Personal information collected by Pedal Power
Our commitments to your privacy
Pedal Power A.C.T. Incorporated (Pedal Power) is committed to protecting the privacy of our members and subscribers and the privacy of people who register with us for our programs, activities and events.
By ‘Pedal Power’, we mean the incorporated association No. A00382, registered under the Associations Incorporation Act 1991 (ACT) and – to the extent that they act on behalf of the association – its Board, Board members, staff and volunteers including ride leaders. The words ‘we’, ‘us’ and ‘our’ in this policy statement similarly refer to Pedal Power.
Legal protections for privacy
The Associations Incorporation Act and Pedal Power’s Rules (its constitution) contain provisions to protect the privacy of personal information of and about members. The legislation gives the Rules legal force in contract law.
Although Privacy Principles under Federal or Australian Capital Territory legislation may have limited application to Pedal Power, Pedal Power is guided by them as a desirable standard for handling personal information of members and non-members, subject to practicality in a modestly-resourced community association.
How Pedal Power collects personal information
Personal information is collected to identify you and give context to our dealings with you, whether as a member, subscriber, purchaser, event participant or otherwise. We endeavour to gather only enough information to support legislated obligations and conduct our operations, in line with our mission to have more Canberrans riding, more often, for a better community.
In most cases, Pedal Power collects information—
- directly from the member or event participant – in person at an event or in our office, by phone, email or post and via Pedal Power’s website contact forms or in printed forms; and
- via Facebook, Twitter and Instagram and other social media as may, from time to time, be appropriate.
Pedal Power will normally collect only personal information submitted with the knowledge of the member or subscriber or participant in a Pedal Power event. An exception is if a member has a complaint to make about another member or someone else who deals with Pedal Power.
If you are providing information on behalf of family members or anyone else who cannot provide the information directly but authorises you to do so, you may provide that information only with their consent and their acknowledgement that this policy applies to them.
The personal information Pedal Power may collect
Pedal Power will only collect information that is reasonably necessary for one or more of our functions or activities. That may include—
- email address;
- telephone and, if relevant, fax numbers;
- emergency contact names and numbers;
- signatures (physical or electronic) for applications and orders or to record participation in an event;
- date of birth where relevant, for example, to Pedal Power membership records;
- gender (sex) where relevant, for example, to a purchase order or membership records;
- other information relevant to purchase orders for goods or services, such as clothing size or preference of meal type and special dietary requirements – when applicable;
- information about health conditions, injury or disability relevant to participation in cycling events, activities or tours, or to incident reports;
- information about headdress worn as part of a customary religious practice you follow, if that would make wearing a bicycle helmet impractical (and if that is permitted by the rules, terms and conditions of the event);
- photographs and/or video images of participants in events, activities or programs;
- skills, experience, qualifications and availability for volunteering positions;
- information specified by accounting standards for incorporated association financial accounts – if applicable;
- details for other persons listed on the same household membership application or the same event application; or submitted on behalf of other persons with their consent, for instance, for persons unfamiliar with the English language or written communications;
- complaints, enquiries and responses to complaints about products, services, other people or you;
- information about metadata and your proximate web use collected for statistical and planning purposes via cookies despatched to your web browser or activated in your device app if you visit our websites. While such information identifies your computer or device, it does not otherwise identify you personally to Pedal Power. You can set your browser or device to automatically accept or reject cookies (and delete them), noting that rejecting a cookie may result in reduced functionality for your use of the site depositing the cookie;
- your transactions with Pedal Power and your log-ins to the Pedal Power websites logged by our external information technology (IT) services, website and membership service providers; and
- personal information in other communications between Pedal Power and you.
This list is not necessarily exhaustive but indicates what we may need to maintain our membership records or provide our products and services to the standard you legitimately expect. If you do not provide information relevant to membership, a product or service, we may not be able to accommodate your requests for products or services.
We will only collect sensitive information about a health condition or disability relevant to your proposed participation in an event or activity, if you provide that information to us.
How Pedal Power uses personal information
Personal information collected by Pedal Power may have public, limited or confidential uses according to the purposes for which it is collected and restrictions placed on access by Pedal Power or at the request of the individual concerned. Pedal Power’s policy is to use personal information only for the purpose for which it is collected.
Personal information may be used in the following ways, to—
- better understand the needs of members and event participants in order to effectively respond to those needs;
- manage Pedal Power’s services as we, amongst other things – issue reminders and renew memberships, pay premiums for the cycling insurance coverage we arrange for members, issue receipts and respond to comments or questions;
- inform members and the cycling community of forthcoming events and social rides, advocacy issues, bicycle regulatory framework and infrastructure, opportunities for volunteering and otherwise promote Pedal Power’s activities, events, training programs and products;
- publish and send our magazine to members and others;
- email our newsletters to members and other subscribers;
- inform members and others as to how they may opt out of our communications if they wish;
- provide third parties with relevant details relating to members’ and riders’ agreement to participate in a program or event run by that party, for example, first-aid training or a cycling event; or to facilitate a donation offered by an event participant to the third party;
- disclose, in the event of medical emergency, information about a ride participant’s health condition or disability to assist an attending health professional in treating the participant;
- inform our auditor to the extent necessary for the auditor to carry out its legal obligations – if such a need is identified by the auditor;
- inform our insurers and professional advisers, including lawyers and consultants, to the extent necessary for them to carry out their obligations to Pedal Power as a client;
- inform Pedal Power in responding to complaints and carrying out disciplinary processes;
- inform disputes resolution intermediaries under processes agreed by parties to the dispute;
- inform regulatory authorities, courts and civil tribunals, if required by law or court order;
- update registers specified under the Associations Incorporation Act, i.e. –
- (i) the public register of Pedal Power officers and association annual returns kept by Access Canberra for the Registrar-General – but Board members and the Public Officer are not obliged to disclose their private address or email address in returns to Access Canberra; and
- (ii) the register of members kept by Pedal Power and available for inspection by members – see advice under ‘Security and confidentiality of personal information’ below;
- provide content for our magazine, newsletter, promotional activities and training programs, where the contributor has submitted the information for public use; and
- otherwise assist in the efficient running of the organisation.
Security and confidentiality of personal information
The Pedal Power Board is responsible for safe custody of all records (Rule 103).
Unless it is information submitted for a public purpose, the Board will take all reasonable steps to keep personal information secure and to restrict access to the person it relates to, where permissible, and to those acting on behalf of Pedal Power (including contractors) who require access to perform the function required by the member, subscriber, purchaser or event participant.
Pedal Power has confidentiality agreements with Board members, staff and volunteers who may handle personal information provided to them.
If disclosure of your personal information in Pedal Power’s register of members or in other records or publications would infringe your sense of privacy or if there are special circumstances, request Pedal Power to not disclose that information, outlining your reasons. The Board or its Delegate will then make a determination after clarifying any issues if need be and advise you of the outcome.
You should be aware that some Pedal Power events and activities may include, as a condition of entry, that participants consent to Pedal Power’s use of their image in promotional material. Often, Pedal Power uses photographs of large groups that do not clearly identify individuals.
If you do not wish Pedal Power to publish any photograph that clearly identifies you, in respect of events and activities providing for registration of your entry, you must notify Pedal Power, when registering, that you do not consent to publication of any photograph that clearly identifies you. You should not participate in any individual photographs.
In the case of photographs taken on social rides or during any other activities, if you do not wish to be photographed, speak to the ride leader or other photographer(s) to make your wishes known.
Other circumstances of disclosure
Ordinarily, Pedal Power will not disclose your personal information to any third party without your consent in writing, but we may disclose information to a third party if—
- required by law or otherwise permitted in this policy statement, for instance, in conjunction with running an event – see ‘How Pedal Power uses personal information’ above;
- we seek legal or other expert advice to which it is relevant; or
- in our opinion such disclosure is reasonably necessary to protect our rights or property, to avoid injury or harm to any person, or in order to ensure the proper functioning of our websites.
How your personal information is stored
Personal Information is stored in electronic form when it is collected or, if collected on paper, once it is converted to electronic form.
Information is stored on Pedal Power’s own computers. Also, to the extent the personal information is relevant to services they provide to Pedal Power, it is stored on external computer systems operated by its contracted service providers, including insurers, IT service providers, data management firms (e.g. for membership records and subscriptions) and, with your consent, fund-raisers associated with Pedal Power events.
Ride leaders may store particulars of ride participants’ names, email addresses and riders’ and riders’ emergency telephone contact details on paper forms prior to transmitting them to Pedal Power. Ride coordinators, ride leaders and, in some cases, volunteer mailing list compilers acting on behalf of ride coordinators, may also store particulars on their own computers to enable them to circulate details of coming social rides, activities or events and to prepare sign-on sheets pre-filled with ride participants’ details. Pedal Power’s Ride Leaders’ Manual and Volunteers’ Manual provide further guidance on the handling of these records.
Jurisdictional and privacy issues for information kept on external systems
The information kept on external systems may be stored overseas. Legislation and regulatory procedures in overseas jurisdictions may impact on the privacy of your personal information. Information transmitted to Pedal Power via email may pass through systems located offshore and again may be subject to overseas legislation and regulatory regimes.
Pedal Power is not responsible for the content of privacy policies of its service providers or volunteers’ service providers or the policies of entities to whom it may provide links from its websites or from online event entry forms.
If you contact Pedal Power through Facebook, Twitter, Instagram or other social media platforms, those platforms may track you across the internet. You should consider alternative means of communicating with Pedal Power if that raises privacy concerns for you. Pedal Power is not responsible for the privacy policies of social media or terms and conditions of using them.
Internet search engines like Google and Bing, information aggregator sites and other websites may, from time to time, feature a display listing for ‘Pedal Power ACT’ when people search for it on the web. The listings may invite users to submit photos and reviews. Depending on the reviewer’s social media or web profile and content, the reviews may disclose the reviewer’s name and image. Sometimes listings may direct searchers to contact Pedal Power through a social media platform. All such listings are devised by the search engine and are not administered by Pedal Power. Pedal Power is not responsible for the privacy policies of search engines, information aggregator sites or other websites or terms and conditions of using them.
How to update, access or remove personal information
Pedal Power takes reasonable steps to keep the personal information it holds accurate, complete and up-to-date. However, we rely on you to advise us, by online communication to our website, email or post or in person, of any changes to your personal information – see contact details below.
If you want to opt out of newsletters and messages that Pedal Power sends you by email, you can do this at any time by clicking the ‘unsubscribe’ button at the foot of an email or advising the sender if there is no ‘unsubscribe’ button. This may mean that you miss out on important information for cyclists in the ACT.
Access and refusal of access
We will, on request, provide you with access to the personal information we hold about you.
However, access may be refused if—
- access would create a conflict of interest or otherwise breach the privacy of any person contrary to Rule 104;
- access would prejudice prospective or current disciplinary enquiries or proceedings against you or another person;
- the information is subject to client legal privilege or is part of existing or anticipated legal proceedings between you and Pedal Power;
- access would prejudice negotiations or dispute resolution processes with you or another person;
- access would prejudice law enforcement activities;
- denial of access is authorised or required by operation of law; or
- access would otherwise be contrary to Privacy Principles under Federal or Territory legislation, to the extent that Pedal Power is guided or may, in particular circumstances, be bound by them.
The Board or its Delegate will give a member requesting personal information a written explanation of the reason for refusal of access. Similarly, subscribers, event participants and others refused access to personal information about them will be given an explanation. The content of explanations may be circumscribed so as to reasonably maintain the objects of refusing access where permitted (e.g. to maintain a person’s privacy or avoid prejudice to proceedings). Except as described earlier in this policy (e.g. in respect of Pedal Power’s service providers and professional advisers), a non-member may not have access to the personal information of a member.
Removal of personal information
Personal information will be removed if requested by a member, subscriber or event participant, as long as its removal would not breach any legal requirements or operational needs of Pedal Power, including matters referred to under ‘Access and refusal of access’ above.
Updates and amendments to this policy
We will notify members of Pedal Power of any updates or amendments to this policy and will publish the updated or amended policy on our websites.
We encourage members to provide feedback on their experiences of the policy in operation.
Enquiries and complaints
- Privacy Officer
Pedal Power ACT Inc
GPO Box 581
CANBERRA CITY ACT
- email: firstname.lastname@example.org.
- by appointment at—
Level 2, Room 10
20 Genge Street
CANBERRA CITY ACT 2601.
- tel: (02) 6248 7995.
Our Privacy Officer will investigate and determine the steps that we need to take to resolve your request or complaint according to this policy.
We aim to respond within 35 days, but will advise you if the matter is likely to take longer.
If you are not satisfied with the outcome, we invite you to contact us to seek review at a higher level of your concerns or you can approach an external body for further information and guidance as to whether or not alternative remedies may be available.
External sources for further information and guidance
For more information on privacy, contact the organisations and other sources listed below.
- In relation to the Australian Privacy Principles, the Information Commissioner at oaic.gov.au, noting that small businesses (including Pedal Power) may not be bound by the Principles but may be guided by them.
- In relation to the Territory Privacy Principles (TPP), the Information Privacy Commissioner (ACT) at oaic.gov.au/privacy/privacy-in-your-state/privacy-in-the-act/, noting that the TPP apply only if Pedal Power is contracted to perform services to or for the Territory or a Territory public sector agency.
- In relation to records of health or disability held by Pedal Power, the Human Rights Commission (ACT), https://hrc.act.gov.au/.
Incorporated associations legislation, rules, civil law and members’ privacy rights
- A legal adviser or the Law Society’s Legal Advice Bureau or the ACT Administrative and Civil Tribunal (ACAT), acat.act.gov.au.
- A disputes resolution intermediary, such as the Conflict Resolution Service (CRS), crs.org.au, a not-for-profit organisation offering alternative dispute resolution services, including mediation and facilitation, in the Canberra community.