PRIVACY POLICY

Daiwa Living Nesuto Australia Pty Ltd (ACN 616 382 542) and Daiwa Living Nesuto New Zealand Pty Ltd (Company No. 6159307) (NZBN 9429045873263) (“Daiwa Living Nesuto”) (“We”) are committed to providing quality services to you and this policy outlines our ongoing obligations to you in respect of how we manage your Personal Information.

We have adopted the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) and in New Zealand, the Privacy Act 1993 (as amended) (the Privacy Act). The APPs govern the way in which we collect, use, disclose, store, secure and dispose of your Personal Information.

A copy of the Australian Privacy Principles may be obtained from the website of The Office of the Australian Information Commissioner at www.aoic.gov.au.  A copy of the New Zealand privacy principals can be obtained from the website of the New Zealand Privacy Commissioner at: www. privacy.org.nz.

Terms used within this policy if not defined herein use the definition provided in the Privacy Act.

What is Personal Information and why do we collect it?

1. The Privacy Act currently defines "Personal Information" as meaning information or an opinion about an identified individual or an individual who is reasonably identifiable:

   1. whether the information or opinion is recorded in a material form or not.
   2. whether the information or opinion is true or not; and
2. If information does not disclose your identity or enable your identity to be ascertained, it will in most cases not be classified as "Personal Information" and will not be subject to this privacy policy.

Examples of Personal Information we collect includes:

Name;

Gender;

Postal address;

Telephone number;

Email address;

Credit and debit card number or other payment data;

Language preference;

Date and place of birth;

Nationality, passport, visa or other government-issued identification data;

Important dates, such as birthdays, anniversaries and special occasions;

Membership or loyalty program data (including co-branded payment cards, travel partner program affiliations);

Employer details;

Travel itinerary, tour group, or activity data;

Prior guest stays or interactions, goods and services purchased, special service and amenity requests;

Social media account ID, profile photo and other data publicly available, or data made available by linking your social media and loyalty accounts;

In more limited circumstances, we may also collect:

Data about family members and companions, such as names and ages of children;

Biometric data;

Financial information;

Images and video and audio data via security cameras located in public areas, such as hallways and lobbies, in our properties;

Marital Status;

Driver’s Licence;

and commenting or opinion about a person (“Personal Information”).

This Personal Information is obtained in many ways including forms you complete, interviews, meetings, correspondence, by telephone and facsimile, by email, via our website www.nesuto.com from attending our events, from business cards you provide, to other publicly available sources, from cookies in our website and from third parties.

We may also collect information about your preferences that we use to make your current and future stays and experience with us more enjoyable, including information about your interests and other relevant information about you that we learn about. This may also include any likes and dislikes about our services that you tell us about so that we can improve our services, and specific dietary or health restrictions to ensure your wellbeing. We may also collect your “Personal Preferences,” that may include details of your special anniversaries (such as your birthday or wedding anniversary), what type of activities you prefer to take part in when staying with us, and your hobbies.

If you submit any Personal Information about other people to us or our service providers (e.g., if you make a reservation for another individual), you represent that you have the authority to do so and you permit us to use the data in accordance with this Privacy Policy.

We collect your Personal Information for the primary purpose of providing our services to you, complying with the law, sharing within all companies in the Daiwa Living Nesuto group and marketing. We may also use your Personal Information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure. You may unsubscribe from our mailing/marketing lists at any time by contacting us in writing. 

We also collect cookies from your computer which enable us to tell when you use the website and also to help customise your website experience.  As a general rule, however, it is not possible to identify you personally from our use of cookies.  See our Cookie Policy for further information.

When we collect Personal Information we will, where appropriate and where possible, explain to you why we are collecting the information and how we plan to use it.

Sensitive Information

Sensitive information is defined in the Privacy Act to include information or opinion about such things as an individual's racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information.

Sensitive information will be used by us only:

• For the primary purpose for which it was obtained
• For a secondary purpose that is directly related to the primary purpose
• With your consent; or where required or authorised by law.

Third Parties

Where reasonable and practicable to do so, we will collect your Personal Information only from you or another company in the Daiwa Living Nesuto group. However, in some circumstances we may be provided with information by third parties.  We do not consider other companies in the Daiwa Living Nesuto group to be a third party.  In such a case we will take reasonable steps to ensure that you are made aware of the information provided to us by the third party.  We don’t guarantee website links or policy of authorised third parties.

Security of Personal Information

We exercise best practice internal procedures and policies to ensure safety of your Personal Information.  Your Personal Information encompasses all data that Daiwa Living Nesuto is capable of correlating with you, using such means as server-logs and cookie-contents.

Your Personal Information does not refer to data that can no longer be associated with you.  This includes aggregated data that does not and cannot identify the individuals whose data are included in the aggregation.

Daiwa Living Nesuto will not, without your express consent, provide your Personal Information to any third party to market for any third party.

When your Personal Information is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your Personal Information. However, most of the Personal Information is or will be stored in client files which will be kept by us for a minimum of 7 years.

Data Disclosure

Disclosure refers to making your Personal Information available to any party other than Daiwa Living Nesuto and you.  The term disclosure may include many different conditions of data transfer, including selling, renting, trading, sharing and giving.

Daiwa Living Nesuto undertakes to disclose Personal Information only under the following circumstances:

• in the course of business being conducted between you and Daiwa Living Nesuto, where disclosure is necessary to a contractor;
• in other circumstances that are directly implied by the purpose agreed between you and Daiwa Living Nesuto at the time of data collection or subsequently;
• with your consent, or at your request;
• where required by law, such as a provision of a statute, or a court order such as a search warrant or subpoena.  In these circumstances, Daiwa Living Nesuto will take any reasonable steps available to it to communicate to you that the disclosure has occurred, unless it is precluded from doing so by law;
• where permitted by law (e.g. the reporting of suspected breach of the criminal law to a law enforcement agency; and in an emergency, where Daiwa Living Nesuto believes on reasonable grounds that the disclosure of Personal Information will materially assist in the protection of the life or health of some person), provided that Daiwa Living Nesuto will apply due diligence to ensure that the exercise of the permission is justifiable.

In all cases, Daiwa Living Nesuto undertakes to disclose only such of Personal Information as is necessary in the particular circumstances.

Cross-border disclosure

Personal, sensitive and credit information which Daiwa Living Nesuto collects may be stored and processed in and transferred between countries abroad in which Daiwa Living Nesuto operates or has service providers.  This disclosure enables the use of your information in accordance with this Privacy Policy.

Your information may be held in our servers located in Singapore and potential backups in Hong Kong and China.  Your information may also be accessible to our contractors, agents and service providers located in Australia or New Zealand via external access.  We have offices in Japan that may access your Personal Information to provide you services.  Our newsletters and marketing material is sent out using Mail Chimp that has servers in the United States of America.

You agree to such cross-border transfers (if we change providers to an overseas provider) of your Personal Information.

Daiwa Living Nesuto also uses a number of softwares and tools for storing and sharing your information to other affiliated offices, third party service providers, contractors or agents.  This can include, but is not limited to, the use of internal search engines, electronic file transfer systems and online payment facilities.

Data Retention and Destruction

Subject to the qualifications immediately below, Daiwa Living Nesuto undertakes:

• to retain Personal Information only as long as is consistent with its purpose; and
• to destroy Personal Information when its purpose has expired, and to do so in such a manner that Personal Information is not subsequently capable of being recovered.

This undertaking is qualified as follows:

• Personal Information may be retained in Daiwa Living Nesuto’ logs, backups and audit trails within short-term retention cycles that are devised to protect the company’s operations.  In such cases, Personal Information will be destroyed in accordance with those cycles;
• Personal Information may be retained beyond the expiry of its purpose if that is required by law, such as a provision of a statute, or a court order such as a search warrant or subpoena, or a warning by a law enforcement agency that delivery of a court order is imminent.  In these circumstances, Daiwa Living Nesuto:
• will take any reasonable steps available to it to communicate to you that Personal Information is being retained, unless it is precluded from doing so by law; and
• will only retain Personal Information while that provision is current, and will then destroy Personal Information;
• Personal Information may be retained beyond the expiry of its purpose if it is authorised by law (in particular to protect Daiwa Living Nesuto’ interests, e.g. if it believes on reasonable grounds that you have failed to fulfil your undertakings to Daiwa Living Nesuto or have committed a breach of the criminal law).  In these circumstances, Daiwa Living Nesuto will only retain Personal Information while that situation is current, and will then destroy Personal Information.

Access to your Personal Information

You may access the Personal Information we hold about you and to update and/or correct it, subject to certain exceptions. If you wish to access your Personal Information, please contact us in writing by email, post or in person.

Daiwa Living Nesuto will not charge any fee for your access request, but may charge an administrative fee for providing a copy of your Personal Information.

In order to protect your Personal Information we may require identification from you before releasing the requested information.

Maintaining the Quality of your Personal Information

It is an important to us that your Personal Information is up to date. We will take reasonable steps to make sure that your Personal Information is accurate, complete and up-to-date. If you find that the information we have is not up to date or is inaccurate, please advise us as soon as practicable so we can update our records and ensure we can continue to provide quality services to you.

Information about Data-Handling Practices

Daiwa Living Nesuto undertakes to make information available to you about the manner in which Daiwa Living Nesuto handles Personal Information:

• in general terms, in a readily accessible manner; and
• in more specific terms, on request.

Where Personal Information is disclosed to a contractor, Daiwa Living Nesuto undertakes to make information available to you on request about the manner in which Daiwa Living Nesuto’ contractors handle Personal Information.

Daiwa Living Nesuto undertakes to ensure that the information provided is meaningful, and addresses your concerns.

You undertake:

• not to seek such information for frivolous purposes, or unreasonably frequently; and
• to accept that the disclosure of excessive detail may harm the security of Personal Information and Daiwa Living Nesuto’ business processes, and may harm Daiwa Living Nesuto’ commercial interests.

Daiwa Living Nesuto reviews and monitors its Personal Information handling process annually to ensure it is adopting best practice.

Handling of Enquiries, General Concerns and Complaints

If you have any enquiries, general concerns, or complaints about this policy, or about Daiwa Living Nesuto’ behaviour in relation to this policy, you undertake:

• to communicate them in the first instance:
• to Daiwa Living Nesuto only;
• in sufficient detail;
• through a channel made available by Daiwa Living Nesuto for that purpose;

Daiwa Living Nesuto undertakes:

• to provide one or more channels for communications to Daiwa Living Nesuto, which are convenient to users;
• to promptly provide acknowledgement of the receipt of communications, including the provision of a copy of the communication, the date and time it was registered, and Daiwa Living Nesuto’ reference-code for the communication;
• to promptly provide a response to the communication, in an appropriate and meaningful manner.

You further undertake to not pursue Daiwa Living Nesuto through any Regulator or the media:

• until and unless Daiwa Living Nesuto has had a reasonable opportunity to respond to the initial communication;
• while Daiwa Living Nesuto and you are conducting a meaningful dialogue about the matter; and
• complaints to Daiwa Living Nesuto should be directed to the email address at the end of this policy

If you have a complaint concerning the manner in which we maintain the privacy of your Personal Information, please contact us as set out below. All complaints will be considered by Daiwa Living Nesuto and we may seek further information from you to clarify your concerns. If we agree that your complaint is well founded, we will, in consultation with you, take appropriate steps to rectify the problem. If you remain dissatisfied with the outcome, you may refer the matter to the Office of the Australian Information Commissioner

Enforcement

Daiwa Living Nesuto declares that its undertaking in this policy are intended to create legal obligations, and that those obligations are intended to be enforceable under appropriate laws in appropriate jurisdictions.  These include laws relating to data protection, privacy, fair trading, corporations and criminal laws.

You undertake to seek enforcement only in a jurisdiction that is relevant to the transactions that have taken place between you and Daiwa Living Nesuto, in particular the jurisdiction in which you live or in which you performed the relevant acts, and the jurisdiction in which Daiwa Living Nesuto is domiciled or performed the relevant acts.

Changes to These Privacy Undertakings

Daiwa Living Nesuto undertakes:

• not to unilaterally make any material change to this policy in a manner that reduces the protections for Personal Information;
• to take all practicable steps to prevent any company that acquires Daiwa Living Nesuto or any of its relevant assets from materially changing this policy applicable to Personal Information in a manner that reduces the protections for Personal Information;
• where it is considering making changes to these terms, or creating more specific policy relating to specific services, to consult with appropriate representative and advocacy organisations;
• where it makes changes to this policy, to ensure that the differences between successive versions are readily accessible;
• to maintain all prior versions of this policy in such a manner that they are dated, and readily accessible.

Direct Marketing

You give your express and informed consent to us using your Personal Information where that information relates to the provision of services to you or marketing activities to provide you with information and to tell you about our products, services or events or any other direct marketing activity (including third party products, services, and events) which we consider may be of interest to you, whether  by post, email, SMS, messaging applications and telephone (“Direct Marketing Communications”).

If you have provided inferred or implied consent (e.g. not opting out where an opt-out opportunity has been provided to you) within your reasonable expectation that we send you Direct Marketing Communications given the transaction or communication you have had with us, then we may also use your Personal Information for the purpose of sending you Direct Marketing Communications which we consider may be of interest to you.

If at any time you do not wish to receive any further Direct Marketing Communication, you may ask us not to send those to you or disclose your information to other organisations for that purpose by using the “unsubscribe” facility in the Direct Marketing Communications.

In some circumstances, the European Union General Data Protection Regulation (GDPR) provides additional protection to individuals located in Europe. The fact that you may be located in Europe does not, however, on its own entitle you to protection under the GDPR. Our website does not specifically target customers located in the European Union and we do not monitor the behavior of individuals in the European Union, and accordingly the GDPR does not apply.

Credit information and our Credit Reporting Policy

The Privacy Act contains provisions regarding the use and disclosure of credit information, which applies in relation to the provision of both consumer credit and commercial credit.

As we provide terms of payment of accounts which are greater than 7 days, we are considered a credit provider under the Privacy Act in relation to any credit we may provide you (in relation to the payment of your account with us). 

We use credit related information for the purpose set out herein.  We will store your credit information you provide us or we obtain about you in accordance with this policy.

Privacy Policy Complaints and Enquiries

If you have any queries or complaints about our Privacy Policy please contact us at:

Address:         
Daiwa Living Nesuto Pty Ltd
c/- Nesuto Parramatta
110-114 James Ruse Dr, Parramatta NSW 2142

Email:            
privacy@nesuto.com

Attention:       
Mr Mark Ronfeldt CEO