Privacy Policy

KDR Victoria Pty Ltd (ABN 42138066074) trading as Yarra Trams ("Yarra Trams" or "we", "us" or "our") respects the privacy of its passengers, customers and other individuals it interacts with.  Yarra Trams handles your personal information in accordance with the Commonwealth Privacy Act 1988. As a company contracted by Public Transport Victoria, which is part of the Victorian Government, to provide passenger and other services on the Melbourne metropolitan tram network, we also comply with the Victorian Information Privacy Act 2000.  There are also other State and Commonwealth laws that Yarra Trams complies with in relation to transport services, surveillance and electronic communications with you.

This Privacy Policy does not describe all of Yarra Trams' obligations under all privacy laws. Its purpose is to explain how Yarra Trams manages personal information in an open and transparent way. Please contact our Privacy Officer (see Contact Us section below) if you have any questions or require further information about our Privacy Policy or how we handle your personal information.

1. Your right to anonymity and pseudonymity

In many of your dealings with Yarra Trams you may, choose to do so anonymously or by using a pseudonym.  However, this may restrict our ability to effectively respond to your enquires and requests.  We will need to know your identity if:

(a)     it is impracticable for us to deal with you unless we can identify you; or

(b)     we are required or authorised by Australian law or court/tribunal order to only deal with identified individuals  (eg under the Victorian Transport (Compliance and Miscellaneous) Act 1983, our Authorised Officers can obtain your name, address and evidence of identification where they have reasonable grounds to believe an offence has occurred). 

2. Kinds of personal information we usually collect and hold

Personal Information means any information or opinion (that may not be true) about an identified individual or an individual who is reasonably identifiable, whether the information is recorded in a material form or not.  Examples of personal information are your name, address, phone number, email or some social media details.

Sensitive information is a subset of personal information that is afforded a higher level of privacy protection under the privacy laws.  It includes health information and personal information about an individual's racial or ethnic origin, political opinions, membership of a political, professional or trade association or trade union, religious or philosophical beliefs, sexual preferences or criminal record.

Other than during the recruitment process, after a collision or other accident or in activities aimed at improving services for disabled individuals, Yarra Trams generally does not collect sensitive information unless we are required or permitted by law to do so (for example by law enforcement agents) or have your consent.

As the operator of the Melbourne metropolitan tram network, Yarra Trams normally collects the following kinds of personal information:

• Name, contact details and other information submitted to or obtained by our customer service department or tram depots as part of customer complaints, feedback, lost and found, or other communications ("Customer Service information");

• Name, contact details, opinions and answers to questions or surveys, social media details as part of our marketing and competition activities ("Marketing Information");

• Name, date of birth, contact details, professional memberships, criminal record, tax file numbers, bank account details and other information as part of the employee or contractor or consultant recruitment ("Recruitment Information");

• Name, contact details, vehicle registration number, government related identifiers such as your licence number and other information of drivers and witnesses involved in collisions with or accidents in or around our trams ("Collision details");

• Name, address, myki card number, government related identifiers such as your drivers licence number and/or passport number and other passport details, CCTV or surveillance activities or other identifying information ("Infringement Information").

In addition, in the course of complying with legislation, responding to feedback and/or improving our customer services, Yarra Trams may collect sensitive information about individual disabilities.

Some of the information we collect as described above may also be used for other permitted purposes.

If you provide us with personal information about another person, then we ask that you inform that person about this Privacy Policy.

3. How we collect personal information

Yarra Trams generally collects the kinds of personal information described above in the following ways:

(a)       Customer Service Information - including when:

• you contact one of our tram depots directly and provide your personal information to our depot manager or other representative;
• you contact Public Transport Victoria's call centre and agree for your personal information to be provided to us as a public transport operator for the purpose of responding to your complaint or feedback;
• you communicate with our customer feedback division or our staff members via telephone, email or letter and provide your personal information;
• you send written correspondence to our head office or other location;
• you post information on or directed to any of our social media platforms, including our Facebook page or Twitter account;
• your authorised representative, a family member or other third party provides us with your personal information.

(b)       Marketing Information - when you or your authorised representative enter a competition or promotion on our website, or answer questions and provide information to our corporate affairs, marketing or other departmental representatives. 

(c)     Recruitment Information - during the recruitment process when we receive applications from individuals or deal with contractors or consultants and from third parties (eg, police background checks). 

(d)     Collision details - when a collision happens, by our drivers or other employees and/or the police.

(e)     Infringement Information - when an infringement occurs, by Authorised Officers, drivers or other staff members. 

4. Quality and security of the personal information we hold

Yarra Trams takes reasonable steps to ensure that the personal information we collect, use and disclose is accurate, up-to-date, complete and relevant.  To help us do this, please notify us of any changes to your personal information.  We will correct your personal information if we receive a correction request from you or we are otherwise satisfied your personal information should be corrected.

We also take reasonable steps to protect your personal information and keep it secure. All personal information we collect is held in secure and restricted access electronic systems and/or in paper files located in Australia. Access to these systems or files is restricted to certain staff members who need access to them to properly undertake their work functions. Personal information our Authorised Officers collect is stored securely with restricted access rights in accordance with various applicable laws.

We also take reasonable steps to protect your personal information and keep it secure by imposing department and employee rights and restrictions, using confidentiality agreements and policies and secured site facilities, computer generated security tools such as firewalls and data encryption. We cannot however guarantee that data transmission to or from us over the internet will be totally secure.

Subject to legal requirements, when we no longer need your personal information for any permitted purposes, then we take reasonable steps to either destroy or de-identify it, (eg after completing a marketing competition, all personal information is deleted from electronic and paper files, with any relevant aggregated de-identified information retained for research and analysis purposes within our business if needed).

5. Purposes for which we collect, use and disclose personal information

Yarra Trams collects, holds, uses and discloses personal information for purposes that are reasonably necessary for our operations, activities and functions.  These purposes include:

• to undertake customer service functions including answering enquiries and complaints and improving our operational and customer service functions;
• to promote our business, provide information to customers, users and the public;
• to undertake research and development activities aimed at better understanding and improving our operations and services;
• to provide report and other information to, or respond to enquiries from, government departments such as Public Transport Victoria, Transport Accident Commission, Victoria Police;
• to investigate and take action in relation to suspected serious unlawful activity or misconduct and to prepare for and engage in dispute resolution activity including those arising from, collisions, other accidents or infringements and to deal with drive and insurance agents;
• to protect the safety of our passengers, drivers and other employees and to enable us to respond to emergencies;
• to evaluate applications and make recommendations. and manage and administer the engagement of contractors and consultants;
• for enforcement related activities conducted by, or on behalf of, an enforcement body;
• as required or authorised by law; and
• for any other purpose which you consent to.

6. Disclosing personal information overseas and to third parties

Unless otherwise stated in this policy or required by Australian law or court/tribunal order, Yarra Trams does not normally disclose personal information to overseas recipients. 

Our computer systems that store and process personal information are located entirely within Australia. 

Information shared with our overseas parent company, Keolis SA and its related body corporate entities is generally de-identified and aggregated.  However some contractor information and other limited personal information may be shared with our overseas parent company and other related body corporate entities in the course of our business operations and functions. These companies are principally located in France. 

In the event that any personal information is disclosed to overseas recipients, Yarra Trams does so in accordance with its privacy obligations. 

In the course of its business functions and activities, and where otherwise required or authorised by Australian law or court/tribunal order, Yarra Trams may disclose your personal information to third parties, including to:

• your authorised representatives;
• your insurance agents and representatives;
• Public Transport Victoria;
• Victoria Police;
• Debt collection agencies;
• Public Transport Ombudsman;
• Transport Accident Commission;
• Competition prize providers; and
• Other third parties to whom you have consented.

7. Accessing and correcting personal information

You may request access to personal information we hold about you. To do so, please contact our Privacy Officer - see details under Contact Us section below.

We will respond to your request within a reasonable period and generally within 30 days.  We will provide you with access to the information in the manner you have requested where possible. However, we will not provide access in some circumstances such as where: 

• access would have an unreasonable impact on the privacy of other individuals;
• the information relates to existing or anticipated legal proceedings with you;
• denying access is required or authorised by an Australian law or court/tribunal order; and
• access may prejudice enforcement related activities conducted by, or on behalf of, an enforcement body's.
• other circumstance prescribed by law.

If we do refuse access, we will give you written notice of our refusal, explain why, and how you can complain if you are not satisfied with our decision.

While we will not charge you for an access request, we may charge you for our reasonable costs in providing access (such as for photocopying and postage).

You may ask us to correct the personal information we hold about you by contacting our Privacy Officer - see details under Contact Us section below. We will respond to your request within a reasonable time and generally within 30 days. We will take reasonable steps to correct the information if it is inaccurate, out-of date, incomplete, irrelevant or misleading having regard to the purpose for which we hold it. In some circumstances we may require further information from you to support your correction request. If we refuse your correction request we will give you written notice of our refusal, explain why and how you can complain if you are not satisfied with our decision.

8. Cookies

Our website may from time to time collect Cookies (small summary file of your computer). Whilst cookies are not personal information because they do not reveal the identity of an individual, you can set your browser in a manner so your computer does not accept cookies.

9. Complaint handling procedure

We deal with any complaints about our handling of your personal information in the following way:

• your complaint should be submitted in writing to our Privacy Officer - see details under Contact Us section below and should include sufficient details to enable us to respond;
• we will investigate and respond within a reasonable time after receipt of your complaint to discuss the issues and potential options for resolution;
• we will treat all complaints confidentially;
• if you are not satisfied with our response or proposed resolution, then you may make a complaint to the relevant State or Commonwealth privacy office, whose contact details are below.  As a guide, if your privacy compliant relates to our management of your personal information in the course of carrying out passenger services on behalf of Public Transport Victoria, then you should direct your complaint to Privacy Victoria.  If you are unsure, you may contact us or Privacy Victoria who will help direct your complaint.

Privacy Victoria
Level 11, 10-16 Queen Street
Melbourne Victoria 3000   
GPO Box 5057
Melbourne Victoria 3001

Telephone:
Local call within Australia: 1300 666 444
From outside Australia: +61 3 8619 8719  

Fax:
Local call within Australia: 1300 666 445
From outside Australia: +61 3 8619 8700

Email: enquiries@privacy.vic.gov.au

OR

Office of the Australian Information Commission - see the OAIC privacy complaints page for more information on the lodging your complaint.

10. Contact us

Please direct any questions concerning our Privacy Policy, any access or correction requests or privacy complaints in relation to your personal information, to our Privacy Officer as follows:

Privacy Officer
Yarra Trams
GPO Box 5231
MELBOURNE VIC 3001
Tel:  (03) 96193200

Email:  Privacy.Officer@yarratrams.com.au

11. Changes to our Privacy Policy

Yarra Trams may amend this Privacy Policy from time to time.  Any amendments will be effective on the date the revised Privacy Policy is posted on our website.

Last Updated:  17 March 2014