Privacy Statement

Kelsian Group Limited (ABN 49 109 078 257) which includes all Australian public transport and marine & tourism businesses who are part of the Kelsian group of companies (collectively, Kelsian, us, we, our) are committed to handling personal information in accordance with the applicable privacy laws.

Kelsian provides products and services as a private sector business, and assists to provide public transport services in most Australian States and Territories. Depending on our operations we may be subject to the Privacy Act 1988 (Cth) (Privacy Act) including the Australian Privacy Principles (APPs) or to the various Australian State and Territory privacy regimes (collectively, the Privacy Laws).

This Statement (Privacy Statement) is intended to provide a general overview of how we handle personal information subject to the Privacy Laws.

By using our websites and/or providing your personal information to us you acknowledge that we will handle your personal information in accordance with this Privacy Statement. You also acknowledge that other policies may apply instead of or in addition to this Privacy Statement in certain circumstances.

For example:

If you apply for, or register for an employment opportunity with Kelsian, we will collect relevant information about you in connection with your application or registration of interest in accordance with our Recruitment Collection Statement (which is available here)

If you are located in the European Economic Area, the General Data Protection Regulation 2016/679 (GDPR) may apply to our handling of your personal information. Please refer to our GDPR Privacy Notice (which is available here) for how we manage personal information under the GDPR.

Collection of your personal information

When we refer to ‘personal information’, we mean information about an individual from which that person can be identified. This does not include anonymous data where identifying information has been removed.

We may collect personal information about you in the course of your dealings with us. This may include:

  • when you book or use the public transport services supported by Kelsian;
  • when you book or use Kelsian's ferry, bus, accommodation and other tourism products and services;
  • when you attend any of our terminals or facilities, or board any of our vessels or vehicles, including through the use of closed circuit television (CCTV) or other surveillance;
  • when you enter a competition, participate in a promotion or subscribe to receive our newsletters;
  • when you make an enquiry with us, call us or our control room, make a complaint about one of our services, or provide feedback to us;
  • when you or the organisation you work for is one of our business partners, suppliers, service providers, agents or otherwise conducts (or seeks to conduct) business with Kelsian;
  • when you apply to, or do, work for Kelsian;
  • in order to assess your application for a shareholding with us, service your needs as an investor and otherwise administer any shareholding you have with us; and
  • any other dealings with have in relation to you. For example, if you witness an accident involving one of our buses, leave personal belongings on one of our buses or ferries or are claiming some lost property on someone else’s behalf, or are involved in an accident involving one of our buses or ferries.

The types of personal information that we collect will depend on the nature of our dealings and what we require for our business functions and activities.

Investors or Shareholders of Kelsian Group Limited

If you are an individual and a current or former registered shareholder of Kelsian Group Limited then we may collect your bank account details, details of shares held, shareholder reference number, voting instructions, your voice and image through recorded webcast shareholder meetings, and other information relating to your shareholding as required or authorised to be collected by law, including the Corporations Act.

Public transport passengers

If you are a passenger on one of our buses or ferries, we collect CCTV images of you.

We may collect your contact details (including name and address) if you have left personal belongings on one of our buses or ferries or if you have found someone else’s personal belongings during your trip.

When you pay to use on of our buses or ferries, you ‘tap in’ to a third party operated payment system that provides us with a report telling us that a payment has been made at a particular time by a particular payment method (e.g. travel card, bus pass or a credit card). We do not collect personal data from these third party operated payment systems.

If you are involved in an accident involving one of our buses or ferries or make a complaint to us, we may collect your contact details (including your name, telephone number address, vehicle details, age and email address) and details of the accident. We may also collect sensitive data relating to your health or medical conditions.

Marine and tourism customers

If you are a customer on one of our ferries or purchase one of our tourism products and services, the types of personal information we collect may include your name, contact details (such as your address, telephone number and email address), drivers licence details, information about our dealings with or about you, information about the Kelsian products and services that you have acquired or enquired about, your vehicle registration information, your billing and payment information, loyalty program details, dietary requirements, your marketing preferences and other personal information as permitted by law.

We may also collect other personal and sensitive information from you such as whether you require wheel chair access or relevant health information.

Your credit card information may also be required in connection with your purchase of our goods and services. We use third party payment processing providers to process credit card transactions. Credit card information will go directly to our provider and is not held by Kelsian.

If you are involved in an accident involving one of our buses or ferries or make a complaint to us, we may collect your contact details (including your name, telephone number address, vehicle details, age and email address) and details of the accident. We may also collect sensitive data relating to your health or medical conditions.

Members of the public

If you witness an accident involving one of our buses or ferries, we may collect your contact details (including your name, telephone number address, vehicle details, age and email address) and details of the accident.

If you phone us or our control room, we may monitor and record your call.

If you visit one of our depots we may collect CCTV images of you.

Third party suppliers and contractors

If you are a supplier or contractor, or work for one of our suppliers or contractors, we may collect business details such as the name of the organisation, ABN, your name, position, email address, contact telephone number, bank account details and other details relevant to our relationship with you.

If you are on and around our premises, vessels, vehicles or depots we collect CCTV data.

A visitor to our websites and social media

When using our social media sites and website “Kelsian.com” and any websites of our related bodies corporate and businesses including those linked from the Kelsian.comwebsite (collectively ‘Sites’) we may collect information about how you use the website such as your internet browser, operating device and application identifiers, IP address and geo-location information, access times and dates, referring and exit pages, URLs, clickstream data, search items, pages viewed and time spent on pages.

Cookies are used by the Websites to track a visitor’s navigation in the Sites however are not used to collect or record any personal information. A cookie is a piece of information that allows our system to identify and interact more effectively with your device. The cookie helps us to maintain the continuity of your browsing session. You can change the settings on your web browser software to reject cookies but this may impact the functionality of our Websites.

Other features such as Google services such as Google Analytics and Google Ads are used in conjunction with our websites. These features collect data via advertising cookies and anonymous identifiers in order to provide ads to users based on certain characteristics. You may opt out of the use of Google Analytics through Google Ads Settings (see www.google.com/settings/ads/plugin). There are also opt-out facilities which cover multiple online services, such as http://www.youronlinechoices.com.au/opt-out-help/.

We generally collect your personal information directly from you, though in some cases we may collect personal information about you from publicly available sources and third parties (for example, from a state government department if you make a complaint about our public transport services or contact them about lost property left on one of our buses, from travel agents, wholesalers, tourism associations and booking agents if you purchase our marine and tourism products or services, from third parties in the case of credit checks or business referrals, and from our other agents, clients, contractors and suppliers, your representatives and agents, and from other third parties as permitted by law).

If you provide us with personal information about a third party, you represent, and we collect it on the basis that, the person agrees that we may collect and handle their personal information in accordance with this Privacy Statement and any other privacy notice that we provide to you in the course of our dealings with you.

If we are unable to collect the personal information we require, or the information provided is incorrect or incomplete, this may affect our ability to provide products or services to you.

Purposes for which information is collected, held, used and disclosed

We generally hold, use and disclose your personal information for the purposes for which we collected it, and for other related purposes that you would reasonably expect.

If you are a public bus or ferry passenger, these purposes include to comply with our obligations as an operator of public transport services, to ensure the safety of passengers, drivers, crew and members of the public and for our general business operations and administrative functions.

Generally, if you are a customer of Kelsian's marine and tourism products and services, these purposes include to respond to your enquiries, complete your purchases, confirm your travel arrangements, provide you with our travel, accommodation and other products and services, handle payments and refunds, provide you with promotional information or special offers, obtain your feedback on your dealings with us, to ensure the safety of our customers, passengers, drivers, crew and members of the public, and for our general business operations and administrative functions. We may also use collected personal information to conduct market research, consumer and other research. This is to improve our products, servicing and marketing activities, including our websites, and to generate customer insights that help us to market more efficiently and be more relevant to you.

If you are a supplier or contractor, or work for a supplier or contractor of Kelsian, these purposes will include to manage that relationship in order to facilitate the provision of services.

If you are an individual and a current or former registered shareholder of Kelsian then these purposes include to manage your shareholder, keep your record on the shareholder register current and accurate, provide shareholder communications and shareholder meeting materials to you, pay dividends to you, enable you to exercise your shareholder voting rights and other shareholder rights and respond to your enquiries.

We may exchange your personal information with Kelsian related entities, and with our agents, contractors, suppliers, service providers, clients, promotion partners, to your representatives and agents, and relevant regulatory authorities for the purposes set out above. For example, we may

  • disclose personal information of a bus passenger in accordance with our contractual obligations as an operator of public transport services under our contracts with relevant State government organisations;
  • provide limited personal information of one of our tourism product and services subscribers to our service providers such as a mail house to carry out specialised marketing activities on our behalf; or
  • share your personal data with third parties such as insurance companies in relation to accidents involving our vehicles and vessels.

We may also disclose your personal information to a buyer or prospective buyer in connection with a merger, acquisition, reorganisation or sale of Kelsian or any subsidiary or other entity of Kelsian, or any of their assets or business lines.

Apart from the above instances, we may also use and disclose your personal information with your consent and as otherwise required or permitted by law. This may include, where appropriate, we handling personal information relying on exemptions that may be available under applicable Privacy Laws including, for example, the employee records exemption in the Privacy Act and provisions in the Privacy Act concerning the sharing of personal information among related bodies corporate.

How we market our products and services to you

You may be a subscriber to receive our promotional material, such as our newsletters and information on promotions, special offers, service and product updates and general Kelsian news.

By subscribing to receive our promotional material you agree that we may send you promotional material by post or by electronic means (including e-mail and SMS).

You can opt-out of receiving our promotional communications at any time by using the opt-out mechanism included in each of those promotional communications, or by contacting our Privacy Officer via the details shown below.

Sensitive information

Usually we do not collect 'sensitive information' about you, as defined by the applicable Privacy Laws, such as health information or information about your racial or ethnic origin, political opinions, religious beliefs or affiliations, philosophical beliefs, professional or political or trade association membership or trade union membership, sexual orientation or practices, or criminal history. However, in some circumstances we may require sensitive information from you, such as where it is needed to provide our services to you or in relation to employment related screening.

We generally only collect sensitive information with your consent or in other limited circumstances permitted by the applicable Privacy Laws. When you provide sensitive information to us, we will assume that you consent to us collecting and handling that information, unless you tell us otherwise at that time, or subsequently withdraw your consent.

Storage and security of personal information

We may hold your personal information in electronic formats or in hard copy. We generally take reasonable steps to securely store your personal information to ensure it is protected from unauthorised access, modification and disclosure, and from other types of misuse, interference and loss.

We generally take reasonable steps to destroy or permanently de-identify your personal information when we no longer require it for any purpose for which it may be used. We may retain your personal information for as long as necessary to comply with any applicable law, for insurance and corporate governance purposes, for the prevention of fraud and to resolve disputes. Your personal information may also be retained in our IT system back-up records.

The transfer of data over the Internet is inherently insecure. We cannot guarantee the security, during transmission, of any personal information provided to us via our websites. Please bear this in mind when transmitting information by this means to us.

Access and correction of your personal information

You may lodge a request to correct personal information that we hold about you if you believe it is inaccurate, incomplete, out-of-date, irrelevant or misleading. Please contact our Privacy Officer via the contact details shown below to make a correction request.

You may request access to personal information that we hold about you. We will generally provide you with access, except in limited circumstances where the applicable Privacy Laws permit us to deny access. Access requests must be made in writing to our Privacy Officer via the details shown below. No fee will be incurred for making a request to access. If we are able to provide access, you will be informed of the fee (if any) payable by you to facilitate such access, for you approval prior to us completing your access request.

CCTV

We operate CCTV cameras in all of our buses, ferries, depots and workplaces, and we operate intermittent audio recording in and around our drivers' cab area in our buses.

We use the footage and audio captured to ensure the safety of all drivers, passengers, crew, visitors to the workplace and members of the public, to investigate collisions and incidents involving our buses, to prevent, detect or investigate crime, and to assist with the apprehension and prosecution of offenders.

We can retrieve footage for up to 10 working days or 240 operating hours from the date of the incident, whichever is sooner. After this time, the footage is recorded over unless we need to retain it for investigations.

There may be circumstances where we disclose footage captured by our CCTV cameras and audio recording device. This includes where required by the police, statutory provisions or a court order imposes a mandatory duty to disclose, or where statutory provisions impose upon us discretion as to whether to disclose the footage. A member of senior management considers disclosure requests on a case by case basis.

Links with third party websites

Our websites may contain links to third party websites. Third party websites may contain links to our website.

We are not responsible for the privacy, security or handling of your personal information via those third party websites, nor any links on third party websites to our website (or purporting to be to our website).

You should review the privacy policy and terms of use for those third party websites each time you visit them.

Overseas disclosure of your personal information

We will not disclose your personal information to overseas recipients, except with your consent or where we are required or authorised to do so by law.

Changes to our privacy statement

We may amend, modify or replace this Privacy Statement at any time. You should review our Privacy Statement each time you visit our website or provide us with personal information.

Complaints

If you have a complaint about the way in which we handle your personal information please contact our Privacy Officer via the details below. We will confirm receipt of your complaint and set out the time frame we require to investigate your complaint. Following our investigation we will provide you with a response, which we generally aim to do within 14 days of receiving your complaint.

Contact Us

If you would like further information about the way we manage your personal information or if you have a complaint, please contact us via the details below.

Attention: The Privacy Officer

Kelsian Group Limited

Level 3

26 Flinders Street

ADELAIDE SA 5000

Email: privacy@kelsian.com