Wild Ocean Tasmania - Privacy Policy

Last updated: July 2018

Damian Ian Connor trading as Wild Ocean Tasmania (ABN 78 450 648 233)(hereafter referred to as “Wild Ocean Tasmania”)is the owner, operator and licensor of the website at www.wildoceantasmania.com.au(“Website”) and the Scenic Tours offered, including those available on and through the Website (“Wild Ocean Tasmania Service”). Your rights to use the Website and Service (collectively the “Service”) are set out in this Privacy Policy (“Privacy Policy”) and in our Terms of Service (“Terms of Service”).

Our Terms of Service and our Privacy Policy are collectively referred to as the Agreement (“Agreement”).

Wild Ocean Tasmania provides this Privacy Policy to help you make an informed decision about whether to use or continue using the Wild Ocean Tasmania Website and/or the Service. If you do not agree to our practices, please do not use the Website or Service.

This Privacy Policy is subject to the Terms of Service. Your use of the Website and the Service and any Personal Data you provide on the Wild Ocean Tasmania Website or Service remains subject to the terms of this Agreement.

Capitalised terms defined in Wild Ocean Tasmania’s Terms of Service have the same meaning in this Privacy Policy.

We know how important security and privacy is to you. They are at the heart of Wild Ocean Tasmania and as such we strive to make things as safe and clear as possible for everyone involved.

This Privacy Policy sets out how Wild Ocean Tasmania (“we”) treat the privacy of those who use our Website and associated services and others with whom we interact.

Please take a moment to read this Privacy Policy so you understand how your Personal Data will be used.

Part A: Privacy Policy


1. Application

This Privacy Policy applies to all Personal Data processed by Wild Ocean Tasmania, including, but not limited to Personal Data and Billing Information submitted by Users through the Service.

This Privacy Policy does not apply to the practices of companies that Wild Ocean Tasmania does not own or control, or to individuals whom Wild Ocean Tasmania does not employ or manage, including any of the third parties to which Wild Ocean Tasmania may disclose user information as set forth in this Privacy Policy. 

2. Changes

From time to time we will review our Privacy Policy to keep pace with changes in our Service and any data protection and privacy laws applicable to the processing of Personal Data that we are committed to comply with, including: 

the Privacy Act 1988 (Cth, Australia);
(b) the Privacy Act 1993 (New Zealand); 
the Personal Data Protection and Electronic Documents Act, SC 2000, c5 (federal, Canada); 
the Personal Data Protection Act (Alberta, Canada); 
the Personal Data Protection Act (British Columbia, Canada); 
all applicable United States federal and state privacy laws, including, but not limited to, the California Online Privacy Protection Act (CalOPPA), Early Learning Personal Data Protection Act (ELPIPA); 
the General Data Protection Regulation (EU); 
the Data Protection Act 2018 (UK); 
any other applicable privacy legislation. 

(the above collectively referred to as “Data Protection Laws”)

This Privacy Policy is our most recently updated Privacy Policy. Your continued use of the Website and Service constitutes your agreement to this Privacy Policy and any amendments. We encourage you to read our Privacy Policy carefully.

3. Collection of Personal Data 

We may collect the following categories of Personal Data in in the following situations:

(a) Personal Data you voluntarily provide to us:

This includes Personal Data provided by the User directly (whether face-to-face, by telephone, email, booking forms, post, through social media or by communicating with us in any way), when you make an enquiry through our Website or over the phone or when you enter into a transaction with us by booking a boat tour through our booking system you are voluntarily giving us the Personal Data that we collect. 

Categories of Personal Data: The Personal Data we may collect includes your name, physical address, email address, pertinent medical information, feedback and suggestions for the Service, phone number and billing information.

(b) Our email marketing list: If you elect to sign up to our email marketing list, we may collect your name, email address, and email marketing preferences.

(c) Personal Data we collect automatically: When you use our Service or browse our Website, we may collect information about your usage and web browsing. We may collect the Personal Data as log files, or through cookies or other tracking technologies (see the “Cookies and tracking” below for more information), store it, and link it to the other Personal Data we hold about you.

Categories of Personal Data: The Personal Data we may collect includes your IP address, your operating system, your browser ID, time, date, your browsing activity, your interaction with the Service.

(e) Statistical information: We may collect statistical (non-personal) information about your use of the Website and the Service to improve the features and overall user experience. This may include statistical information such as pages accessed on the Website and the Service, search terms, links that are clicked on, Website and Service visit times, browsers and operating systems, IP address, and cookies.

(f) Cookies and tracking: We may use various technologies to collect and store information when you use our Service, and this may include using cookies and similar tracking technologies, such as pixels and web beacons. You may control the use of cookies at the individual browser level, however your use of the Website and Service may be affected.

The Website does not currently recognize Do Not Track (DNT) signals sent by our Users’ web browsers.

4. Use of Personal Data

We process Personal Data for the following purposes:

to respond to enquiries, feedback or complaints received from you;
to perform authorised financial transactions as part of the booking process;
to provide a personalised service;
to analyse and evaluate our User’s use of the Website;
to combate and prevent breaches of our Terms of Service, other user agreements, this Privacy Policy and our other policies;
for directly marketing to you (including by email, post, other means, or through functionality within the Service) with information about our Service;
on an aggregated non-identifiable basis, to: 

help Wild Ocean Tasmania understand its market position;
assist with marketing our Service to others, including in respect of any online advertising; and
deliver a statistical result to help with general Wild Ocean Tasmania announcements;

to protect our legal interests and fulfil our regulatory obligations (if and to the extent necessary);
in other circumstances, provided we comply with applicable Data Protection Laws.

5. Lawful Basis for Processing

Performance of a contract: You acknowledge and agree that the processing identified below is necessary for the performance of a contract to which the Personal Data is central.

(a) to manage and deliver the Service; and

(b) to manage any disputes (including disputes over invoices or delivery of Service).

Legitimate interests: In respect of all other processing of Personal Data detailed in this Privacy Policy (including direct marketing activities), such processing is necessary for the purposes of a legitimate interest pursued by Wild Ocean Tasmania, and we have assessed that such interests are not overridden by the interests or fundamental rights and freedoms of the persons to whom the Personal Data relates. You have the right to object to the way we process your Personal Data where the processing is based on legitimate interests. For more information see “Your Rights” section below.

6. Direct marketing

All those with whom we interact have the option to opt-out of receiving direct marketing communications from us. If you do not wish to continue to receive direct marketing communications from us and/or selected third parties, you should opt-out by clicking on the “unsubscribe” link in any email communications that we might send you.

Please note that some features of the Service may involve us providing, through the functionality within the Service, recommendations or suggestions for goods, services or benefits that we offer.

7. Retention and deletion of Personal Data

We will retain your Personal Data for as long as Wild Ocean Tasmania needs to provide you with our Service.

We take steps to regularly destroy Personal Data, however we may:

(a) in some cases, retain a copy of your Personal Data to comply with our legal obligations,resolve disputes, enforce our agreements and to comply with our trust and safety obligations. Personal Data retained for this purpose will be archived and stored in a secure manner and will not be accessed unless required for any of these reasons; and

(b) retain Personal Data in an aggregated, de-identified or otherwise anonymous form, such that there is no reliable way of identifying you from the information.

8. Disclosure of Personal Data

We will not sell Personal Data to anyone.

Wild Ocean Tasmania may at its discretion use other third parties to provide essential services on our website or for our business processes. We may share your details as necessary for the third party to provide that service.

We limit the information we provide to third parties to the information they need to help us provide or facilitate the provision of goods and services and associated purposes. We deal with third parties that are required to meet the privacy standards required by law in handling your Personal Data and use your Personal Data only for the purposes that we give it to them. 

The third parties we have dealings with include Rezdy, which is our booking platform provider. This provider has a PCI DSS security certificate. Details regarding the security of Rezdy can be found at https://www.rezdy.com/trust/. Details of the Rezdy privacy policy is available at https://www.rezdy.com/privacy-policy/. We may also use other third parties, including but not limited to, PayPal and Square, to process payments. Please refer to the relevant third party privacy policies in this regard.

9. Trans-border Personal Data flows

Wild Ocean Tasmania is a global service, based in Tasmania, Australia, Therefore, Wild Ocean Tasmania stores and processes the information gathered on servers located in other countries. 

Some of your personal information may be disclosed to overseas recipients. Where we transfer your personal information to related entities outside Australia, we believe that the recipients of such information are subject to a law, binding scheme or contract which effectively upholds principles for fair handling of the information that are similar in all material respects to the APPs outlined in the Privacy Act.

Please be advised that through your continued use of the Wild Ocean Tasmania Website and Service, which are governed by Tasmanian law, this Privacy Policy, and our Terms of Service, you are transferring your Personal Data to Australia and you expressly consent to that transfer and consent to be governed by Tasmanian law for these purposes.

10. Security of Personal Data

Personal Data stored in our system is protected by electronic and procedural safeguards. We take reasonable precautions to protect Personal Data (and other content) from accidental loss and theft by storing it in secure data centres. Communication between Users and our servers is encrypted via industry-standard secure sockets layer (SSL).

In relation to website security, the Website is protected with a SSL Certificate. An SSL certificate serves as a digital "passport" that allows data to be transmitted over secure networks — protecting financial and credit card transactions, signups, web access to mail, sensitive information and intranets. It authenticates and encrypts the data transferred through the Website to the server.

We take all reasonable steps to protect Personal Data, including through internal and external security, restricting access to Personal Data to those who have a need to know, maintaining technological products to prevent unauthorised computer access and regularly reviewing our technology to maintain security. We choose technology partners based on their security and privacy policies and practices.

Given internet transmissions cannot be guaranteed to be entirely secure, you acknowledge and agree that you use the Service at your own risk.

In case of a Security incident or any other breach of security safeguards, such as unauthorised disclosure of Personal Data under Wild Ocean Tasmania’s control, we will respond in accordance with applicable Data Protection Laws.

11. Your Rights

You may decline to submit Personal Data through the Website or the Service, in which case Wild Ocean Tasmania may not be able to provide certain services to you. If you do not agree with our Privacy Policy or Terms of Service, please discontinue use of the Service. Your continued usage of the Service will signify your assent to and acceptance of our Privacy Policy and Terms of Service. 

You have the right to:

(a) access and correct your Personal Data that is held by us at any time.

(b) request the erasure of any or all of your Personal Data;

(c) restrict or object to the processing of any or all of your Personal Data; and

(d) withdraw any consent to processing that you have previously given in respect of any or all of your Personal Data.

Please contact Wild Ocean Tasmania (see contact details at the end of this Privacy Policy) with any questions or comments about this Privacy Policy, your Personal Data, your consent, access, correction requirements, or your opt-in or opt-out choices. 

Please note that where we are not, or are no longer, in a position to identify you within the information we hold (including because of any de-identification techniques we may have employed), then your rights as described above shall not apply.

We will respond to any request made in respect of the above in accordance with the applicable Data Protection Laws.

We will respond to any request made in respect of the above without delay, but in any case within one (1) month of a request, or two (2) months where the requests are complex or numerous (in which case, we will inform you of such delay).

Part B: Your Responsibilities


12. Uploading and transferring other people’s Personal Data through the Service

By accessing and using the Service to upload and transfer other people’s Personal Data, you agree that you:

(a) Comply with all Data Protection Laws: will comply with your obligations under all applicable Data Protection Laws;

(b) Obtain consent: have obtained (or shall obtain) all consents necessary under Data Protection Laws, for Wild Ocean Tasmania to process the Personal Data through the Service as you direct, and that such consent is obtained from the correct person.

(c) Withdrawn consent or objection to processing: must notify us without undue delay if any User withdraws their consent, or any part of their consent, or objects to any processing of Personal Data through the Service. This shall include any withdrawal of consent.

(d) Security breach: upon becoming aware of a security incident, or any other breach, or suspected breach, of your security safeguards, must notify us without undue delay and shall provide timely information relating to the security incident as it becomes known or as is reasonably requested by us;

(e) Evaluation of the Service are responsible for reviewing the information made available by Wild Ocean Tasmania relating to data security and making an independent determination as to whether the Service meet your requirements and legal obligations under Data Protection Laws.

(f) Updates to Terms of Service and Privacy Policy: acknowledge that the Service is subject to technical progress and development and that Wild Ocean Tasmania may update or modify its Terms of Service and this Privacy Policy from time to time, and you agree to review the latest version of the Terms of Service and Privacy Policy from time to time.

13. Image Release

The User grantspermission to Wild Ocean Tasmania to use the Users image and likeness in photographs, videos, or other digital media (“photo”) in any and all of its publications, including web-based publications, without payment or other consideration. Furthermore, the User irrevocably authorizes Wild Ocean Tasmania to edit, alter, copy, exhibit, publish, or distribute these photos for the purpose of promoting the Service or for any other lawful purpose. In addition, the User waives any right to inspect or approve the finished product wherein the Users likeness appears. The photos will become the property of Wild Ocean Tasmania.

14. Questions and Comments

If you have any questions or comments, or want to access, update, or delete the Personal Data we hold about you, or have a privacy concern please write to us at:

The Privacy Officer
Wild Ocean Tasmania
165b Pirates Bay Drive
Eaglehawk Neck, Tasmania 7179
Australia

Phone: +61 (473) 770416
Email: info@wildoceantasmania.com.au

Please provide sufficient detail about the information in question to help us locate it. We will respond to any privacy request in compliance with the applicable Data Protection Law.

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Last updated: July 2018

By signing this waiver you confirm that you have read the terms of this Assumption of Risk, Waiver of Liability and Indemnity Agreement (“Waiver”) and understand and agree to them. Signing this waiver is the same as signing a contract or agreement.

I Agree

PARTICIPANT ASSUMPTION OF RISK, WAIVER OF LIABILITY AND INDEMNITY AGREEMENT

PARTICIPANTS: READ THIS DOCUMENT CAREFULLY BEFORE SIGNING. THIS DOCUMENT HAS LEGAL CONSEQUENCES AND WILL AFFECT YOUR LEGAL RIGHTS AND WILL LIMIT YOUR ABILITY TO BRING FUTURE LEGAL ACTIONS.

NOTE TO MINORS: IF YOU ARE UNDER THE AGE OF 18, YOU MAY ONLY ATTEND WILD OCEAN TASMANIA’S TOURS ACCOMPANIED BY AN ADULT. YOUR PARENT OR GUARDIAN MUST REVIEW AND AGREE TO THE TERMS BELOW IN ORDER FOR YOU TO PARTICIPATE.

NOTE TO PARENTS/GUARDIANS OF MINORS: YOU ACKNOWLEDGE THAT YOU HAVE REVIEWED, AND AGREED TO THE TERMS BELOW (SUCH TERMS BEING INTERPRETED AS IF THEY APPLIED TO BOTH YOU AND YOUR MINOR CHILD/WARD) AND HAVE THE LEGAL AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF YOUR MINOR CHILD/WARD.

Released Parties include: Damian Ian Connor trading as Wild Ocean Tasmania (ABN 78 450 648 233) (hereafter “Wild Ocean Tasmania”) and Wild Ocean Tasmania’s respective employees, agents, representatives, contractors and licensees.

Releasing Parties include: the participant, as well as participant’s spouse, children, parents, guardians, heirs, next of kin, and any legal or personal representatives, executors, administrators, successors and assigns, or anyone else who might claim or sue on participant’s behalf.

1. Tour Cancellation Policy

Wild Ocean Tasmanian tours are dependent on the weather. To ensure participants enjoy their experience and that the highest level of water safety are adhered to, the latest weather forecast will be checked 1-2 days prior to the tour departure date. All tours will be confirmed, via email/ text message or through an automated booking system message, 1-2 days prior to the boat tour departure. Wild Ocean Tasmania reserves the right to cancel departures at any time and will refund the full amount of any monies paid by participants.

We reserve the right to charge the following fees for cancellations by Releasing Parties:

a)  Cancellation within 24 hours of a tour – 100% fee

b)  Cancellation within 48 hours of a tour – 50% fee

c)  Cancellation beyond 48 hours of tour – No fee

2. Late Arrivals

Wild Ocean Tasmania tours commence promptly at the time and location specified in your booking confirmation. Participants that arrive late may be left behind.

3. Variation of Tours

Wild Ocean Tasmania reserves the right at any time to cancel or vary any trip. To the extent permissible at law, Wild Ocean Tasmania will not be liable to you or to any third party for any cancellation or variance of the Service.

4. Other Conditions of Use

Releasing Parties agree that they are solely responsible for their interaction with other participants during the tour. Releasing Parties agree that Wild Ocean Tasmania is not responsible or liable for the conduct of any participant. Wild Ocean Tasmania reserves the right, but has no obligation, to monitor or become involved in disputes between participants.

5. Participant Responsibilities

Releasing Parties agree that they:

a)  have a basic level of physical fitness sufficient to participate in the activities of the tour as described in the confirmation email and on the Wild Ocean Tasmania website; and

b)  will listen and follow any lawful instructions by the tour operator (i.e. Released Parties), including safety or emergency instructions.

6. Wild Ocean Tasmania’s Responsibilities

Released Parties agree that they will:

a)  regularly assess safety conditions including the weather, behaviour of wildlife and tolerances of equipment;

b)  have up-to-date knowledge of, and adhere to, industry standard boating safety procedures;

c)  provide adequate access to safety equipment, including life jackets, in the unlikely event that this equipment is required.

7. Warning of Assumption of Inherent Risks

The Releasing Parties acknowledge that Wild Ocean Tasmania’s tours carry with them inherent risks of injury (physical and / or mental). Inherent risks are risks that cannot be eliminated completely regardless of the care and precautions taken by Wild Ocean Tasmania.

The Releasing Parties understand and acknowledge that the inherent risks include, but are not limited to:

a) falls, tripping, contact or collision with persons or objects;
b) unpredictable water movements;
c) weather-related hazards including extreme heat or cold, humidity, rain, fog, lightening or wind;
d) the actions of wild sea creatures encountered;
e) the actions and behaviour of other participants attending the tour; And
f) any other risk that is out of the control Wild Ocean Tasmania or unreasonable to expect Wild Ocean Tasmania to counteract.

The Releasing Parties acknowledge that they understand that risks involved in Wild Ocean Tasmania’s tours could lead to injuries, including risks not specifically named, and that the Releasing Parties are participating in Wild Ocean Tasmania’s tours entirely at their own risk.

8. Waiver of Liability for Ordinary Negligence

To the extent permitted by law, the Releasing Parties agree that under this agreement Wild Ocean Tasmania and the other Released Parties shall be excluded from liability for ordinary negligence in the conduct of the Wild Ocean Tasmania and the application of any of the provisions of Subdivision B, Division 1, Part 3-2 of the Australian Consumer Law and further, the Released Parties shall be excluded from liability under any civil liability or consumer law applicable to the State of Tasmania subject to the exception that this exclusion of liability will not apply in circumstances where the conduct of Wild Ocean Tasmania or any of the Released Parties is reckless.

In consideration of being permitted to participate in a Wild Ocean Tasmania tour, to the extent permitted by law, the Releasing Parties waive, release, covenant not to sue Wild Ocean Tasmania and the other Released Parties from any and all claims, actions, suits, demands, losses and other liabilities in relation to any of death, physical or mental injury, the contraction, aggravation or acceleration of a disease or the coming into existence, aggravation, acceleration or occurrence of any other condition, circumstance, activity, form of behaviour, course of conduct or state of affairs in relation to an individual that is or may be harmful or disadvantageous to the Releasing Parties (and/or participating minor child/ward) or the community or that may result in harm or disadvantage to the Releasing Parties (and/or my participating minor child/ward) or the community resulting from the INHERENT RISKS of the Wild Ocean Tasmania tours or the ORDINARY NEGLIGENCE of Wild Ocean Tasmania (or other Released Parties) that the Releasing Parties (and/or participating minor child/ ward) may have arising out of the Releasing Parties participation in a Wild Ocean Tasmania tour. This Waiver does not apply if the exclusion, restriction or modification would apply to significant personal injury suffered by a person that is caused by the reckless conduct of Wild Ocean Tasmania or a Released Party.

9. Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of Tasmania, and the parties submit to the exclusive jurisdiction of the Tasmanian courts for any matter arising under or relating to this Agreement.

10. Mediation and Arbitration

In the event of a legal issue, the Releasing Parties agree to engage in good faith efforts to mediate any dispute that might arise. Any agreement reached will be formalized by a written contractual agreement at that time. Should the issue not be resolved by mediation within sixty (60) days of Wild Ocean Tasmania being notified by the Releasing Parties of such issue, the Releasing Parties agree that all disputes, controversies, or claims arising out of my participation in a Wild Ocean Tasmania tour shall be submitted to binding arbitration. The seat of arbitration shall be Tasmania, Australia. The language of the arbitration shall be English and the number of arbitrators shall be one (1). The cost of such action shall be shared equally by the parties.

11. Severability

I understand and agree that this Waiver is intended to be as broad and inclusive as is permitted by the law of Tasmania and that if any provision shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be severed from this Agreement and does not affect the validity and enforceability of any remaining provisions. Furthermore, notwithstanding anything to the contrary contained within this Agreement, this Agreement will not be read or applied so as to purport to exclude, restrict or modify or have the effect of excluding, restricting or modifying the application in relation to the supply of any services pursuant to this Agreement of any provision of any Act of the Commonwealth of Australia or of the State of Tasmania which by law cannot be excluded, restricted or modified.

Today's Date: September 20, 2018

First Participant's Name

First Name*

Last Name*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email*

Confirm Email*
Check to receive information, news, and discounts by e-mail.
Emergency Contact

Emergency Contact's Name*

Emergency Contact's Phone Number*
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*

Relationship*
Parent or Guardian's Date of Birth*
Parent or Guardian's Signature*
Electronic Signature Consent*
By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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