Exemption from restricted trading days application - privacy collection notice

Who we are 

Your information is being collected by the Department of Customer Service (the Department) on behalf of the Commissioner for NSW Fair Trading. NSW Fair Trading gives priority to protecting the privacy of your personal information, in accordance with the Privacy and Personal Information Protection Act 1998 (PPIP Act).  

If you have any questions about this document, or how we handle your personal information, you can contact our Privacy team using the contact details at the end of this notice. 

Why we collect your personal information 

NSW Fair Trading is collecting your personal information for the purpose of assessing your application for an exemption for retail shop trading under the Retail Trading Act 2008. 

The kinds of information we collect 

We may collect the following information: 

• The name of the applicant
• The full name, title or role and contact details (email and phone number) for the contact person lodging this form
• Details as to the background and reason for seeking an exemption, what exemption/s you are seeking and any additional considerations/supporting documents
• Additional personal information if it is required to satisfy the eligibility requirements for the exemption(s).

Failure to provide information 

Your information is provided voluntarily however if you choose not to provide your information, we may be unable to process your application. 

How we may use this information 

We may use the information we collect in the following ways: 

• To assess your application for an exemption in accordance with Part 3 or Part 3A of the Retail Trading Act 2008.
• Internal administrative purposes, including administering and updating your exemption, liaising with you in relation to your application, and in relation to compliance, investigations, and enforcement of the Retail Trading Act 2008 or the Fair Trading Act 1987
• To publish this application on the NSW Fair Trading website for 14 days for public comment as required by section 11(4) of the Retail Trading Act 2008. Fair Trading may discuss a public comment submission received from an authority. 
  In accordance with section 11A of the Act, the order and reasons for the decision to make or not grant a retail shop sought exemption will also be published. Please note personal information of the person completing the application will be redacted prior to publication.
• To support more informed policy making, program management, evaluation, research, and service planning as it can facilitate more efficient service delivery for residents and business in NSW.
• Other directly related purposes. 

Who we may share your information with 

If required, we may make enquiries and exchange information with other NSW government agencies (including the NSW Police Force), or local councils, other States, Territories and/or the Commonwealth or the relevant industry for the purpose of assessing your application, your ongoing eligibility to hold an exemption and for compliance purposes. We may disclose your personal information to such bodies for these purposes. 

Where you are applying for a retail shop exemption, your application will be published on the NSW Fair Trading website for 14 days for public comment as required by section 11(4) of the Retail Trading Act 2008. Fair Trading may discuss a public comment submission received from an authority. 

In accordance with section 11A of the Act, the order and reasons for the decision to make or not grant a retail shop sought exemption will also be published. Please note personal information of the person completing the application will be redacted prior to publication. 

We will not disclose your information to anybody unless we are authorised or permitted to do so by law or where you have given consent. Our Privacy Statement describes when this may occur. 

Protecting your information 

We will store and manage your personal information and health information in accordance with the provisions under the PPIP Act.  We have measures in place to help protect your personal information from loss, unauthorised access, use, modification, disclosure, or other misuse.

We will only keep information for as long as we need it to fulfil the purposes, we collected it for. After which, the information will be disposed of securely in accordance with the State Records Act 1998 and any other applicable legislation. 

See our Privacy Management Plan for more information about how we handle your personal information. 

Your rights 

Subject to certain conditions, you have the following rights in relation to your personal information: 

• the right to request access to your personal information
• the right to request correction of your personal information. 

If you wish to invoke any of the above rights, please contact us using the details below.