Cancellation, Indemity & Privacy Policy

The bits you need to know

Cancellation Policy - Individual Bookings

See Private Hire/Bus Charter Cancellation Policy

SUNSET OR ECO TOUR BOOKING CANCELLATIONS:

Unfortunately you will not be able to join the tour if you are unwell. This is a remote area tour with no access to toilets, or fresh water, so if you are unwell, we request that you contact us as soon as possible, we will offer you options of a refund or transfer your booking to a suitable date.

If YOU cancel
We understand that unforeseen circumstances happen, and that may mean you have to change or cancel your tour. Please phone us as soon as possible on 0413 809 765.

The following fees apply if there is a "no show" or if you give us minimal notice:

Less than 24 hours notice or a "no show": You will be charged the full fare.
Within 2 days/48 hours of your booked tour: A 20% fee may be deducted from your payment if seats cannot be resold.

If WE cancel due to weather conditions
Your comfort and safety is our priority. In extreme weather conditions (or for foreseen circumstances), we may need to cancel a tour. If a scheduled tour is cancelled we will transfer your booking to another day, or you will be given a full refund.

Cancellation Policy - Private Bus Hire/Charters

This is a remote area tour with no access to toilets, or fresh water.
If YOU cancel
We understand that unforeseen circumstances happen, and that may mean you have to change or cancel your booking. Please phone us as soon as possible on 0413 809 765.

The following fees apply if you cancel your private bus hire/charter or if you give us minimal notice:

Less than 48 hours notice: You will be charged the full amount.
Within 5 days prior: A 30% fee will be deducted from your payment.
7-5 days prior: A 15% fee will be deducted from your payment.
Up to 7 days prior: We will refund you the full amount if you need to cancel your private bus hire/charter.

Bus Hire/Charter Cancellations

Indemity

By booking a tour or hire/charter, the following indemnity statement is automatically agreed to by each person participating on a MI Ride Discovery Tours or MI Ride Bus Charters experience (the “Event”). If the person is less than 18 years old, consent from a parent or guardian will be needed on their behalf.

This statement contains a release of liability clause. Please read it carefully and agree to it only after you are satisfied that you understand and accept all the terms and conditions.

I hereby agree to participate in the Event(s) conducted by MI Ride. In so participating I acknowledge and agree that:
1. ‘Provider’ referred to in this document is MI Ride Discovery Tours or MI Ride Bus Charters and includes where the context permits all directors, employees, volunteers, representatives, agents and all bodies involved in running the Event. “Claim” means and includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense however arising including but not only limited to negligence.

2. My participation in the Event will be subject to my complying with this declaration and any reasonable direction issued by the Provider or its representatives. I agree to abide by all the instructions given, rules and regulations governing the Event.

3. Warning: The Event, in addition to usual dangers and risks inherent, has certain additional dangers and risks, some of which include:
• rugged terrain and wilderness;
• physical exertion for which I may not be prepared;
• weather extremes subject to sudden and unexpected change;
• remoteness to normal medical services; and
• evacuation difficulties.

I acknowledge that I will be participating in activities that potentially carry the risk of harm of personal injury or death. My presence at and participation in this Event will be entirely at my own risk.

4. Exclusion of Liability: I acknowledge that where I am a consumer of recreational services, as defined by any relevant law, certain terms and rights usually implied into a contract for the supply of goods or services may be excluded. I acknowledge that these implied terms and rights and any liability of the Provider flowing from them, are expressly excluded to the extent possible by law, by this declaration.

5. Release and Indemnity: In consideration of the Provider accepting my participation in the Event, I:
(a) release and will release the Provider from all Claims that I may have or may have had but for this release arising from or in connection with my participation in the Event; and
(b) indemnify and will keep indemnified the Provider to the extent permitted by law in respect of any Claim by any person arising as a result of or in connection with my participation in the Event.

6. Fitness to Participate: I declare that I am medically and physically fit and able to participate in the Event. I will immediately notify the Provider (in writing prior to the Event and in person during the Event) of any change to my medical condition, fitness or ability to participate. I understand and accept that the Provider will continue to rely upon this declaration as evidence of my fitness and ability to participate.

7. Rescue, First Aid & Medical Treatment: I consent to receiving any rescue assistance, first aid and medical treatment that the Provider or authorised representatives consider necessary or desirable during the Event. I will accept the assistance, first aid and/or medical treatment from the Provider or authorised representatives. I agree to reimburse the Provider for any costs or expenses incurred by it in providing me with rescue assistance, first aid or medical treatment, including evacuation. I consent to the hospital/ doctor report(s) relating to any medical attention received being given to the Provider.

8. Right to use image: I acknowledge and consent to photographs and electronic images being taken of me during my participation in the Event. I acknowledge that such photographs and images are owned by the Provider and they may use the photographs for promotional or other purposes without my further consent being obtained. Further, I consent to the Provider using my name, statements or otherwise at any time by any form of media, without payment or compensation.

9. Prevailing conditions: I acknowledge and agree that the Event can and will be affected by the weather and that the weather conditions may change without warning. I understand that the Provider may need to cancel, halt, delay or re-route the Event in response to hazards including extremes of weather, fire, flood or path instability. Where possible the Provider will attempt to preserve the nature of the Event. I accept that if the Event is cancelled for any reason whatever, my fees may not be refunded.
I have provided the information required. In voluntarily ticking the box, I covenant and warrant that (a) all information provided is true and correct; and (b) I have read, understood, acknowledge and agree to the above declaration including but not only the warning, exclusion of liability, release and indemnity.

Privacy Policy

If you do not agree with this Policy, please do not access or use our services or interact with any other aspect of the miride.com.au or MI Ride.

Scope
MI Ride recognises the importance of your privacy rights, and in turn, the importance of being transparent about how we collect, use, and share information about you, and demonstrates this by complying with the Privacy Act 1988 (Cth) (Privacy Act), the Spam Act 2003 (Cth), and other applicable privacy and data protection laws such as the European Union General and Data Protection Regulations (GDPR).

With regard to GDPR, it applies to the data processing activities of MI Ride in the European Union, and offers goods and services or monitors the behaviour of individuals in the European Union – via our website and social services.

This Policy is intended to help you understand:
A. What information we collect about you
B. How we collect information about you
C. How we use and discloses information about you
D. How we transfer information we collect internationally
E. How we store and secure information we collect
F. How to access and control your information
G. Contact us

This Policy applies to all external parties, namely, “you” – e.g. visitors to the MI Ride website and social media pages, subscribers to MI Ride marketing materials, and any other individual whose personal information may be collected, stored and used by MI Ride or its partners. This Policy also applies to the MI Ride’s management of personal information (in Australia and internationally).

This Policy also covers the information we collect about you when you use our services, or otherwise interact with MI Ride unless a different privacy policy is displayed. This Policy also explains your choices about how we use information about you. Your choices include how you can object to certain uses of information about you and how you can access and update certain information about you. If you do not agree with this Policy, do not access or use our Services or interact with any other aspect of MI Ride

When we refer to “MI Ride,” "we," or "us" in this Policy, we mean MI Ride, whose registered office is at 43 Picnic Street, Picnic Bay, Magnetic Island QLD 4819, Australia, which controls the information the MI Ride collects when you use the Services. We own and operate a number of social media pages, newsletters, and marketing materials available, (collectively the “Services”).

A. What information MI Ride collects about you
The types of information that MI Ride collects will depend on the nature of your dealings with the MI Ride and its Services and may include your name, contact details, photographic information, your views and opinions about MI Ride services, and travel information. In particular:

If you are a traveller or tourist who registers to receive e-newsletters from MI Ride or registers to create an account on the MI Ride website through email, Facebook or Google to customise your web experience, your name, address, email address, age group and information about what type of holiday you are looking for will be collected. This is so MI Ride can provide you with material likely to be of interest to you.
If you deal with MI Ride in the course of business, MI Ride will generally collect only your business contact details (so MI Ride can communicate with you for normal business purposes).
MI Ride also collects personal information about its employees (including job applicants) and contractors (personnel records).
If you make a complaint, MI Ride will generally collect your name, address or email address and details about the complaint.

MI Ride will ensure that any Personal Information collected is relevant to MI Ride’s purpose (as detailed in section B below), is accurate, complete and up-to-date. MI Ride will collect information directly from you, unless it is reasonably impracticable to do so.

B. How MI Ride collects information about you
MI Ride collects your information only for a lawful purpose, which is reasonably necessary for or directly related to MI Ride functions under the Tourism Australia Act 2004 (Cth).

MI Ride conducts a large part of its operations over the Internet and via email. We collect information about you when you provide it to us when you use our Services, and when other sources provide it to us, as further described below.

Account and Profile Information We collect information about you when you register for an account, create or modify your profile, set preferences through the Services (including when you register for an account via third parties such Facebook and Google). For example, you provide your contact information and, in some cases, billing information when you register for the Services. You also have the option of adding a profile photo, bio, and other details to your profile information to be displayed in our Services. We keep track of your preferences when you select settings within the Services.
MI Ride Website and Social Media:  The Services also include our website owned or operated by us. We collect other content that you submit to this website, which include social media or social networking websites operated by us. For example, you provide content to us when you:
◦ Subscribe to a newsletter or register to receive brochures (e.g. through the MI Ride website);
◦ Enter a promotion or competition, including at a MI Ride event or through the MI Ride website;

If you use the MI Ride website information is recorded about your visit for web personalisation, research and statistical and reporting purposes as well as to allow MI Ride to improve its websites and services. MI Ride also uses cookies and session tools to improve your experience when visiting its sites. The information collected may include your IP address, the referring site and the pages visited on the MI Ride site. IP addresses are logged to track a user's session while the user remains anonymous. MI Ride analyses this data for certain trends and statistics, such as which parts of the MI Ride website users are visiting and how long they spend there. In general, you can browse the MI Ride website without telling MI Ride who you are or revealing any personal information about yourself.

However, there are times when MI Ride may need to collect your personal information. For instance, if you register to receive MI Ride publications or to attend an event, MI Ride will need to collect some personal information from you for this purpose. In this case, MI Ride will provide notice and seek your permission to send you further electronic communications, and for your personal information to be stored in its databases. If at any time after submitting your personal information to MI Ride you would no longer like to receive information, simply follow the "unsubscribe" directions at the end of any email communications you receive, or contact MI Ride using the contact details listed at the end of this Policy. No attempt will be made by MI Ride to identify website users or their browsing activities except in the unlikely event of an investigation where a law enforcement agency may exercise a warrant to inspect server logs. The statistics and log files may be preserved indefinitely and used at any time and in any way necessary to prevent security breaches and to ensure the integrity of the information supplied by the MI Ride. Where you use MI Ride’s social media pages (such as Facebook or Instagram) MI Ride will not collect any personal information about you without your consent.

Payment information  We collect certain payment and billing information when you register for certain MI Ride tours. For example, we ask you to designate a billing representative, including name and contact information, upon registration. You might also provide payment information, such as payment card details, which we collect via secure payment processing services.
Business Dealings  If you deal with MI Ride in the course of business, we will generally collect only your business contact details which we use to communicate with you for normal business purposes (whether as job applicant, as an employee of one of MI Ride’s external service providers, if you work for a government agency MI Ride deals with, in the context of a transaction, or if you volunteer personal information to the MI Ride).
Enquiries and complaints  When you make an enquiry or complaint with MI Ride including by phone, letter, email, face-to-face or online, MI Ride will generally collect your name, address or email address and details about the complaint.
Employee information  We also collect personal information about MI Ride’s employees (including job applicants) and contractors (personnel records).
Cookies and Other Tracking Technologies  MI Ride and our third-party partners, such as our advertising and analytics partners, use cookies and other tracking technologies (e.g. pixels) to provide functionality and to recognize you across different Services and devices. Some MI Ride webpages use cookies which are small files that may be placed on your hard disk for record keeping purposes. A cookie helps MI Ride remember who you are and can make your subsequent visits to the webpage simpler and more seamless. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether or not to accept it. However, by not accepting cookies, some webpages may not display properly or you may not be permitted to access certain information. Cookies are important for the MI Ride website and are used to provide the best possible online experience. By continuing to use the websites you are consenting to their use.
Adobe Device Co-Op  MI Ride participates in the Adobe Experience Cloud Device Co-op to better understand how you use our website and apps across the various devices you use, and to deliver tailored promotions. To learn more please refer to the relevant website about how Adobe does this.
The provision of your personal information on MI Ride’s website is voluntary and you can opt out at any time. However, if you choose not to provide your personal information we may not be able to forward the material that you are requesting or provide you with one of the numerous services available through the MI Ride website.

Where it is practicable, you may choose to remain anonymous or adopt a pseudonym when dealing with MI Ride.

C. How MI Ride uses and discloses information about you
MI Ride will only use and disclose personal information for the purpose for which it was collected, or otherwise in accordance with the applicable privacy and data protection laws and regulations. For example, if you register on the MI Ride website to receive information about travelling to Australia, MI Ride will use your name and email address to send you this information. Other examples include use or disclosure for the purpose of:
• Providing you with the publications or services you have requested;
• Marketing communications;
• Complaint handling;
• Research and forecasting;
• Employment purposes; and,
• Performing specific statutory or administrative functions, for example responding to a request under the Freedom of Information Act 1982 (Cth) or under the Privacy Act 1988 (Cth).

Examples of third parties MI Ride may disclose your personal information to include state and territory tourism authorities in the course of conducting trade events, external service providers such as IT consultants, professional advisers, Commonwealth ministers, or business partners with whom MI Ride has a formal contractual relationship.

If MI Ride obtains a participant’s consent, personal information about them may be disclosed to organisations involved in the Australian tourism industry such as airlines, hotels, tour operators and product suppliers.
MI Ride will not use or disclose personal information for a purpose other than that for which it was collected unless:
• Your consent is obtained;
• MI Ride is required to, or authorised by the law or a court or tribunal order; or
• Otherwise in accordance with the applicable privacy and data protection laws.

To the extent permitted under the law, MI Ride may also use or disclose your personal information for a secondary purpose related to, or directly related to, the purpose of collection where you would reasonably expect that your information would be used for this other purpose. These secondary purposes may include activities such as public education or quality assurance.

At or before the time MI Ride collects your personal information (or as soon as practical afterwards), MI Ride will take such steps as are reasonable in the circumstances to provide you with a collection notice containing the following information setting out, among other things, the purpose of collection.

D. How MI Ride transfers information we collect internationally
It is possible that MI Ride will disclose your personal information overseas as part of its marketing functions. Countries in which recipients are likely to be located include the USA, United Kingdom, China, Japan, Korea, Singapore, Malaysia, India, Indonesia, Germany and New Zealand.

MI Ride does not disclose your personal information to any overseas recipient unless one of the following applies:
• The recipient is subject to a law or binding scheme substantially similar to the Australian Privacy Principles, including mechanisms for enforcement.
• You have consented to the disclosure after being expressly informed that MI Ride will not be taking reasonable steps to ensure that the overseas recipient does not breach the applicable privacy and data protection laws.
• It is required or authorised by law.
• It is required or authorised by an international agreement relating to information sharing to which Australia is a party.
• It is reasonably necessary for an enforcement related activity conducted by, or on behalf of, an enforcement body and the recipient performs similar functions.
• An exception applies under the law (for example, the Privacy Act applies such as those contained in Australian Privacy Principle 8 of the Schedule 1 of the Privacy Amendment (Enhancing Privacy Protection) Act 2012).

E. How MI Ride stores and secures information we collect
MI Ride takes security of personal information seriously and has implemented a range of physical and electronic security measures to protect your personal information from unauthorised access, use, modification, disclosure or misuse including the implementation of firewalls.
Electronic records of personal information collected by MI Ride are stored in databases that are hosted on Wix.com servers. In each case, MI Ride’s IT systems are protected by appropriate Wix.com security measures.

The MI Ride Website
MI Ride strives to ensure the security, integrity and privacy of personal information submitted to its website, and periodically updates its security measures in light of current technologies. You need to be aware of inherent risks associated with the transmission of information via the Internet. MI Ride cannot guarantee or warrant the security of any personal information you submit to its websites. If you have concerns in this regard, MI Ride has other ways of obtaining and providing information. Postal services and phone facilities are available.

The MI Ride website may also be linked to websites operated by third parties. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship, endorsement or approval of these websites. Visitors to those websites should refer to their separate privacy policies and practices, e.g. Google Analytics and Adobe packages.

MI Ride Staff
MI Ride also requires its staff to ensure that digital paper records containing personal information are stored securely. MI Ride ’s employees are bound by confidentiality obligations as a condition of their employment, and this extends to ensuring that personal information collected by MI Ride is kept confidential.

F. How to access and control your information
Australian Privacy Act
Under the Privacy Act, you have the right to seek access to the records of personal information that MI Ride holds about you. You also have the right to ask MI Ride to alter your personal information if you think the information is inaccurate, out-of-date, incomplete, irrelevant or misleading.

If you wish to access or correct your personal information that MI Ride holds, please submit a written request setting out what information you wish to access or correct, your name and a mailing/email address to the Privacy Officer, using the contact details set out at the end of this Policy. MI Ride may require you to verify your identity. MI Ride will respond to your request within 30 days.

If MI Ride refuses to provide you with access to your personal information or to correct that information as you request, it will provide you with reasons for that refusal and information about how to make a complaint is set out below.

If MI Ride refuses to correct your personal information, IT will take reasonable steps to associate a statement with your personal information that you consider the information to be inaccurate.
You may also request access to and seek correction of personal information under the Freedom of Information Act 1982 (Cth).

EU GDPR
Under the EU General Data Protection Regulation (EU GDPR), EU residents may exercise their data subjects rights – for example:
• Right of Access
• Right of Erasure
• Right to Rectification
• Right to Object
If you wish to exercise these rights, you may submit a written request using the contact details set out in this Policy.

Managing your account and subscription
If you wish to delete your registered account or unsubscribe to MI Ride communications such as newsletters, publications, and event invitations, you may do so by contacting using the contact details set out in this Policy. To ensure we have the correct information, please include your registered email address, first name and last name, and requested change. For example:

Email: janedoe@email.com 
First and last name: Jane Doe 
Requested Change: Please delete my the Magnetic Island Guide account.
We will endeavour to reply to your email request within 30 business days.

Complaints
If you wish to complain about how MI Ride manages personal information, you should submit a written complaint by post or email using the contact details set out in this Policy. MI Ride will endeavour to respond to your complaint within 30 days.

If you are not satisfied with MI Ride’s response, you may make a written complaint to the Office of the Australian Information Commissioner. If you make a complaint directly to the Privacy Commissioner the Commissioner will likely recommend that you try to resolve the complaint directly with MI Ride in the first instance.

For more information about the Australian Information Commissioner or the Privacy Commissioner, you can visit the Office of the Australian Information Commissioner’s website (www.oaic.gov.au) or phone 1300 363 992 (local call charge).

G. Contact us
If you have any queries in connection with this Policy, please contact the following:
The Privacy Officer
• By email: info@miride.com.au
• By post: 43 Picnic Street, Picnic Bay QLD 4819
• By phone: +61 413 809 765