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PRIVACY STATEMENT / POLICY
This Privacy Statement / Policy applies to the collection of Personal Information by or on behalf of Nightcruiser and all other members of the Show World group of businesses.
On some occasions we may conduct a promotion or other activity which has its own specific Privacy Statement or Policy. In this case, notice of that policy will be provided at the time any Personal Information is sought and that policy will apply to that promotion or activity and will override this policy to the extent of any inconsistency.
Nightcruiser and it's related businesses operate a number of entertainment and leisure related activities throughout Australia. Through our varied operations, we gather information for a variety of reasons, for example to enable us to improve the nature of the services we provide and to facilitate the running of various competitions, advertising campaigns and allowing us to improved our entertainment related tours, shows and services.
We collect personal information from you in various ways, for example, when you make enquiries, bookings, enter competitions, advertise with us, supply goods or services to us or send us your comments or other correspondence. For the purposes of this Privacy Statement / Policy all parties we deal with are referred to as “Individuals”. The personal information we collect from you may include your contact details, buying habits, opinions, product preferences, transactional details or other information which may lead you to be identified (herein referred to as “PI”).
We are committed to the protection of PI in a manner which is fair and unobtrusive. We meet the standards set out in the Privacy Act 1988 (Commonwealth) (“the Act”) and the National Privacy Principles (“NPPs”) regarding the way in which we will collect, hold, use and disclose PI and respond to your requests to access and/or correct it. This policy sets out how we handle your PI and the rights and obligations that we both have in relation to that information.
In accordance with the NPPs, you may deal with us on an anonymous basis where practical. However, as a provider of a wide range of services, we find that it is often necessary to collect PI from you during the course of transactions, for example, to facilitate the running of a competition.
Wherever practical, we will obtain your express consent when collecting PI. In some situations, we will interpret your actions as indicating your consent to the collection of PI. For example, this may occur when you have provided PI for a particular purpose and that purpose cannot be achieved without using your PI.
WHY WE COLLECT PERSONAL INFORMATION
We collect PI for a number of reasons, including:
• to provide you with our products or services;
• to administer our relationship with you;
• to facilitate the running of trade promotions and other competitions (see below);
• to facilitate the running of listener loyalty programs such as the Freq Club;
• to monitor activity on our websites, for the purpose of maintaining the security of those websites;
• to compile Individual and listener databases to enable us to market goods and services more accurately;
• to provide advertisers with information to assist them in their decision making processes and marketing of goods and services;
• for internal administrative purposes, such as procedural assessments, risk management, staff training, accounting, billing and product and service reviews; and
• to identify and inform you about other products or services that may be of interest to you.
If our relationship with you is not solely one of broadcaster-listener, we may use your information in other ways, for example, to assess goods or services that you supply or to pay your account.
Depending on the nature of the competition or offer, we will ask for your personal details such as your name, address, email address, age, telephone number/s and/or gender. Sometimes in relation to a particular competition we may also seek additional information.
CONSEQUENCES OF NOT PROVIDING ALL REQUIRED INFORMATION
We may not be able to provide a complete service to you if PI is not provided upon request. For example, providing incomplete information could render a competition entry invalid.
HOW WE COLLECT PERSONAL INFORMATION
We primarily collect PI directly from you through written and/or verbal means of communication. However, PI may be collected in a variety of ways, including:
• competition entry forms;
• application forms;
• participation in the Freq Club or other listener loyalty programs;
• posted mail;
• websites (including in some instances cookies);
• online transactions;
• networking functions (eg business cards);
• in person;
• over the telephone;
• credit card details via credit card purchases;
• public surveys;
• employee applications and surveys;
• business contacts (eg contractual documents);
• information collected from third parties (eg marketing databases);
• information collected from public sources (eg telephone directories); and
• other forms of written and verbal communication.
THE TYPE OF INFORMATION WE HOLD ABOUT YOU
We only hold information about you that is relevant to our relationship with you. Generally, the PI we hold will include (where relevant) your name, contact details, membership/card/account number/s, records of correspondence, subscription and payment details, type of business and billing statements.
If our relationship with you is not solely one of broadcaster-listener, we may collect other information that we consider necessary in the circumstances, such as the nature of the products or services that you supply, quotes that you provide, your credit details and, if you are a non-profit organisation that we have agreed to assist, how you make use of the products or services that we provide you.
Sensitive information includes information about your race or ethnic origins, political opinions, religious or philosophical beliefs, trade union membership, or details of health, disability or sexual activity or orientation. We rarely ask for sensitive information, but may do so occasionally as part of competition, promotion or survey, for example. We will not ask for sensitive information unless:
• you have consented;
• the collection of the information is specifically authorised by law;
• the collection is necessary to lessen a serious or imminent threat to the health or safety or any person; or
• the collection of the information is necessary for the establishment, exercise or defence of a legal claim.
HOW WE HOLD YOUR PERSONAL INFORMATION
Depending on the circumstances, we may hold PI in hardcopy or electronic form, or both. Generally, we keep hardcopies of all correspondence that we enter into and maintain details about Individuals that we interact with in our electronic database/s.
HOW WE SECURE YOUR PERSONAL INFORMATION
We hold all hardcopy and electronic records of PI in a secure manner to ensure that it is protected from loss, misuse, unauthorised access, modification or disclosure. PI held in hardcopy form is, wherever practical, kept under lock and key. Pl held in electronic form is, wherever practical, password protected and/or encrypted.
Our staff follows strict information handling procedures and only those whose tasks require use of your information are able to access it.
We regularly de-identify and/or destroy PI in a secure manner, for example by using shredding machines and/or secure disposal units, once it is no longer needed or required to be kept by law.
Where possible and practical, we endeavour to comply with recognised Australian and international standards relating to information security.
USE AND DISCLOSURE OF PERSONAL INFORMATION
We will only disclose your PI in certain, limited circumstances.
In general, only our officers, employees or contractors who require the information in order to perform their functions may access PI.
We will only disclose PI to parties other than our officers, employees and contractors where:
• that disclosure is required to give effect to the purpose/s for which we collected the PI, for example, to provide you with a service you have requested, and we believe that you would reasonably expect us to use the information; or
• you have consented to that disclosure; or
• we believe that the disclosure may lessen a risk of harm to the health or safety of any person; or
• we believe that the disclosure is required to protect our rights or property or any other user of our services; or
• we believe an unlawful activity is being undertaken and the PI is disclosed as part of our investigation into or reporting of suspected unlawful activity; or
• we are required by law to disclose the PI; or
• the disclosure is required for the investigation of a possible breach or enforcement of a criminal law or a law imposing a pecuniary penalty, or for the protection of public revenue.
Generally, disclosure of PI will only be made for a purpose that is directly related to the product or service that we are providing you. This may include disclosure to organisations that provide us with professional advice, such as solicitors and accountants, and to contractors to whom we outsource functions, such as mailing houses, collators, electronic network administrators or debt collection agencies. However, where possible, we take contractual measures and, in all other circumstances, all reasonable measures with our contractors to ensure that they comply with the standards set out in the Act and the NPPs. Where practicable and appropriate, we require our contractors to perform their work in-house and do not permit them to disclose PI that we have disclosed to them to their sub-contractors (if any).
The only other circumstances in which disclosure of PI may occur are those which are expressly permitted under the Act. For example, where the disclosure takes place with your consent or where we are legally required to disclose the information, such as under a court order or Australian taxation laws.
Overseas Transfers of Information
We will only transfer your Personal Information overseas if the transfer is to yourself, to one of your authorised representatives, or with your express consent.
If obtaining your consent is not practical, then the information may still be transferred if, as part of the agreement for the transfer of that information, the other organisation agrees to comply with the privacy obligation we owe to you.
The demographic make-up of our database is researched on an aggregated basis to see how successfully we are reaching our target audience and providing services and items of interest to them.
We will not sell your name or contact details to a third party without your permission, but we may provide advertisers with general information concerning, for example, the demographic make-up of our listener base and/or traffic to our website. This information does not enable you to be identified as it is aggregated.
Advertisers or sponsors on our websites may collect information when you view or click on their advertisements. We do not have any control over this data collection.
YOUR RIGHT OF ACCESS
You may request access to your PI at any time by written request to Nightcruiser's Privacy Officer by mail at P.O. Box 100 Dianella WA 6059, or by email to firstname.lastname@example.org
We may impose a reasonable charge for providing access to Personal Information in accordance with the Act.
When we may withhold access to PI
Access to PI may be withheld in several circumstances, including where:
• providing access would pose a serious and imminent threat to the life or health of any person;
• providing access would have an unreasonable impact on the privacy of others;
• the information is subject to confidentiality where the person who provided the information to us did so expressly on the condition that it remain confidential;
• the request is vexatious or frivolous;
• the information relates to current or anticipated legal proceedings between Nightcruiser and the person and the information would not be required to be discovered to a court;
• we are in commercial negotiations with the person and the information would reveal our intentions or otherwise prejudice those negotiations;
• providing access would reveal information relating to our commercially sensitive decision making processes;
• providing access would be unlawful or we are required by law to withhold access; or
• providing access could prejudice the investigation, detection or prosecution by Nightcruiser or by a government body of possible unlawful activity or serious or improper misconduct, or is likely to cause damage to the security of Australia.
Where we are unable to provide you with access to PI, we will provide written reasons and may instead, at our discretion, choose to give you a summary of that information. We may also consider, at our discretion, whether the provision of access to an independent third party will meet both of our requirements.
YOU MAY CORRECT YOUR PERSONAL INFORMATION
We regularly monitor the quality and accuracy of PI that we maintain and, where practicable, update that information. In addition, you may request that your PI be updated at any time.
If your PI is out-of-date or otherwise incorrect, please contact Nightcruiser's Privacy Officer with your written advice regarding the inaccuracy of the information and we will endeavour to correct it for you wherever possible.
In the unlikely event that we disagree about the accuracy of the information such that we are unable to change it, you may provide us with a statement that you dispute its accuracy and we will associate the statement with your information in such a manner that it will be brought to the attention of each person who uses that information.
YOUR RIGHT TO LODGE A COMPLAINT
If you are not satisfied with the manner in which we have handled your PI, you may lodge a complaint in writing with Nightcruiser's Privacy Officer. We will inform you as to who will handle your complaint.
We would like to send you promotional information about goods and services that we believe may be of interest to you. However, we understand that you may not wish to receive such material. You will have an opportunity to “opt in” and/or “opt out” (as applicable) in connection with promotions except in some cases where you would be notified that opting in was a condition of participation. If this is the case, please inform our Privacy Officer and we will promptly remove your name from our mailing list.
In circumstances where we cannot practicably obtain your consent, we may still engage in direct marketing to you, but will:
(a) advise you that you can be taken off the mailing list at any time following receipt of a request from you to that effect; and
(b) display our contact details clearly in each direct marketing publication.
You may be removed from any Nightcruiser mailing list at any time. Simply send a written request to Nightcruiser Privacy Officer.
Further information about privacy may be obtained from the Office of the Federal Privacy Commissioner of Australia at: http://www.privacy.gov.au.