Collection Notification Statement for Online Ticket Purchases under the Privacy Act 1988 (Cth)
In this collection notification statement, the expressions "Promoter", "we", "us" and "our" are a reference to ASH SOUNDS PTY LTD (ACN 160 019 152) trading as THE FALLS FESTIVAL and its Related Bodies Corporate (as defined by s9 of the Corporations Act 2001 (Cth)).
The expression "Authorised Ticket Company" is a reference to Ticket Solutions Pty Ltd (ABN 94 106 907 206) trading as The Promoter and our Authorised Ticket Company who we have engaged as our Software as a Service Provider to facilitate sales of tickets.
The Promoter and our Authorised Ticket Company are committed to protecting the privacy of individuals and their personal information and complies with the Privacy Act 1988 (Cth) (Privacy Act).
Please read this carefully as it will have important consequences for you in relation to the collection, use and disclosure of your personal information you provide to The Promoter and our Authorised Ticket Company.
You understand that:
1. The Promoter and our Authorised Ticket Company is the party who is collecting your personal information and can be contacted care of info@oztix.com.au or alternatively you can write to us care of PO Box 476, Annerley, Qld, 4103.
2. The Promoter or our Authorised Ticket Company will collect your personal information directly from you. In certain circumstances, The Promoter or our Authorised Ticket Company may require to collect personal information from your financial institution in order to process the purchase you are making with the Promoter and our Authorised Ticket Company.
3. The purpose of the Promoter and our Authorised Ticket Company collecting your personal information is:
(a) process your application for a ticket purchase, which will include but will not be limited to:
- verifying your identification;
- processing payment for the ticket purchase; and
- fulfilling any related orders or transactions, whether in relation to promotional offers made by the Promoter and our Authorised Ticket Company or third parties, or otherwise;
(b) to offer you updates, discounts, or other content or products and services that may be of interest to you; and
(c) to provide you with direct marketing communications from us or our related bodies and, with your consent, industry partners, including, but not limited to those parties listed at paragraph 5, (using direct mail, telemarketing, email, SMS and MMS messages) such as our eNews Flash, eNewsletter, our or our Authorised Ticket Company Special Offers and Third Party Special Offer subscriptions,
and you acknowledge and agree to your personal information being collected and used for, and in connection with, these purposes.
4. If we do not collect this personal information in connection with the purposes in paragraph 3, then:
(a) The Promoter and our Authorised Ticket Company will be unable to process your payment for the ticket purchase; and
(b) we will be unable to send you direct marketing communications (unless you have consented to such communications through other your other dealings with the Promoter or our Authorised Ticket Company).
5. Your personal information being disclosed to the following classes of people and organisations in connection with the purposes in paragraph 3:
(a) The Promoter and our Authorised Ticket Company and its personnel;
(b) your financial institution and in some circumstances, our financial institution;
(c) our industry partners;
(d) The Promoter and our Authorised Ticket Company's third party payment gateway service provider; and
(e) third parties which are involved in the provision of our services to you, which shall include but is not limited to the venue, venue or event promoter or organiser, or band for which you are purchasing the ticket or any third party which is involved in any promotional offers or activities or otherwise.
6. It is possible that some of the information collected via this application may be disclosed to The Promoter and our Authorised Ticket Company's related body corporate or service providers outside of Australia. You consent to your information being disclosed to a destination outside Australia for this purpose, including but not limited to New Zealand, Thailand and Manila and you understand and acknowledge that Australian Privacy Principle 8.1 will not apply to such disclosures of your personal information.
7. The Promoter and our Authorised Ticket Company's Privacy Policy sets out the process as to how you can access and correct any of your personal information collected under this form as well as to how you can make a complaint if The Promoter and our Authorised Ticket Company has breached the Privacy Act in the handling of your personal information. The Promoter and our Authorised Ticket Company's Privacy Policy is available at the festival website or can be otherwise provided by requesting a copy from The Promoter or our Authorised Ticket Company.
By continuing with your purchase of tickets to an event, performance or venue via this website, indicates that you have read this collection notification and acknowledge that your personal information will be collected, used and disclosed in accordance with this collection notice and as otherwise detailed in The Promoter and our Authorised Ticket Company's Privacy Policy and, to the extent it is necessary, that you give your voluntary express consent to The Promoter and our Authorised Ticket Company collecting, using, storing, disclosing and disposing of your personal information in this manner.
Privacy Policy
In this privacy policy, the expressions "Presenter", "we", "us" and "our" are a reference to ASH SOUNDS PTY LTD (ACN 160 019 152) trading as THE FALLS FESTIVAL and its Related Bodies Corporate (as defined by s9 of the Corporations Act 2001 (Cth)).
In this privacy policy, the expression "Authorised Ticket Company" is a reference to Ticket Solutions Pty Ltd (ACN 106 907 206) trading as Oztix who we have engaged as our Software as a Service Provider to facilitate sales of tickets.
This privacy policy applies to personal information collected by us or our Authorised Ticket Company. We are bound by the Privacy Act 1988 (Cth), which governs the way private sector organisations collect, use, keep secure and disclose personal information.
This Privacy Policy is to inform people of how and when The Presenter and the Authorised Ticket Company
- collects personal information;
- uses and discloses personal information;
- keeps personal information secure, accurate and up-to-date; and
- how an individual can access and correct their personal information; and
- how we will facilitate or resolve a privacy complaint.
If you have any concerns or complaints about the manner in which your personal information has been collected, used or disclosed by us or our Authorised Ticket Company, we have put in place an effective mechanism and procedure for you to contact us so that we can attempt to resolve the issue or complaint. Please see paragraph 10 for further details.
We can be e-mailed at info@oztix.com.au or write to us care of PO Box 476, Annerley, Qld, 4103 and our privacy officer will then attempt to resolve the issue.
As Presenter, we will allow you to correspond or speak with us or our Authorised Ticket Company anonymously, if and when it is lawful and practicable to do so. For example, if you wish to make an enquiry as the price of tickets for an event, we do not need your personal information.
We recommend that you keep this information for future reference.
1. What is personal information?
The Privacy Act 1988 (Cth) defines "personal information" to mean information or an opinion, whether true or not, and whether recorded in a material form or not, about an individual whose identity is reasonably identifiable, from the information or opinion.
2. Sensitive Information
2.1 What is Sensitive Information?
(a) Sensitive information is a subset of personal information. It means information or opinion about an individual's racial or ethnic origin, political opinions, membership of a political organisation, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual orientation or practices, criminal record, health information about an individual, genetic information, biometric information that is to be used for the purpose of automated biometric verification or biometric identification or biometric templates.
(b) In general, we attempt to limit the collection of sensitive information we may collect from you, but depending on the uses you make of our products this may not always be possible and we may collect sensitive information from you in order to carry out the services provided to you. However, we do not collect sensitive information from you without your consent.
(c) The type of sensitive information we may collect from you or record about you is dependent on the services provided to you by us or our Authorised Ticket Company and will be limited to the purpose(s) for which it is collected. We do not use sensitive information to send you Direct Marketing Communications (as defined in paragraph 6 below) without your express consent.
2.2 Consent to collection of certain types of sensitive information
If you are an employee or potential employee of Presenter or our Authorised Ticket Company, we may collect certain types of sensitive information where you have consented and agree to the collection of such information.
Generally speaking, we will obtain this type of consent from you at (or around) the point in time in which we collect the information, but the main type of sensitive information that we may collect (if any) will usually relate to:
(a) the criminal record of an individual; and
(b) the health or medical information about an individual,
but only to the extent that where you volunteer such information or if it is necessary for, or incidental to, the purposes of collection set out in paragraph 4.
3. Collection of your personal information
3.1 We only collect personal information that is necessary for what we do and we hold the personal information we collect within our own data storage devices or with a third party provider of data storage. The type of information we may collect from you includes depends ultimately upon the purpose of collection and we set out the general purposes of collection at paragraph 4 below.
3.2 The type of information we may collect from you includes (but is not limited to) the following:
(a) your contact information such as full name (first and last), e-mail address, current postal address, delivery address (if different to postal address) and phone numbers;
(b) if applicable, details relating to your employment or your previous employment, which shall include, but is not limited to, obtaining your tax file number and superannuation details;
(c) your music and entertainment preferences;
(d) if applicable, emergency contact details;
(e) your date of birth;
(f) if applicable, proof of your date of birth (including, but not limited to, driver's licence, passport, birth certificate);
(g) any additional information required to provide you with our services;
(h) if applicable, your username and password to access your online account on our website;
(i) your opinions, statements and endorsements collected personally or via surveys and questionnaires, including but not limited to your views on the products and services offered by Presenter or our Authorised Ticket Company ; and
(j) if you are requesting products or services from us or we are purchasing goods or services from you, then any relevant payment or billing information (including but not limited to bank account details, direct debit, credit card details, billing address, repayment information and invoice details). However, we do not store your entire credit card number on our system, as these are held by our financial institution and our payment gateway provider.
3.3 As much as possible or unless provided otherwise under this privacy policy, we will collect your information directly from you. If we collect details about you from someone else, we will, whenever reasonably possible, make you aware that we have done this and why.
3.4 When you engage in certain activities, such as entering a contest or promotion, filling out a survey or sending us feedback, we may ask you to provide certain information. It is completely optional for you to engage in these activities.
3.5 Depending upon the reason for requiring the information, some of the information we ask you to provide may be identified as mandatory or voluntary. If you do not provide the mandatory data or any other information we require in order for us to provide our services to you, we may be unable to effectively provide our services to you.
3.6 If you use our website, we may utilise "cookies" which enable us to monitor traffic patterns and to serve you more efficiently if you revisit our website. A cookie does not identify you personally but may identify your internet service provider or computer. You can set your browser to notify you when you receive a cookie and this will provide you with an opportunity to either accept or reject it in each instance.
3.7 We may gather your IP address as part of our business activities and to assist with any operational difficulties or support issues with our services. This information does not identify you personally.
3.8 For your convenience, we provide links on our website to third party websites. We are not responsible for the privacy policies or content of the services linked offered by these websites linked to our website and they are not under our control. You should review the privacy policy of any linked website before providing personal information to it. We do not endorse any products or services which are available on the linked websites.
4. How we may use and disclose your personal information
4.1 We will only use or disclose your personal information for the primary purposes for which it was collected or as consented to and/or as set out below.
4.2 You consent to us using and disclosing your personal information to facilitate a purpose in connection with:
(a) if required, the verification of your identity;
(b) the verification of your date of birth, if applicable;
(c) the provision of our products and services to you, which shall include but is not limited to:
- the administration and management of our products and services, including processing of any application forms or orders for tickets for events, charging, billing, facilitating refunds, credit card authorisation and verification, checks for financial standing, credit-worthiness (including but not limited to undertaking an assessment for credit loss and obtaining credit references, if applicable), fraud and collecting debts;
- fulfilling any related orders or transactions, whether in relation to promotional offers, activities or otherwise; and
- to offer you updates, discounts, or other content or products and services that may be of interest to you;
(d) co-ordinating and managing the attendance list for events, which may include the provision of your personal information to venues, promoters and bands;
(e) to facilitate the administration and management of the Presenter and our Authorised Ticket Company, including but not limited to:
- the use of your personal information collected in accordance with paragraph 3.1 in the administration and management of the Presenter and our Authorised Ticket Company; and
- the management of your online account;
(f) if applicable, co-ordinating, managing and maintaining good order and security at events, which shall include but is not limited to protecting the rights and safety of other parties on event and venue premises;
(g) if applicable, investigating and reporting information to third parties regarding any accidents or incidents that may have occurred at events or venues;
(h) the improvement of our services (including to contact you about those improvements and asking you to participate in surveys about our products and services);
(i) the maintenance and development of our products and services, business systems and infrastructure;
(j) marketing and promotional activities by us, our related bodies and, with your consent, industry partners, including but not limited to those parties listed at paragraph 5.1, (including by direct mail, telemarketing, email, SMS and MMS messages) such as our eNews Flash, eNewsletter, our or our Authorised Ticket Company Special Offers and Third Party Special Offer subscriptions;
(k) to provide customer service functions, including handling customer enquiries and complaints;
(l) to offer you updates, or other content or products and services that may be of interest to you;
(m) our compliance with applicable laws;
(n) the sale, and matters in connection with a potential sale, of our business or company to a third party; and
(o) any other matters reasonably necessary to continue to provide our products and services to you.
4.3 We may also use or disclose your personal information and in doing so we are not required to seek your additional consent:
(a) when it is disclosed or used for a purpose related to the primary purposes of collection detailed above and you would reasonably expect your personal information to be used or disclosed for such a purpose;
(b) if we reasonably believe that the use or disclosure is necessary to lessen or prevent a serious or imminent threat to an individual's life, health or safety or to lessen or prevent a threat to public health or safety;
(c) if we have reason to suspect that unlawful activity has been, or is being, engaged in; or
(d) if it is required or authorised by law.
4.4 In the event we propose to use or disclose such personal information other than for reasons in 4.1, 4.2, and 4.3 above, we will first seek your consent prior to such disclosure or use.
4.5 If you have received communications from us and you no longer wish to receive those sorts of communications, you should contact via the details set out at the top of this document and we will ensure the relevant communication ceases. Any other use or disclosure we make of your personal information will only be as required by law or as permitted by the Privacy Act 1988 or by this privacy policy or otherwise with your consent.
5. The types of organisations to which we may disclose your personal information
5.1 We may disclose your personal information to organisations outside of Presenter or our Authorised Ticket Company. Examples of organisations and/or parties that your personal information may be provided to include:
(a) venues at which events are held;
(b) venue and event promoters or organisers;
(c) bands or other acts that are performing or have performed at venues or events;
(d) industry partners;
(e) offshore service providers, if any;
(f) related entities and subsidiaries of and our Authorised Ticket Company;
(g) third parties, such as financial institutions (banks) and our payment gateway provider; and
(h) our contractors, agents and third parties, including but not limited to our IT service providers, and other companies who assist us in providing our products and services to you or which are involved in any promotional offers or activities.
5.2 Your personal information is disclosed to these organisations and/or parties only in relation to the goods or services we provide to you or for a purpose permitted by this privacy policy.
5.3 We take such steps as are reasonable to ensure that these organisations and/or parties are aware of the provisions of this privacy policy in relation to your personal information.
6. Direct Marketing
6.1 You expressly consent to us using your personal information, including any email address you give to us, to provide you with information and to tell you about our products, services or events or any other direct marketing activity (including third party products, services, and events) (Direct Marketing Communications) which we consider may be of interest to you.
6.2 Without limitation clause 6.1, if it is within your reasonable expectations that we send you Direct Marketing Communications given the transaction or communication you have had with us, then we may also use your personal information for the purpose of sending you Direct Marketing Communications which we consider may be of interest to you.
6.3 You expressly consent to us disclosing your personal information to other organisations (including but not limited to organisations such as those listed in paragraph 5.1), who may also use your personal information to send you Direct Marketing Communications. If you do not wish to receive Direct Marketing Communications from these organisations under paragraph 6.3, please contact the organisations directly. If you do not have their details, please contact our Privacy Officer.
6.4 However, if at any time you do not wish to receive any further Direct Marketing Communications from us, you may ask us not to send you any further information about products and services. You may also ask us not to disclose your information to other organisations listed under paragraph 6.3 for that purpose. You may do this at any time by using the "unsubscribe" facility included in the email, managing your subscriptions via your Presenter and or our Authorised Ticket Company account or by contacting us via the details set out at the top of this document.
7. Cross Border Disclosure
7.1 Any personal information provided to Presenter and or our Authorised Ticket Company may be transferred to, and stored at, a destination outside Australia, including but not limited to the New Zealand, Thailand and Manila where we also operate a ticketing company or use third party service providers. Personal information may also be processed by staff or by other third parties operating outside Australia who work for us or for one of our suppliers, agents, partners or related companies.
7.2 By submitting your personal information to Presenter and or our Authorised Ticket Company, you expressly agree and consent to the disclosure, transfer, storing or processing of your personal information outside of Australia. In providing this consent, you understand and acknowledge that countries outside Australia do not always have the same privacy protection obligations as Australia in relation to personal information. However, we will take steps to ensure that your information is used by third parties securely and in accordance with the terms of this privacy policy.
7.3 The Privacy Act 1988 requires us to take such steps as are reasonable in the circumstances to ensure that any recipients of your personal information outside of Australia do not breach the privacy principles contained within the Privacy Act 1988. By providing your consent, under the Privacy Act 1988, we are not required to take such steps as may be reasonable in the circumstances. However, despite this, we acknowledge the importance of protecting personal information and have taken reasonable steps to ensure that your information is used by third parties securely and in accordance with the terms of this privacy policy.
7.4 If you do not agree to the transfer of your personal information outside Australia, please contact us by via the details set out at the top of this document.
8. Data quality and security
8.1 We have taken steps to help ensure your personal information is safe. You will appreciate, however, that we cannot guarantee the security of all transmissions or personal information, especially where the Internet is involved.
8.2 Notwithstanding the above, we will take reasonable steps to:
(a) make sure that the personal information we collect, use or disclose is accurate, complete and up to date;
(b) protect your personal information from misuse, loss, unauthorised access, modification or disclosure both physically and through computer security methods; and
(c) destroy or permanently de-identify personal information if it is no longer needed for its purpose of collection.
8.3 However, the accuracy of personal information depends largely on the information you provide to us, so we recommend that you:
(a) let us know if there are any errors in your personal information; and
(b) keep us up-to-date with changes to your personal information (such as your name or address).
9. Access to and correction of your personal information
9.1 You are entitled to have access to any personal information relating to you which we possess, except in some exceptional circumstances provided by law. You are also entitled to edit and correct such information if the information is inaccurate, out of date, incomplete, irrelevant or misleading.
9.2 If you would like access to or correct any records of personal information we have about you, you are able to access and update that information (subject to the above) by contacting us via the details set out at the top of this document.
10. Resolving Privacy Complaints
10.1 We have put in place an effective mechanism and procedure to resolve privacy complaints. We will ensure that all complaints are dealt with in a reasonably appropriate timeframe so that any decision (if any decision is required to be made) is made expeditiously and in a manner that does not compromise the integrity or quality of any such decision.
10.2 If you have any concerns or complaints about the manner in which we have collected, used or disclosed and stored your personal information, please contact us by:
10.3 Please mark your correspondence to the attention of the Privacy Officer.
10.4 In order to resolve a complaint, we:
(a) will liaise with you to identify and define the nature and cause of the complaint;
(b) may request that you provide the details of the complaint in writing;
(c) will keep you informed of the likely time within which we will respond to your complaint; and
(d) will inform you of the legislative basis (if any) of our decision in resolving such complaint
10.5 We will keep a record of the complaint and any action taken in a Register of Complaints.
11. Consent
11.1 By using our website or by accepting the terms of one of our terms and conditions which refer to this privacy policy, you are agreeing to the terms of this privacy policy.
11.2 We reserve the right to modify our privacy policy as our business needs require. We will notify you of such changes (whether by direct communication or by posting a notice on our website), after which, your continued use of our products, services or website or your continued dealings with us shall be deemed to be your agreement to the modified terms. If you do not agree to our continued use of your personal information due to the changes in our privacy policy, please contact us via the details set out at the top of this document.
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