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Privacy Policy
This Privacy Policy applies to the collection of
Personal Information by or on behalf of Austereo Pty Ltd, Consolidated
Broadcasting System (WA) Pty Ltd, Perth FM Radio Pty Ltd and all
other members of the Austereo Pty Ltd group of companies ("Austereo").
On some occasions we may conduct a promotion or other activity
which has its own specific Privacy 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.
INTRODUCTION
Austereo operates a number of broadcast radio stations 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.
We collect personal information from you in various ways, for
example, when you 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 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.
This policy may be reviewed from time to time so it is best to
read it at any time you are proposing to supply us with PI. By using
our website or providing PI, you agree to be bound by the terms
of this Privacy Policy and consent to any use of PI that is in accordance
with this policy. Any proposed use of PI that is not covered by
this policy will be disclosed at or prior to the time of collection
and where practicable, your consent will be obtained.
ANONYMITY
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.
CONSENT
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.
COMPETITIONS
If you provide us with PI as part of an entry into a competition
then we will use that information to contact you in connection with
the competition and in accordance with this Privacy Policy.
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.
PI collected during competitions will be governed by the terms
set out in this Privacy Policy unless otherwise stated in the conditions
of entry for the competition, or an alternate Privacy Policy applies.
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;
* email;
* 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.
We may also obtain details about you or your business from sources
that are publicly available such as websites, journals, legal directories
and phone books. We will only collect information about you from
third parties in rare circumstances, for example where one of your
friends indicates to us that one of our services or products may
be of interest to you. If we do collect PI in this manner, it will
only comprise of your name and contact details and we will endeavor
to make you aware of the collection of this information, the third
party's contact details and this Privacy Policy.
We may also collect anonymous information through the use of cookies
on our website. Cookies are pieces of information that are stored
on your computer's hard disk. Most web-browsers are set to accept
cookies but you can set your web-browser to refuse cookies. Cookies
themselves do not identify users personally but they do allow the
tracking of an Individual's use of a website. Cookies have become
commonplace.
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
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.
PI may be transferred to our majority shareholder Village Roadshow,
for the purpose of providing you with information regarding upcoming
offers and opportunities offered by Village Roadshow.
PI may be transferred to Fairwest Direct Inc ("Fairwest")
and Level 3 Communications Inc ("Level 3") in the United
States of America in order to facilitate the listener loyalty program
known as the Freq Club. By participating in the Freq Club, you consent
to the transfer of your PI overseas. Fairwest and Level 3 do not
have permission to use, sell, transfer or access PI in any way except
in connection with facilitating the Freq Club. Our agreement in
relation to the Freq Club requires that all third parties adhere
to the NPPs in every respect.
We will not send your information outside of Australia in any
other circumstances, unless we have your consent.
Aggregated Information
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.
OTHER SITES
Please note that our website contains links to other websites which
are not administered by us. If you click on a link to another website
and subsequently leave our website, our Privacy Policy will no longer
apply, and we suggest that you refer to the privacy policy relating
to the other website.
ADVERTISEMENTS
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 Austereo's Privacy Officer by mail at GPO Box 107.1 Adelaide
South Australia 5000, or by email to privacy@austereo.com.au.
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 Austereo 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 Austereo 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 is 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
Austereo'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 Austereo's Privacy
Officer. We will inform you as to who will handle your complaint.
PROMOTIONAL INFORMATION
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.
DIRECT MARKETING
PI collected for direct marketing purposes will only be collected,
used or disclosed with your consent as provided for in this Privacy
Policy.
In circumstances where we cannot practicably obtain your consent,
we may still engage in direct marketing to that 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 Austereo mailing list at any time.
Simply send a written request to Austereo's Privacy Officer.
WE MAY NEED TO CHANGE OUR PRIVACY POLICY FROM TIME TO TIME
Due to changing business circumstances and legal requirements, we
may need to amend this Privacy Policy from time to time. If so,
we will publish the revised policy on our website/s. Any action
that was undertaken prior to the policy change will continue to
be regulated by the policy as it existed at the time the action
was taken.
FURTHER INFORMATION
Further information about privacy may be obtained from the Office
of the Federal Privacy Commissioner of Australia at: http://www.privacy.gov.au.
CONTACT US
If you have any queries about this Privacy Policy, please contact
Austereo's Privacy Officer by mail at GPO Box 107.1 Adelaide South
Australia 5000 or by email to privacy@austereo.com.au.
Contact details for of our radio stations can be found below.
Copyright © 2003 Austereo Pty Ltd. All rights reserved.
Austereo Pty Ltd (ACN 007 914 641) trading as the following radio
stations:
2DAY FM
GPO Box 22
Sydney NSW 2001
Ph: 02 9375 1041
Triple M Sydney
GPO Box 4442
Sydney NSW 2001
Ph: 02 9367 1000
FOX FM
PO Box 1019
St Kilda VIC 3182
Ph: 03 9205 1111
Triple M Melbourne
PO Box Triple M
St. Kilda VIC 3182
Ph: 03 9230 1051
B105 FM
GPO Box 105
Brisbane QLD 4001
Ph: 07 3837 1053
Triple M Brisbane
GPO Box 1041
Brisbane QLD 4001
Ph: 07 3361 0104
SA.FM
PO Box 107.1
Unley SA 5061
Ph: 08 8301 1071
Triple M Adelaide
PO Box 104.7
Unley SA 5061
Ph: 08 8290 1047
Consolidated Broadcasting System (WA) Pty Ltd (ABN 17 008 670
460) trading as 92.9
PO Box 157
Subiaco WA 6904
Ph: 08 9382 0929
Perth FM Radio Pty Ltd (ABN 22 077 569 110) trading as MIX94.5
PO Box 945
Subiaco WA 6904
Ph: 08 9382 0945
NXFM
PO Box 97
Charlestown NSW 2290
Ph: 02 4942 3333
KOFM
PO Box 606
Charlestown NSW 2290
Ph: 02 4942 143 |
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