WICKED AUSTRALIA PTY LTD
The Privacy Act 1988 (Cth) ("Privacy Act") was amended in December 2001. The new legislation established a national scheme for handling personal information by private sector organisations in Australia. The new legislation introduced ten National Privacy Principles (NPPs). The NPPs regulate the way companies can collect, use, hold and disclose personal information.
"Personal information" is information or opinion about an individual that identifies the individual, or from which it is reasonably possible to determine the individual's identity.
The Company and its Staff must comply with the Privacy Act by protecting personal information relating to its customers and Staff.
HOW PERSONAL INFORMATION IS COLLECTED
The Company collects personal information in various ways. The most common ways and purposes are:
- From application forms when individuals apply to become members of clubs run by the Company, for the purpose of providing news, information, offers and other services in accordance with terms and conditions of the club.
- From competition entries and promotions, for the primary purpose of running the competition or promotion and contacting the winner(s), and, unless advised otherwise, for the purpose of sending information, news and offers in relation to information, goods and services.
- From order forms when goods and services are ordered by distributors and retailers, for the purpose of fulfilling the order and delivering the goods, and to maintain the Company's relationship with the individual concerned.
- From telephone, email, written and in-person inquiries directed to the Company, for the purposes of responding to enquires.
- From business contacts, including contracts and business cards, when they enter into transactions with the Company or otherwise interact with the Company in a business context.
- From websites through automatic processes such as cookies. Cookies are used to better understand users and improve the layout and functionality of the Company website. This tracking is conducted in such a way as to ensure the anonymity of visitors to the Company website. While cookies may identify the computer, it should not identify the individual.
WHAT PERSONAL INFORMATION IS COLLECTED?
If you ask the Company to provide you with information, goods or services, sign up to join one of the Company's clubs, or submit a competition entry form, you will be asked to provide contact information (such as your name, telephone number, postal address and email address). You may also be asked for demographic information (such as your age and gender) and/or profile data (such as entertainment preferences e.g. what type of films you prefer).
HOW IS PERSONAL INFORMATION USED?
The main reason for collecting personal information is to enable the Company to provide customers with information, goods and services. The personal information collected is used to manage the relationship with you, the customer, communicate with you effectively, and also to identify which goods and services would be of interest to you in the future.
Only information that is needed is collected. For example, sensitive information, such as health or political beliefs, is not collected as it is not needed in order to provide information, goods and services.
If at any time you do not wish to be notified of information, goods, services or promotions offered by the Company, or if you do not wish to receive further communication from the Company, the Company will respect your wishes and remove your information from its records.
PASSING ON PERSONAL INFORMATION
Generally, confidential information will not be disclosed to individuals or organisations outside of the Company without prior consent. However, in the circumstances described below, confidential information may be disclosed outside of the Company.
The Company may disclose personal information to third parties to whom specialised functions are contracted out to e.g. mailing houses, printing companies, payroll processing etc. If the Company does disclose personal information to a third party under outsourcing or contracting arrangements, the Company will take steps to ensure that those contractors:
- Sign a contractual agreement which will be handled by the Company's Legal Counsel
- Handle the personal information in a manner consistent with the NPP's (regardless of whether they are a small business, or would otherwise be exempt from the Privacy Act)
- Only use the personal information in order to provide specific services or to perform the specific functions required by the Company
- Store the personal information securely, and only for as long as is necessary to provide the required services to perform the required functions
Disclosures permitted by law
The Company may also disclose personal information without consent if they are required to do so by law, or if the disclosure is permitted under
the Privacy Act.
Transfer of personal information overseas
The Company may, from time to time, transfer personal information to branches overseas. If personal information is required to be transferred overseas, the Company will:
- Ensure the personal information is given the same protection in the destination country as it receives in Australia; or
- Seek the owners consent before it transfers the personal information overseas
ACCESS TO PERSONAL INFORMATION
Under the Privacy Act, you generally have the right to seek access to the personal information that the Company holds for you, although there are some circumstances in which the Company is permitted or required to withhold access to some or all of that personal information.
If you wish to exercise your right under the Privacy Act to seek access to the personal information held for you, you should make the request in writing.
- State whether you are seeking access to all personal information held on you or to particular personal information, in which case you should specify that in the request
- You must provide some form of identification (e.g. photocopy of drivers licence or passport) to enable the Company to verify that you are the person to whom the personal information relates
- You must include details of how you can be contacted in case the Company needs to contact you to discuss the request
How is a request for access processed?
Unless specified otherwise, it is assumed that all requests relate to current records. In order to provide personal information, ordinarily a print out of the relevant personal information will be made from the Company databases, and/or copies will be made of records which are held only on paper files. If information is duplicated across databases and/or files, only one print out/photocopy will be provided. Ordinarily the Company will not charge for providing access/copies, and will generally respond to access requests of this type within 30 days of receiving the request.
For legal and administrative reasons, the Company may also store records containing personal information in the archives. Access to these historical records will result in a charge being made. Due to the nature of archive, requests for access to historical records may take longer to process than with current records.
Correction to personal information
You have the right to ask the Company to correct personal information about you that you think is inaccurate, incomplete or out of date. This amended data should be given to our Legal Department who will consider the request and respond within 30 days of receiving the request.
If the Company agrees that the personal information held is not accurate, complete and up to date, it will be corrected by the appropriate person. If the Company does not agree, you will be provided with the reason(s) for the views and the opportunity to make a statement of your view and have it included with the information held.
STORAGE, SECURITY AND DISPOSAL OF PERSONAL INFORMATION
The Company takes steps to ensure that the personal information it holds is protected from risks, unauthorised access, destruction, use, modification or disclosure. Only authorised personnel have access to personal information, and it is a condition of employment with the Company that all Staff maintain the confidentiality of personal information.
Personal information is only retained by the Company for as long as it is needed by the Company, or for as long as it is legally allowed to be retained. When personal information is no longer required by the Company, it is disposed of or destroyed in a secure fashion in accordance with obligations set out by the Privacy Act.
ONLINE PRIVACY ISSUES
The Company collects personal information from customers through the Company websites when individuals sign up to join clubs or when they contact the Company via the online enquiry forms.
The Company websites may also collect other information that may or may not be personal information. For each visitor to the Company website, our server automatically recognises and stores the individual's "address" (eg. the domain name or Internet protocol address), the type of Internet browser being used, the address of the site that "referred" the individual to our website and clickstream data.
Links to other websites
Your Acceptance of These Terms