Untitled Group ABN 95622442246 “us”, “we” or “our” and/or our subsidiaries or affiliates use, collect, store and disclose information supplied to us in connection with our products or services, whether that be through attending our events, interacting with our website located at www.untitledgroup.com.au and associated online platforms (the “Sites”), or by contacting us in person, by phone, or over email (we will refer to the foregoing collectively as the “Services”).
SPECIAL CONDITION: COVID-19 CONTACT TRACING
You acknowledge that there is currently a respiratory illness outbreak caused by a novel coronavirus (“COVID-19”) that is impacting various regions globally. Different States and Territories around Australia are managing the ongoing risks of COVID-19 by requiring businesses to collect Personal Information about their customers for the purpose of “contact tracing”. Contact tracing is the process of identifying people who may have come into contact with a positive case of COVID-19, and assists authorities with taking measures to help prevent the spread of COVID-19 (such as issuing directions to identified persons to get tested and/or self-isolate).
As a condition of entry into the our festivals and events, we or the venue may collect the following information from you in accordance with any applicable in force government direction or order for the purpose of contact tracing:
· Your full legal name;
· Your contact details (e.g. phone number and/or email address);
· Your postcode.
We or the venue may also require you to provide confirmation that:
· you do not have COVID-19, and are not awaiting test results for COVID-19 or otherwise have reason to suspect that you have contracted COVID-19;
· you have not knowingly been in contact with a person who has tested positive for COVID-19 in the last fourteen (14) days;
· you have not returned from international travel in the last fourteen (14) days;
· you have not visited a COVID-19 ‘hotspot’ (as advertised on the relevant State or Territory’s health department website) in the past fourteen (14) days;
· you are not experiencing cold or flu-like symptoms, including:
- a cough
- shortness of breath
- sore throat
- sneezing and runny nose
- temporary loss of smell
This information will be collected from you directly, or from a parent or guardian where you are under the age of 18. Where contacting tracing is collected by a venue or other third party, we may request that the venue or other third party share such information with us for the purpose of complying with any government direction or order. Please note the privacy policies of those venues or third parties will apply to the collection of such information, and you should contact them directly should you have any queries about their privacy practices.
A direction order may provide for the submission of contact tracing information to a government authority directly through an authorized mobile application or web check-in service (“Check-In Tool”). If you choose to use a Check-In Tool, your disclosure of Personal Information will be governed by the terms of the operator responsible for the Check-In Tool. We disclaim all liability in connection with your use of a Check-In Tool. If you have any concerns about the privacy practices of any Check-In Tool operator, we encourage you to reach out to them directly.
We will keep all Personal Information collected for the purpose of contact tracing separate from other data, and will restrict access to such information to our staff on a ‘need-to-know’ basis. We will only disclose Personal Information to relevant health authorities or other persons as required under any applicable direction or order. When we are no longer required to keep such information, we will take reasonable steps to anonymize or otherwise delete such information.
Types of information we collect
“Personal Information” means information that can be used to personally identify you, such as your name, age or date of birth, telephone number, address, email address, photographs or videos where you are personally identifiable, and in some circumstances financial information such as your credit card, direct debit or Paypal account information. If the information we collect personally identifies you or you are reasonably identifiable from it, the information will be considered Personal Information.
“Sensitive Information” is a special type of Personal Information that relates to health information, political beliefs, ethnicity, membership of a professional or trade association, gender, sexual preferences, philosophical beliefs, or criminal record. We will not collect Sensitive Information except with your express consent, and then only if collection of such information is necessary for a particular activity or function.
"Usage Information" means anonymous aggregate data that is automatically collected through your use of the Website. This includes information that identifies your device, your operating system, your IP address and dates and times that you access and use the Sites.
How we collect your Personal Data
We collect your Personal Data directly from you, unless it is unreasonable or impractical to do so.
We do this in a number of ways, including:
It is your choice to provide information to us. Wherever it is lawful and practicable, you have the option not to identify yourself when interacting with us. Please be aware that it is necessary for us to collect your Personal Data to enable us to provide the Services to you. As such, if you do not wish to provide your Personal Data, we may not be able to provide the Services to you .
Circumstances where we collect Personal Data about you from sources other than you directly include where:
· you have consented for a third party to share information with us;
· where we are authorised by law to collect the information from a third party;
· where it is unreasonable or impracticable to collect the information from you personally.
If we collect your Personal Data from third parties in circumstances where you may not be aware that we have collected such Personal Data, we will take reasonable steps to notify you of the collection and circumstances surrounding the collection.
We may also collect Personal Data from third parties including our contractors and business partners, advertisers, mailing lists, recruitment agencies and government entities.
We may collect Usage Data through cookies, pixel tags and other tracking technologies (collectively Cookies). Cookies are small packets of data that are downloaded onto your device when you access a website. Cookies hold specific information that help a website ‘remember’ your actions and preferences over time. These are the types of Cookies that we may use to operate the Sites:
● Strictly Necessary Cookies – these Cookies are essential to ensure that the Sites work correctly, and record information that allows you to move around the Sites and navigate their features;
● Performance Cookies – these Cookies collect information about how you use the Sites, such as how often you access the Sites and if you encounter any errors;
● Functionality Cookies – these Cookies allow the Sites to remember the choices you make to provide a more personalised experience;
● Targeting/Advertising Cookies – these Cookies deliver targeted advertising to you based on your interests and use of the Sites.
Cookie scan stay on your device temporarily (“Session Cookies”) or until you manually delete them (“Persistent Cookies”). Data collected by Cookies does not identify you, but it does identify your device. Where such data can be cumulatively used to personally identify you, we will seek your consent to collect and process such information. You can disable Cookies at anytime in your browser. If you disable Cookies, we cannot guarantee that the Sites will be available to you in a fully functional form.
Why we collect your Personal Data
The primary purpose for which we collect information about you is to enable us to perform our business activities and functions and to provide the Services to you.
Other legitimate purposes that you agree we can collect, hold, use and disclose your Personal Data for include but are not limited to the following:
For the avoidance of doubt, we will only use your Personal Data for purposes that you would reasonably expect us to use your Personal Data for in connection with operating and providing the Services to you, or where we are required by law to collect your Personal Data.We will not sell, rent, or license your email address or any of your Personal Data unless we have otherwise obtained your express consent to do so.
We recognise your right under the Spam Act 2003 (Cth) and the GDPR to opt out from direct marketing, and as such these consents can be modified at anytime by emailing us at email@example.com, or by clicking ‘unsubscribe’ on any direct marketing communications.
Please note certain non-marketing related correspondence from us, including messages relating to payment, will be automatically sent to you by virtue of your use of the Services and you may not have the option to unsubscribe from receiving this correspondence.
Who we disclose your Personal Data to
You agree and consent that we may disclose your Personal Data to:
You can withdraw your consent for us to share your Personal Data with third parties at any time by emailing firstname.lastname@example.org, but please note that withdrawal of such consents may affect your ability to access and use the Services.
What are your rights to your Personal Data
You have a general right to access any Personal Data about you that is held by us, unless a valid exception applies. You can request access to your own Personal Data by emailing us at email@example.com.
We cannot modify or alter your Personal Data. You acknowledge that it is your responsibility to maintain the truth, accuracy, and completeness of your information and your failure to do somay inhibit our ability to provide the Services. You agree that you remain solely responsible for maintaining the truth, accuracy, and completeness of your information at all times, and we shall have no liability to you or any third party arising from your failure to do the same. If you believe that Personal Data we hold about you is incorrect, incomplete or inaccurate, you may request that we amend it by emailing us at firstname.lastname@example.org.
In accordance with the GDPR, we acknowledge the right of EU subjects to:
· have their data erased that is no longer being used for a legitimate purpose;
· request a copy of all Personal Data held about you by us in a readable format, along with supplementary information to verify that such Personal Data is being processed lawfully; and
· request restricted processing of your Personal Data whilst any complaints or concerns are being resolved.
To erase, request or restrict processing of your Personal Data, please email email@example.com with the subject ATT: PRIVACY OFFICER.
We protect your Personal Data through technical security measures i.e. firewalls, encryption that limit the risk of loss, disclosure, unauthorised access and modification. No security measures are, however, 100% secure so we cannot guarantee the security of your information or data at any time. To the extent permitted by law, we accept no liability for any breach of security, or direct hacking of our security measures, or any unintentional disclosure, loss or misuse of any information or data or for the actions of any third parties that may obtain any information or data.
Not with standing the above, we acknowledge our obligation to report any data breach that is likely to risk the rights and freedoms of natural persons to the Australian Information Commissioner and, where our data breach involves the information of EU subjects, report to the European Data Protection Supervisor. We will also inform you, where possible, if your data has been breached in the circumstance where it poses a risk of serious harm or your rights and freedoms.
We may, in the course of providing any products or services to you, disclose Personal Data to overseas countries that are deemed by the EU Commission as having an ‘adequate’ level of Personal Data protection. Where we transfer data to a third party in a country where no adequacy decision has been made, we will take reasonable steps to ensure that the person or entity handling your data in those countries are bound under contract to meet the requirements of the Privacy Act, APPs and GDPR (as applicable).
15 Dover Street
Cremorne VIC 3121