VILLAGE ROADSHOW THEME PARKS
Village Roadshow Theme Parks Pty Ltd
Village Roadshow Theme Parks Pty Ltd (VRTP) is the operator of Sea World, Warner Bros. Movie World, Wet’n’Wild, Paradise Country, Australian Outback Spectacular, Sea World Resort & Water Park, Village Roadshow Studios, their related websites and the website www.ThemeParks.com.au.
We will from time to time collect information such as names and addresses or opinions (“Personal Information”) about an identified individual or an individual who is reasonably identifiable from customers, persons seeking employment, suppliers, contractors and other parties with whom we deal (“Customers”). We completely understand Customers’ concerns as to the confidentiality of their Personal Information and we take our obligations seriously in respect of not using or disclosing their Personal Information unless they have consented nor allowing unauthorised access to it. We have implemented a program in respect of how we handle Personal Information to ensure compliance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs) and this Policy outlines how we deal with Personal Information.
2. WHY VRTP COLLECTS PERSONAL INFORMATION
Nature Of Information
The type of information we collect from Customers includes such things as names, dates of birth, contact details, buying habits, opinions, product preferences and transactional details and is gathered for a range of purposes which are reasonably necessary for one or more of our core functions or activities in operating our businesses and being an employer of choice including enabling us to contact Customers, administering a purchase or booking, marketing our goods and services, the provision of ongoing Customer support and the compiling of Customer databases to enable us to more accurately market and develop our goods and services.
We will not ask a Customer for information about their racial or ethnic origin, political opinions, religious or philosophical beliefs, associations or trade union membership, health, disability or sexual activity or orientation (“Sensitive Information”) unless:
(a) the Customer provides their consent and it is reasonably necessary for one or more of our core business functions or a related activity;
(b) the collection of the Sensitive Information is specifically required or authorised by law;
(c) the collection is necessary to lessen a serious or imminent threat to the health or safety of a person; or
(d) the collection is necessary for the establishment, exercise or defence of a legal claim.
In accordance with the APPs, where it is practical, Customers may deal with us anonymously or by using a pseudonym, however as a provider of a wide range of goods and services we frequently find such an approach is impractical and it is necessary to collect a Customer’s name and contact details and other information about the matter to communicate and deal with the Customer in a fair and efficient manner.
Personal Information about Customers will be collected by us in a number of ways but only by lawful and fair means including:
(a) competition entry forms;
(b) applications for employment;
(c) emails (and social networking services such as Twitter and Facebook), faxes or letters;
(d) websites (including in some instances cookies);
(e) online transactions;
(f) in meeting or at networking functions;
(g) over the telephone;
(h) patron surveys;
(i) at the front gate;
(j) when purchasing by credit card;
(l)incident and visitor records;
(m)CCTV footage and photographs; and
(n) from third parties.
Although the dominant way in which we collect Personal Information is when Customers give it to us directly (i.e. we solicited it) we may also collect Personal Information about a Customer from a third party (i.e. unsolicited Personal Information). Upon receipt of same we will within a reasonable period determine if we could have lawfully collected such information if we had solicited it i.e. is the information reasonably necessary for one or more of our functions or activities. If it is then we will take reasonable steps to ensure that you are made aware of the collection of your Personal Information unless specific exemptions apply. If not then as soon as practicable we will destroy or de-identify the information if lawful and reasonable to do so.
Wherever reasonable and practical we will obtain a Customer’s express consent to the collection of Personal Information.
In some situations we will interpret a Customer's actions as indicating that they consent to the collection of their Personal Information e.g. where they provide Personal Information for a particular purpose and that purpose cannot be achieved without us making use of their Personal Information.
We have adopted the position proposed by the Australian Information Commissioner that a young person is able to give their consent when he or she has a sufficient understanding and maturity to understand what is being proposed. Where we are aware we are gathering information from a minor we will endeavour to obtain consent from their parent/legal guardian for the collection of the information but where this is not possible we will make a determination as to the minor's understanding of why the Personal Information is being collected before deciding to collect that information.
Information Given To Customers
When we collect Personal Information from a Customer we will advise them at that time, or as soon as practical thereafter, as to:
(a)our identity and contact details;
(b)the facts and circumstances of collection;
(c)the purposes of collection;
(d)the fact that the Customer can gain access to their Personal Information and ask for same to be corrected if need be;
(e)the types of organisations to which their Personal Information may be disclosed (and if any are overseas recipients);
(f)any law that authorises or requires the Personal Information to be collected;
(g)the main consequences if all or some of their Personal Information cannot be collected; and
This Advice Is Contained In Our Privacy Collection Statement
What happens if Personal Information is not provided
Where relevant we will endeavour to make Customers aware that VRTP may not be able to provide a proper service to them if their Personal Information is not provided upon request. In other words the business or transaction intended to be entered into between the parties may not be possible or may be severely hampered.
3. USE OF PERSONAL INFORMATION
We will only use the Personal Information we hold for the primary purpose for which it was collected which includes the administration of a booking or purchase of our entertainment products and the marketing of same and the operation of our businesses and will not use it for a secondary purpose unless:-
(a) the Customer has consented to same; or
(b) the Customer would reasonably expect us to use if for that secondary purpose and that secondary purpose is related to the primary purpose for which the Personal Information was collected (e.g. a Customer could reasonably expect us to use or disclose their personal information collected from their purchase order for the secondary purpose of us sending them information about special offers, discounts and promotions) or directly related in the case of Sensitive Information (e.g. if we provide first aid to a Customer then they could reasonably expect us to disclose information about their health to emergency service providers); or
(c) the use is required or authorised by law; or
(d) we believe that use may lessen a risk of harm to the health or safety of any person; or
(e) we believe an unlawful activity is being undertaken and the Personal Information is to be used as part of our investigation into this activity; or
(f) use is required for the enforcement of a criminal law or a law imposing a pecuniary penalty or for the protection of public revenue.
If Customers consent [either directly or where an individual would reasonably expect VRTP and its related entities to use or disclose the Personal Information for the purpose of direct marketing in the circumstances] we may use their Personal Information to send directly to them marketing and promotional material concerning our businesses (such as details of promotions, discounts and special offers) HOWEVER when doing so we will:
(a) advise the Customer that he or she can be taken off the mailing list at any time by contacting our Privacy Officer (and they have not already made such request); and
(b) display our contact details clearly in each direct marketing publication.
Where VRTP has collected Personal Information from a Customer (or from someone other than the Customer) and the Customer would not reasonably expect VRTP to use or disclose such information for the purpose of direct marketing, VRTP may use or disclose that Personal Information (other than Sensitive Information where a Customer must provide their consent) for the purpose of direct marketing if:
(i) either the Customer has consented to the use and disclosure of the Personal Information for direct marketing or it is impractical to obtain the consent; and
(ii) VRTP provides a simple way of opting out of receiving direct marketing communications; and
(iii) in each direct marketing communication VRTP includes a prominent statement that the Customer may make a request to opt out of receiving direct marketing communications or otherwise draws the Customer’s attention to the fact they may make such a request; and
(iv) the Customer has not already elected to opt out from receiving direct marketing communications from VRTP.
We will not disclose a Customer’s Personal Information to anyone outsider VRTP or its related entities for their promotional use.
4. MAINTENANCE AND MANAGEMENT OF PERSONAL INFORMATION
Who May View Personal Information
In general only VRTP employees who need to have access to Personal Information in order to carry out their prescribed duties may view same in order to facilitate the purposes for which it was collected.
We will only grant access or disclose Personal Information to other parties if:
(a) that disclosure is required to give effect to the purposes for which we collected the Personal Information;
(b) the Customer has consented to that disclosure;
(c) we reasonably believe that the disclosure may lessen a serious risk of harm to the life, health or safety of any person;
(d) we reasonably believe an unlawful activity is being undertaken and the Personal Information is disclosed as part of our investigation into this activity;
(e) we are required by law to disclose the Personal Information e.g. in response to a subpoena or police enquiry; or
(f) the disclosure is required for the enforcement of a criminal law or a law imposing a pecuniary penalty or for the protection of public revenue.
Contractors / Service Providers
We may from time to time appoint contractors to provide services to us including the processing and administration of Personal Information to facilitate Customers’ dealings with us and will need to disclose Customers’ Personal Information to them but we will only do so to the extent necessary for them to assist us and wherever possible we will require them to give a confidentiality undertaking and written assurance to comply with applicable privacy laws in order to protect Personal Information provided.
Currently we do not believe it is likely we will disclose Personal Information to overseas recipients however if this changes we will wherever practical obtain a Customer's written consent before transferring Personal Information overseas. If obtaining a Customer's consent is not practical, then the information will only be transferred if, as part of the agreement for the transfer of that information, the other organisation agrees to comply with our privacy obligations to that Customer.
We do not use any prohibited identifiers (such as a Medicare or tax file number) to identify Customers.
Storage and Security
Personal Information may be held and stored in either hard copy form or on computer or both. Wherever practical hard copy Personal Information is kept under locked security and Personal Information stored on computer is password protected. Where possible and practical we will endeavour to comply with recognised Australian and international standards relating to information security and will take reasonable steps to protect Personal Information from interference and unauthorised access. We regularly delete, securely destroy and de-identify Personal Information if we no longer need it and assess the risk of internal and external threats.
Updating Personal Information
We regularly monitor the quality and accuracy of Personal Information that we hold and where practical update that information on a regular basis
5. CUSTOMER ACCESS TO PERSONAL INFORMATION
Customers may access their Personal Information by contacting our Privacy Officer. Access is generally granted within 30 days of that request subject to identification validation procedures being satisfied and we may impose a reasonable charge for access if we deem same necessary. If the Customer subsequently wishes their Personal Information to be corrected or updated they should contact our Privacy Officer who will promptly take reasonable steps to correct it unless contrary to law.
When Access Can Be Withheld
Access to Personal Information may be withheld in a number of circumstances including where:
(a) providing access would pose a serious and imminent threat to the life or health of a person;
(b) providing access would have an unreasonable impact on the privacy of others;
(c) 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;
(d) the request is vexatious or frivolous;
(e) the information relates to current or anticipated legal proceedings between us and the person and the information would not be required to be discovered to a court;
(f) we are in commercial negotiations with the person and the information would reveal our intentions;
(g) providing access would be unlawful or we are required by a law to withhold access; or
(h) providing access could prejudice the investigation or detection by us or by a government body of an unlawful activity or some serious or improper misconduct.
Where we withhold Personal Information we may instead choose to give the Customer a summary of that information.
Written Reasons For Refusal
If we withhold Personal Information we will provide written reasons.
Third Party Intermediary
If we withhold access to Personal Information we will consider whether the provision of access to an independent third party will meet both our and the relevant Customer's needs.
6. WHO TO CONTACT
7. WHAT TO DO IF YOU HAVE A COMPLAINT?
If a Customer has a complaint about the way in which we have handled their Personal Information then they should firstly contact our Privacy Officer. The Privacy Officer will acknowledge receipt of the complaint within five (5) business days and will attempt to resolve the complaint within thirty (30) days of receipt. If the Customer is still not satisfied then they should contact the Australian Information Commissioner for assistance.
8. MODIFICATIONS TO THIS DOCUMENT
9. FURTHER INFORMATION
Further information on privacy can be obtained from the Australian Information Commissioner on 1300 363 992, by email at firstname.lastname@example.org or at www.oaic.gov.au.
VILLAGE ROADSHOW THEME PARKS
PRIVACY COLLECTION STATEMENT
Collection Of Your Personal Information
We may collect personal information from you in a variety of ways including through our websites and social networking services such as Twitter and Facebook, when you seek employment, when you complete competition entry forms, surveys, incident & visitor records, on CCTV footage, use your credit card or enter into contracts or on-line transactions, send us emails, at meetings or on the telephone or at front gate.
What Are The Consequences If You Do Not Provide The Personal Information?
If you do not provide personal information we will not be able to identify you in order to respond or provide a complete and effective service to you.
We will not disclose your personal information other than to our related bodies corporate without your prior consent unless you would reasonably expect us to e.g. where required by law. We do not believe it is likely that we will disclose your personal information to overseas recipients.
Assessing And Correcting Your Personal Information
How To Make A Complaint
How To Contact Us
You can contact our Privacy Officer at:
• Village Roadshow Theme Parks, Pacific Motorway, Oxenford, QLD 4210
• Phone 07 55738481
• Facsimile 07 55738 358