The website located at www.spooktober.com.au (the “Website”) promotes, provides information about, and allows users to purchase tickets to, the 2016 Spooktober Halloween event (the “Event”) organised and operated by Dale Pope Events Pty Ltd ACN 161 566 267 (“we”/ “us”/ “our”).
In order for us to provide the Website and host the Event, we need to handle your Personal Information (defined below). We take your privacy seriously.
- When we say “you”, “your” or “User”, we mean you – the user of our Website.
- When we say “Payment Provider”, we mean the payment processing services provider/ merchant facility used by us on our Website.
- When we say the “Privacy Act”, we mean the Privacy Act 1988 (Cth) as amended by the Privacy Amendment Act 2000 (Cth) and the Privacy Amendment (Enhancing Privacy Protection) Act 2012 (Cth).
- When we say “Personal Information”, we mean that term to include any information or opinion, whether true or not, about a person who is identified or whose identity can reasonably be established, and not limited to information in a material form.
- Supply of Personal Information
Before supplying us with any Personal Information, you should ensure that there are no restrictions on you doing so (whether under contract, under the Privacy Act or otherwise).
We are not responsible for any mistake or negligence or other conduct on your part where you supply Personal Information which you are not entitled to supply, but we will take reasonable steps to destroy or de-identify any such wrongfully supplied Personal Information within a reasonable time after you have given us notice.
- How we collect Personal Information
We collect Personal Information where reasonably necessary for the proper function of the Website and to enable you to purchase tickets to the Event. The ways in which we may collect Personal Information include:
- When we receive enquiries or correspondence via the Website;
- Through the use of browser ‘cookies’ or trackers; and
- When you enter into a transaction to purchase a ticket to the Event via the Website.
The kinds of Personal Information we may collect include:
- Your name;
- Your address and postcode;
- Your mobile phone number;
- How you heard about the Event;
- Your image (through photography at the Event);
- Information provided by you to make a purchase on the Website, such as your credit card details;
- Your IP address and computer location; and
- Any information you voluntarily supply us with (e.g. by emailing us or posting to our Facebook or Twitter accounts).
When you browse or use our Website, we may collect non-personal statistical information, in accordance with clause 12 below. Additionally, we may collect information that has not been directly solicited from you, and is reasonably necessary for the proper function of the Website. Where such unsolicited information falls outside this reasonable necessity, we will endeavour to destroy and/or de-identify the information as soon as practicable.
This clause does not exhaustively list the ways in which we may collect Personal Information or the kinds of Personal Information we may collect.
- Credit Card Information
All payments through our Website are processed by PayPal or our Payment Provider (currently MasterCard Internet Gateway Service), depending on your chosen payment method. PayPal or our Payment Provider may request, store and use credit card, bank account, verification information and other billing information provided by you.
We are bound to handle your cardholder data in accordance with the terms of the agreement between us and PayPal and/or our Payment Provider. Any cardholder data input by you will be transferred to our Payment Provider’s website for processing. You agree that your use of PayPal or our Payment Provider’s services will be subject to their respective end user terms and conditions. We will do not store any card data provided by you. However, PayPal or our Payment Provider may store any data provided by you during the payment process in accordance with their terms of service.
- Use of Personal Information
We may use or disclose Personal Information we collect for the following purposes:
- To identify you and authenticate your identity;
- To enable you to use our Website and book tickets to the Event;
- To customise the content of our Website so that it matches your preferences and interests;
- To understand usage trends and patterns and improve your overall experience of the Website;
- To fix problems and respond to feedback and complaints;
- To enforce any agreements between you and us;
- To enable a third party (e.g. our Payment Provider) to provide you with services on our behalf;
- To provide you with direct marketing under clause 7;
- To allow us to run our business and perform administrative and operational tasks such as training staff, risk management, software development, maintaining a database, management our relationships with the Payment Provider and undertaking research, planning and analysis; and
- To contact you about the Website.
We may share and license non-personal statistical data to third parties including advertising or analytics entities. We will endeavour to aggregate this data in such a way as will de-identify individual users.
In addition, the Privacy Act sets down some particular situations called Permitted General Situations where your Personal Information may be disclosed outside of the purposes listed above. “Permitted General Situations” include where we need to take action in relation to unlawful activity relating to our functions, to establish or defend a legal claim, to lessen or prevent a serious threat to public health or safety, or to assist in locating missing people. Other laws, or a court, might also legally compel us to disclose Personal Information.
- Storage of Personal Information
We may store your Personal Information in a variety of ways including in the cloud or other types of networked or electronic storage, including on our servers which are hosted in Sydney, Australia.
We store and make back-ups of certain Personal Information to meet our tax and reporting and other government and administrative obligations, and to ensure that we are able to recover information if our systems experience a fault or outage.
- Direct Marketing
We may use your Personal Information to let you know about our current products and services, Website developments, our new products and services as well as the products and services of our partners and affiliates. We may also send newsletters and other updates about the Event to you. By using the Website, you hereby consent to such marketing communications. In delivering such communications, we will generally contact you via email but may also do so via mail, telephone, instant messaging on the Website or other electronic means.
If you do not wish to receive direct marketing communications from us, you may opt out by contacting [email protected]. We will always give you an opportunity to opt out of receiving marketing communications. We will process all opt-out requests as soon as possible.
- Sharing with Third Parties
From time to time, it may be necessary for us to share your Personal Information with third parties in order for you to fully utilise our Website, including our Payment Provider, third parties within and outside Australia, advertisers and analytics entities. We will take reasonable measures to see that these entities will respect your privacy in line with the Privacy Act or its international equivalent.
9. Privacy Practices of Third Parties
- Access to your Personal Information
You can ask us to provide you with a copy of the Personal Information we hold about you. You do not need a reason for asking, but we may charge you our reasonable expenses for preparing and sending you a copy of your Personal Information. We will try to respond to your request within a reasonable time. If the request would have an unreasonable impact on the privacy of others, the information is commercially sensitive, giving access would be unlawful or the request is frivolous or vexatious, we may not give you the Personal Information requested.
We will take reasonable steps to see that the Personal Information we collect and store about you is accurate, up-to-date and complete. To assist us, please ensure you provide us with your correct details, and let us know if you believe the information we have about you is inaccurate, incomplete, out-of-date or misleading. If you believe the Personal Information collected or used by us or a third party is false or inaccurate, you have a right to have this information corrected. We will endeavour to correct this information within reasonable time, at no expense to you.
Please email [email protected] with any requests for access or correction. We may need to verify your identity when you request your Personal Information.
We take the security and safety of your Personal Information seriously. We will take all reasonable steps to protect your information from misuse, interference and loss, and unauthorised access, modification or disclosure. Unfortunately, no data transmission over the internet can be guaranteed to be completely secure and we cannot make that guarantee. We also cannot guarantee that the Website will be completely free from viruses, surveillance or interception.
We will take reasonable steps to destroy or de-identify Personal Information when it is no longer needed. We may retain and use de-identified information.
- Cookies, trackers and analytics
We may use “cookies” to store data on your computer. The information stored in the cookie is used to identify your browser or device. This enables us to operate an efficient service, to track the patterns of behaviour of Users of the Website and to collect statistical information about visitors to the Website, including but not limited to IP addresses, geographical location, how you arrived at the Website and information about the device being used to access the Website such as the browser or operating system.
- Transfer of Personal Information
- Questions and Complaints
We also have a formal complaints process regarding the use or misuse of your Personal Information. If you have any questions or if you think something is not quite right, please contact us at any time by emailing [email protected].
- Further Information
For further information on your online privacy rights, please contact the Office of the Australian Information Commissioner:
Phone: 1300 363 992
Emaill: [email protected]