Privacy Policy

DARWIN FESTIVAL PRIVACY POLICY

Our Commitment to Your Privacy

The Darwin Festival Ltd is the organiser of Darwin Festival.

This policy reflects our commitment to ensuring that our collection, holding, use and disclosure of information complies with the provisions of the Privacy Act 1988 (Act), in particular, the Australian Privacy Principles (APPs) set out in Schedule 1 of the Act.

You can download a copy of the Privacy Act here.

You can read the LPA Ticketing Code of Practice here.

1. Personal Information

The Act provides that “personal information” means information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.

We take all reasonable steps to protect the personal information we hold from misuse, loss and unauthorised access, modification or disclosure.

2. Why Darwin Festival Needs to Collect Personal Information

Darwin Festival will need to collect your personal information for a number of different reasons, dependent on the kind of dealings you may have with the Festival. For example, Darwin Festival may need more information about you when you buy a ticket so you can be notified in the case of changes in date or time of a performance, to send out information about upcoming Darwin Festival performances and also for market research purposes.

At any time, you can inform the Festival if you do not want your information used for direct marketing or research purposes by contacting the Darwin Festival Privacy Officer (details at end of page).

3. Use of Your Personal Information

Darwin Festival uses your personal information in order to deliver your ticket, process your payment arrangements, contact you in the case of cancellation or major disruption of an event and replace lost tickets.

In general, the purpose for which we collect your personal information include:

• Placing you on mailing lists either electronically or postal
• To inform you of activities, events and products that may be of interest to you, including Festival news or upcoming events
• Submitting entries to events or competitions
• To assist with inquiries you may have about Darwin Festival
• To maintain our business records
• To seek donations or sponsorship
• To conduct market research
• To carry out transactions with you, such as to process payments and donations received by you
• Any purpose that you would otherwise reasonably expect

An unsubscribe facility is enabled with any broadcast email correspondence.

We also use your information, in anonymous form, for statistical purposes, to gain a better understanding of our audience.

If you no longer wish to receive marketing information from us, you can also contact our Privacy Officer (details at end of page). Please allow 30 days for amendment of our records.

4. Collection of Personal Information

When you purchase your tickets to a Darwin Festival event in person, over the phone or online from Darwin Festival ticketing services or third parties such as ticketing agencies (for example, NTix) or our hired venues (for example, Darwin Entertainment Centre), your personal information will be collected, including your:

• Name
• Residential address and postcode
• Postal address
• Telephone numbers
• Email address
• Purchase details including purchase amount, date of purchase and payment method
• Date of birth
• Credit card details

The terms of your third parties’ privacy policies apply to their collection, holding, use and disclosure of your personal information. Those policies can usually be found on their websites.

Unless you tell them otherwise, the third parties may share your name, contact details and other personal information with us. Our privacy policy applies to our collection, use and disclosure of your personal information once it is disclosed to us by the third party.

Please note Darwin Festival is not given your credit card details by our ticketing agencies or our hired venues.

In the course of conducting our business and providing the services to you, Darwin Festival will also collect the following personal information:

• Identification information including your login credentials;
• History of your communication with us; and
• Details or history of preference, opinions, interests and behaviours related to our services (such as events or performances that you purchase tickets for), and any other activities on our website.

We may also collect any other personal information that is needed to subscribe you to our services, and this includes information that will identify you as an individual. It may include your age or date of birth.

If you are offering services to us or seeking to work with us, we may record and keep your tax file number, ACN or ABN. We will record information that you provide to us in other ways, for example, by interacting with our webpage, responding to marketing programs, through social media or online forums, participating in offers and promotions, or giving us your business card details at events.

We may record or obtain information about you to ensure the security of your transactions with us. This might mean information from our business partners, financial service providers, identity verification services and publicly available sources.

5. Disclosure of Your Personal Information

Darwin Festival takes its obligations with regard to the use and disclosure of personal information very seriously. In general, Darwin Festival will only use or disclose personal information for the primary purpose that it was collected or for a purpose related to the primary purpose that you would reasonably expect it to be used. For example, the Festival may use your information to contact you about a change in the time of a production.

If Darwin Festival wishes to disclose your information to a third party, it will obtain your consent to do so. However, there may be certain exceptional circumstances that will warrant not obtaining your consent such as circumstances where:

• Darwin Festival needs to use or disclose personal information where it believes the use or disclosure is necessary to protect any person and/or any Darwin Festival rights or property; or
• if the use or disclosure of personal information is authorised or required by law (such as if Darwin Festival is required to disclose personal information to a court in response to a subpoena).

For situations where Darwin Festival collects personal information from individuals who are not customers, the Festival will only use the personal information for the main business purpose that it was collected. For example, the Festival may have the contact details of an individual (such as a mobile or email address) who is the “point of contact” within an organisation with which it does business.

6. Disclosure and Other Organisations or Third Party Individuals

Darwin Festival will not sell, rent, trade or otherwise supply to third parties any personal information obtained from you unless you consent. However, Darwin Festival may disclose personal information about you in some circumstances including where contractors and service providers help it operate its business or provide a service such as:

• a company which helps Darwin Festival to operate its computer systems (whose contact details can be obtained from the Darwin Festival Privacy Officer); or
• contractors who assist the Festival to send out our mail (whose contact details can be obtained from the Darwin Festival Privacy Officer); or
• circumstances where the individual would reasonably expect personal information to be disclosed (for example, if those third parties are directly involved in the collaboration of a Darwin Festival production for which the personal information was collected).

If Darwin Festival provides your personal information to promoters or engages contractors and service providers to handle personal information, it requires these organisations or individuals to agree to comply with the Darwin Festival Privacy Policy and the Australian Privacy Principles and with strict conditions governing how personal information is to be handled. Otherwise, you should be aware that Darwin Festival may be required to disclose your personal information without your consent in order to comply with any court orders, subpoenas, or other legal process or investigation, if such disclosure is required by law.

Depending on your location and subject to applicable law, you may have the following rights with regard to the data Darwin Festival collects about you:

• The right to request confirmation of whether Darwin Festival processes personal information relating to you, and if so, to request a copy of that personal information;
• The right to request that Darwin Festival rectifies or updates your personal information that is inaccurate, incomplete or outdated;
• The right to request that Darwin Festival erases your personal information in certain circumstances provided by law;
• The right to request that Darwin Festival restricts the use of your personal information in certain circumstances, such as while Darwin Festival considers another request that you have submitted (including a request that Darwin Festival makes an update to your personal information); and
• The right to request that Darwin Festival exports to another company, where technically feasible, your personal information that it holds in order to provide services to you.

Where the processing of your personal information is based on your previously given consent, you have the right to withdraw your consent at any time. You may also have the right to object to the processing of your personal information on grounds relating to your particular situation.

7. Direct Marketing

Darwin Festival will send direct marketing material to you in situations where:

• the direct marketing material is directly related to the primary purpose that the information was originally collected (for example a ticket buyer who has purchased tickets to Darwin Festival productions will receive direct marketing material about future Darwin Festival productions); and
• it would be in an individual’s reasonable expectations that the information will be used to receive direct marketing material (for example, the above ticket buyer may at times receive information about related events).

At any time, an individual can choose to no longer receive marketing material. On all direct marketing, whether its form is electronic or print, there will be a notice on the material giving the individual the opportunity to agree or disagree from receiving marketing material, or “unsubscribe” from receiving further material. Because of the sensitivity of online bookings, for any online collection of personal information, you will also be given an opportunity to not receive marketing material that is generic or untargeted, such as the Darwin Festival regular electronic newsletter.

If you no longer wish to receive promotional information from Darwin Festival, please advise the Darwin Festival Privacy Officer (details at end of page). You will need to allow 30 days for you records to be amended.

8. Information for Website Users

8.1 Cookies

To help provides services to you, Darwin Festival may use cookies and other technologies on its website. A cookie is a small piece of text sent to your browser by a website you visit. It helps the website to remember information about your visit, like your planner use and other settings. This can make your next visit easier and the site more useful to you. Cookies play an important role – without them, the Festival website would treat you like a new visitor every time.

There are three main types of cookies – here’s how and why Darwin Festival uses them:

1. Site functionality cookies – these cookies allow you to browse the website and access all pages.
2. Site analytic cookies (Google Analytics) – these cookies help Darwin Festival measure and analyse how you use the website.
3. Targeting or advertising cookies – these cookies help Darwin Festival keep track of your site preferences and are used to deliver online marketing and advertising campaigns and materials that are relevant to you.

Darwin Festival may also use electronic images – sometimes called single-pixel GIFs, transparent GIFs, or clear gifs – that allow it to track general user traffic patterns and email open rates. The Festival may also collect information about your online activities on websites and connected devices over time and across third-party websites, devices, apps and other online features and services.

Generally, the information collected by cookies and tracking images may be used for the following purposes:

• to keep track of your opt-in subscriptions and site preferences;
• keeping count of return visits to our website;
• accumulate and report anonymous, aggregate statistical information on email and website usage;
• to optimise online advertising campaigns and deliver you relevant marketing communications.

If you do not wish to receive any cookies you may set your browser to refuse cookies on a site by site basis, however this may mean you will not be able to take full advantage of Darwin Festival services. Darwin Festival does not use cookies to keep personal information of its customers’ use of the Darwin Festival website.

Sometimes the Darwin Festival website contains links to third party websites, for your convenience and information. When you access a non-Darwin Festival website, please understand that Darwin Festival is not responsible for the privacy practices of that site. We suggest that you review the privacy policies of each site you visit.

You can read more about how Google uses data sent from our website by visiting
How Google uses data when you use our partners’ sites or apps

8.2 Remarketing to Website Visitors

We use remarketing services, such as Google AdWords Remarketing, to advertise Darwin Festival online.

Remarketing services will display ads to you based on what parts of the Darwin Festival website you have viewed by placing a cookie on your web browser.

Remarketing services allow us to tailor our marketing to better suit your needs and only display ads that are relevant to you.

If you do not wish to see ads from Darwin Festival you can opt out in several ways:

8. Opt out of Google’s use of cookies by visiting
   Google’s Ads Settings
9. Opt out of a third-party vendor’s use of cookies by visiting the
   Network Advertising Initiative opt-out page

8.3 Third Party Sites

Sometimes our website contains links to third party websites for your convenience and information.

When a user has clicked on a link to another site, they leave the Festival site and are no longer protected by the Darwin Festival Privacy Policy conditions. We recommend that you review the privacy policies for each website you visit.

10. Information for Darwin Festival Social Media Followers

Any information posted on Darwin Festival’s social media pages including Facebook, Twitter and Instagram and/or communicated in chat areas becomes public information. While we strive to protect and respect your privacy, we cannot guarantee the security of any information you disclose via social media, a chat room or bulletin board.

We use aggregate information from our Facebook, Instagram and Twitter accounts to better understand our audience, and answer your queries.

11. Information for Business Associates

10.1 Collection of Your Personal Information

We may collect your personal information, including your:

• Name
• Employer
• Work contact details including your email address
• Personal contact details such as your phone number

in person, over the telephone, by fax, or by email in order to undertake our daily artistic and administrative operations.

For example, we may have your contact details if you are our “point of contact” within an organisation with which we do business.

10.2 Use of Your Personal Information

We will only use your personal information for the business purpose for which it was collected.

10.3 Disclosure of Your Personal Information

We will only disclose your personal information if necessary to achieve the business purpose for which it was collected.

12. Information for Job Applicants (including Volunteers)

If you are applying for a job with us, you may be required to provide us with certain personal information, including your:

• Name
• Residential address
• Postal address
• Telephone numbers
• Email address
• Employment history
• Educational background

This information may be collected in your interactions with Darwin Festival in person, over the telephone, by fax or email, as part of, or in relation to, your job application.

In considering your information, we may also collect information about you from the referees you nominate in your application.

11.1 Use of Your Personal Information

We will only use your personal information for the purposes of considering your application and, if successful, your employment.

11.2 Disclosure of Personal Information

In considering your application, it may be necessary for us to disclose some of your personal information to third parties in order to verify the accuracy of that information.

We will disclose only such information as is necessary in the circumstances.

13. How We Store and Secure Your Personal Information

Your personal information may be stored in either hard copy or electronic format.

Where we engage a third party service provider, we will make sure that appropriate data handling and security arrangements are in place.

We are committed to keeping all personal information secure and have taken reasonable steps to prevent unauthorised access, modification or disclosure. We have implemented technology and security features to make our systems as secure as possible and to safeguard your personal information.

We take reasonable steps to destroy or permanently de-identify any personal information after it can no longer be used.

14. Sensitive Information

‘Sensitive information’ is a specific type of personal information, including information about your health, race, ethnic origin, political opinions, membership of political, professional or trade associations, religious or philosophical beliefs, sexual preferences and criminal history.

The APPs impose greater obligations on us regarding any collection, use or disclosure we make of your sensitive information.

Usually, we do not collect sensitive information.  If for some reason we do need to collect your sensitive information, we will only collect it if:

• you have expressly consented to us doing so;
  (b) we are required to do so by law; or
  (c) the collection is necessary to establish, exercise or defend a legal claim.

15. Your Personal Payment Information

If you are required to pay for the services of Darwin Festival or choose to pay for the services by credit card, your credit card details are not stored with Darwin Festival and cannot be accessed by Darwin Festival staff.

16. Your Right to Anonymity

Where it is lawful and practicable to do so, you may undertake business with us without providing personal information. For example, you may purchase tickets to a Darwin Festival event by cash payment, in person, over the counter, without providing personal information.

17. Mandatory Data Breach

Darwin Festival is aware of and shall comply with the Mandatory Data Breach reporting obligations under the Privacy Act.

18. Access to Personal Information

To obtain a copy of the personal information we hold about you, please contact our Privacy Officer (details below).

You will be required to complete and submit an access form.

You will also be required to provide proof of your identity. If you are applying by:

• Post, email or fax – you must attach a certified copy of your identification to the access form;
• In person – you must produce the relevant information to the Privacy Officer.

Documents that provide sufficient proof of your identity are:

• Your current driver’s license;
• The identifying page of your current passport;
• Your birth certificate; or
• A statutory declaration by an individual who has known you for at least one year.

We will not charge you to access your personal information.

19. Correction of Personal Information

We take all reasonable steps to ensure that the personal information we collect, use and disclose is accurate, complete and up-to-date.

However, the accuracy of that personal information depends to a large extent on the information you provide to us. To help ensure the accuracy of the personal information we hold about you, please inform the Privacy Officer (details at end of page) if:

• You become aware of any errors in the personal information we hold about you; or
• There are any changes to your personal information, such as changes to your name, address or other contact details.

Please allow 30 days for amendment of our records.

20. Privacy Complaints Process

If you wish to complain about how Darwin Festival has handled your personal information, please provide the Darwin Festival Privacy Officer with full details of your complaint and any supporting documentation by email at privacy@darwinfestival.org.au.

The Darwin Festival Privacy Officer will endeavour to:

• provide an initial response to your query or complaint within 10 business days, and
• investigate and attempt to resolve your query or complaint within 30 business days or such longer period as is necessary and notified to you.

21. Privacy Officer Contact Details

For further information about your personal information held by Darwin Festival, access to or correction of that information, privacy issues and the protection of privacy, please contact the Darwin Festival Privacy Officer on:

Telephone: (08) 8943 4200
Email: privacy@darwinfestival.org.au
PO Box 570, DARWIN, NT 0801

We will do our best to resolve any complaint as quickly as possible, and in any event aim to respond to you within 30 days.  If you are not satisfied with our response to your complaint, you can refer the matter to the Office of the Australian Information Commissioner.

Online:  www.oaic.gov.au
Mail:  GPO Box 5218, Darwin NSW  2001
Phone:  1300 363 992
Fax:  02 9284 9666

22. Changes to This Privacy Policy

We reserve the right to change this privacy policy at any time and to notify our customers, business associates and job applicants by posting an updated version of this policy on our website.