1.1 Village Roadshow Group of Companies
Village Roadshow Ltd and its related companies (collectively, “Village”) operate a wide variety of entertainment businesses including the operation of cinemas and indoor games facilities, the distribution of films, videos, music and DVDs.
Through these varied operations, Village from time to time gathers information from Customers and other parties with whom we deal for a variety of reasons including, in particular, to enable us to improve the nature of the services we provide.
Village understands your concerns regarding confidentiality and takes seriously our obligations in respect of all information we gather. To safeguard that information, Village has implemented a program to ensure compliance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (“APPs”).
2. WHY VILLAGE COLLECTS PERSONAL INFORMATION
2.1 Nature of Information
2.2 How Village Collects Personal Information
In accordance with the APPs, where practical, Customers of Village may deal with Village on an anonymous basis. However, as a provider of a wide range of services, Village frequently finds that it is necessary to collect Personal Information during the course of transactions. Personal Information may be collected about Customers via the following means:
(a) competition entry forms;
(b) application forms;
(d) websites (including in some instances cookies);
(e) online transactions;
(f) networking functions (eg: business cards);
(g) over the phone;
(h) credit card details via credit card purchases; and
(i) information collected from third parties.
2.3 Information given to Customers
When Personal Information is collected from a Customer, they are advised at the time of collection or as soon as practical after its collection as to:
(a) Village’s contact details;
(b) the purpose of collection;
(c) the fact that a Customer can access the Personal Information that Village holds about them;
(d) the types of organisations to which their Personal Information may be disclosed;
(e) Whether the Personal information will be disclosed to overseas recipients;
(f) any law that requires the Personal Information to be collected; and
(g) the key consequences if all or some of the information cannot be collected.
Where Village collects Personal Information about a Customer from a third party, and the Customer has not previously consented to that third party providing the information to Village, Village will, where reasonable and practical, provide the Customer with the following information about that third party:
(a) the third party’s contact details;
(b) the purpose of collection;
(c) the fact that the Customer can gain access to the Personal Information;
(d) the types of organisations to which their Personal Information may be disclosed by that third party;
(e) any law that requires the Personal Information to be collected; and
(f) the key consequences if all or some of the information cannot be collected.
2.4 ‘Sensitive Information’
Village will not ask a Customer for information revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, or details of health, disability or sexual activity or orientation, unless:
(a) the collection of that information is specifically authorised by law; or
(b) the collection of the information is necessary for the establishment, exercise or defence of a legal claim.
2.5 Customer consent
Wherever practical, Village will obtain the express consent of Customers to the collection of Personal Information. In some situations, Village will interpret a Customer’s actions as indicating that a Customer consents to the collection of Personal Information. This may occur where the Customer has provided Personal Information for a particular purpose and that purpose cannot be achieved without Village making use of the Customer’s Personal Information.
2.6 What happens if Personal Information is not provided?
Where relevant, Village will endeavour to make Customers aware that Village may not be able to provide a proper service to them if Personal Information is not provided upon request.
Cookies are small pieces of data stored on the web browser on computers. Village websites may store cookies on a Customer’s web browser. The main reasons Village stores cookies are to:
(a) improve Customers’ website browsing experience. For example, to remember a Customer’s search criteria and to remember any site preferences for future visits to the site;
(b) gather statistics on site usage; for example, page views and drop off points so Village can monitor site usage and make improvements to site usability.
3. USE AND DISCLOSURE OF PERSONAL INFORMATION
3.1 Use of Personal Information
Village may use Personal Information for the purposes identified at the time of collection which may include:
(a) to provide and administer Village’s goods and services, such as verifying a Customer’s identity; contacting Customers about orders and bookings; processing payments; training staff; testing its systems; and managing interaction with Village’s suppliers;
(b) to provide and operate Village’s competitions, promotions and events;
(c) to distribute Village’s newsletters and other communications by itself or with the assistance of third party services providers;
(d) for Customer support, including resolving and providing assistance for orders or tickets or to respond to other enquiries or requests;
(e) to conduct marketing activities for Village’s products and services, or products and services of third parties, and to conduct market and other research to improve Village’s products, services and marketing activities;
(f) to register any shareholding Customers may have in Village and to contact them in relation to any shareholding;
(g) to conduct market research and analysis;
(h) to provide information technology services such as data storage, distribution services, communication networks, software and system development, maintenance and support, and information processing, analysis and reporting;
(i) to provide services in the course of investigating a complaint or a security incident;
(j) for the purposes of a confidential alternative dispute resolution process; or
(k) to maintain records and comply with Australian law.
3.2 Disclosure of Personal Information
In general, only officers, employees or contractors of Village may view Personal Information.
Village will only grant access to parties other than Village’s officers, employees and contractors to view Personal Information where Village believes that access is necessary to achieve the purpose for which the Personal Information was collected.
From time to time, Village may grant access to service partners, companies or individuals with whom it shares some common commercial interest to view Personal Information where Village believes that access is necessary to achieve the purpose for which the Personal Information was collected.
To the extent that these service partners, companies or individuals are located in Australia and Village gives them access to a Customer’s Personal Information, they are subject to privacy legislation which prevents the Personal Information being used for any other purposes. Village will only disclose Personal Information to parties other than Village’s officers, employees and contractors without a Customer’s consent if:
(a) Village believes that the disclosure may lessen a risk of harm to the health or safety of any person;
(b) Village believes an unlawful activity is being undertaken and the Personal Information is disclosed as part of Village’s investigation into this activity;
(c) Village is required by law to disclose the Personal Information; or
(d) 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.
3.3 International transfers
Village may disclose Personal Information to countries outside Australia. Village will only do so in compliance with all applicable Australian data protection and privacy laws. Village will take reasonable steps to protect Personal Information no matter what country it is stored in or transferred to.
Village does not use any prohibited identifiers (such as a tax file number) to identify its Customers.
3.5 Storage and Security
Personal Information may be stored in either hard copy form or on computer or both. Hard copy Personal Information is wherever practical, kept under locked security. Personal Information stored on computer is wherever practical, password protected. Where possible and practical, Village will endeavour to comply with recognised Australian and international standards relating to information security. Village regularly deletes and de-identifies Personal Information if the information is no longer needed by Village.
3.6 Updating Personal Information
Village regularly monitors the quality and accuracy of Personal Information that it maintains and where practical, updates that information on a regular basis. Customers can update or correct their Personal Information at any time by contacting Village’s Privacy Officer.
Village has adopted the position proposed by the Privacy 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. When obtaining personal information from minors, Village’s staff will make an objective determination before collecting that information as to whether the persons involved would be able to provide informed consent to the use of their personal information.
6. DIRECT MARKETING
(a) include an 'unsubscribe' facility so Customers can unsubscribe from the mailing list at any time; and
(b) clearly and accurately identify the sender of the message; and
(c) include information about how Customers can contact Village if Customers wish to be removed from any mailing list or to contact Village’s Privacy Officer.
7. ACCESS TO PERSONAL INFORMATION
Customers may access their Personal Information by contacting Village’s Privacy Officer. Any request to provide access to this information will be dealt with within a reasonable time.
8. WHEN VILLAGE MAY WITHHOLD ACCESS TO PERSONAL INFORMATION
8.1 When access can be withheld
Access to Personal Information may be withheld in a number of circumstances. These include 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 Village did so expressly on the condition that it remains confidential;
(d) the request is vexatious or frivolous;
(e) the information relates to current or anticipated legal proceedings between Village and the person and the information would not be required to be discovered to a court;
(f) Village is in commercial negotiations with the person and the information would reveal Village’s intentions;
(g) providing access would be unlawful or Village is required by a law to withhold access; or
(h) providing access could prejudice the investigation or detection by Village or by a government body of an unlawful activity or some serious or improper misconduct.
Where Village does withhold Personal Information, Village may instead choose to give the Customer a summary of that information.
8.2 Written reasons
If Village withholds access to Personal Information, Village will provide written reasons to the extent required and how the Customer may complain about the refusal.
8.3 Third party intermediary
If Village withholds access to Personal Information, Village will consider whether the provision of access to an independent third party will meet Village’s and the relevant Customer’s needs.
10. WHO TO CONTACT
Village is committed to working with its Customers to obtain a fair resolution of any complaint or concern about privacy.
If you have a concern about your privacy or you have any query on how your Personal Information is collected or used please contact Village using the details below. We will respond to your query or complaint within a reasonable time. If you are not satisfied with Village’s response, you may also contact the Office of the Australian Information Commissioner.
Write to us at: Privacy Officer
Village Roadshow Limited
Level 1,500 Chapel Street
South Yarra, Victoria 3141