1 GENERAL POLICY
Macquarie Media Limited (MML), through its subsidiaries, owns and operates established commercial radio stations. It also owns and operates the Websites (as set out in Schedule 1) (the Websites).
MML takes its privacy obligations seriously, and is committed to ensuring that its dealings with the personal information of its listeners, advertisers and others comply with the Australian Privacy Principles contained in the Privacy Act 1988 (Cth) (the Act). As a media organisation, certain acts done or engaged in by MML in the course of journalism are exempt from the operation of the Act. In relation to its journalism activities, MML is committed to observing the standards of privacy protection that have been published by Commercial Radio Australia (CRA), of which MML is a member. Those standards are set out in the CRA “Codes of Practice and Guidelines”, which are available on the CRA website at www.commercialradio.com.au.
2 COLLECTION OF PERSONAL INFORMATION
2.1 What kind of personal information do we collect?
MML may collect personal information including (but not limited to) the following: your title, name, address, email address (personal and work), telephone numbers, gender, date of birth, photograph and payment details. We may also collect other types of personal information that you share with us in connection with:
a) an on-air conversation (or possible conversation) with a radio presenter;
b) your entry into a competition or trade promotion;
c) your submission of an item for our online classifieds services (“Sell, Swap & Buy”);
d) your participation in an online tipping competition; and
e) your feedback (including complaints) in relation to our programs and other services.
We also collect other information that is reasonably necessary for, or directly related to, our business functions and activities.
2.2 How do we collect personal Information
We generally collect personal information from you when you communicate with us, interact with our Websites or when we communicate with each other. For example, we generally collect personal information via the following means (although there may be others):
a) Telephone – when you engage with us via telephone including when you call in to take part in a talkback program, to enter a competition or provide us with feedback;
b) Written communication with us– when you write to us for any reason, including through any third parties such as recruitment portals eg Seek or LinkedIn ;
c) Websites – when you contact us via the Websites or the mobile apps (for example, using the “Feedback”, “Listener Complaints” or “Contact Us” forms), register or log in to a user account, enter a competition or trade promotion, participate in online tipping competitions, or submit an item on “Sell, Swap and Buy”, and through the use of third-party cookies (flash and non-flash), web spiders, web crawlers, web beacons and similar technology. We also collect information from your use of our website and/or mobile apps through cookies and similar technology. This is information which includes your location using your IP address, information about your device, what pages or services you access on our website or app;
d) Offsite competitions – when you enter a competition conducted at a third party’s premises;
e) Social media – when you post or like something on one of our social media pages or share our content on other social media pages.
In most instances, we collect personal information directly from you. However, there may be circumstances where we collect information about you from third parties or via other methods. For example, some of our Radio Stations may use software to collect your personal information if you have “Caller ID” attached to your telephone number and our Websites may use third-party cookie software and similar technology.
2.3 Why do we collect your personal information?
Where MML collects and holds your personal information, it is collected and held for our business purposes, which include providing products and services to you, administering our relationship with you and understanding your interaction with MML. These purposes include (but are not limited to) the following:
a) Talkback and other on-air communications – to enable on-air presenters to appropriately address you, know the subject matter of your call and whether you’ve called previously. Please note that MML reserves the right to publish its broadcasts and other content (including any personal information included in them) in any format and on any medium;
b) Research and program preparation – to enable us to prepare off air for programs or news stories;
c) Competitions – to facilitate the conduct of competitions and trade promotions, including online tipping competitions;
d) Newsletter and special offers – to provide you with details of events, products and services of MML and our advertiser partners via our newsletters and special offer emails. When you choose to subscribe to our website and/or sign up to our newsletter, special offers, win or opinion poll, we will store your personal information on our database. At any time you may choose to unsubscribe from these services and contact us via the links provided in the communication (or otherwise via firstname.lastname@example.org) to request removal from our database;
e) Advertisers – if you or your company purchases advertising from MML or a related company, we will collect your business contact details in order to provide you or your company with our services, and to provide you with information about our services and future promotions;
f) Feedback and Complaints – to comply with our obligations under the Commercial Radio Australia Codes of Practice or the Broadcasting Services Act 1992 (Cth) or to improve our products and services;
g) Recruitment purposes – when we conduct recruitment processes; and
h) Third Party Data Analytics – we also may collect information from your use of our website and app on an anonymised and aggregated basis for the purpose of sharing that information with third party data analytic providers. This data is then used to provide personalized advertising on our website or app. We do not provide any personal information identifying you as an individual to any third party data analytic providers. This information is used to monitor and analyse trends and better understand how you interact with us and our services.
3 USE AND DISCLOSURE OF YOUR PERSONAL INFORMATION
We generally use and disclose personal information for the purpose for which it was originally collected (see section 2(c) for a description of these purposes). We may also use or disclose it for another purpose if you consent to that secondary purpose, or where you would reasonably expect us to use or disclose it for that secondary purpose (and the secondary purpose is related to the purpose for original collection).
In addition, MML may use or disclose personal information:
a) in response to a legal requirement;
b) where required or authorised by or under an Australian law (including the Act) or court/tribunal order;
c) if we reasonably believe that the use or disclosure is:
i) reasonably necessary for an enforcement related activity conducted by or on behalf of an enforcement body;
ii) necessary to lessen or prevent a serious threat to the life, health or safety of any individual, or to public health or safety, and it is unreasonable or impracticable to obtain your consent;
iii) necessary in order to take appropriate action where we have reason to suspect that unlawful activity, or misconduct of a serious nature, that relates to our functions or activities has been, is being or may be engaged in; or
iv) reasonably necessary in order to locate a person reported as missing; or
d) if reasonably necessary for the establishment, exercise or defence of a legal or equitable claim, or for the purposes of confidential alternative dispute resolution.
Your personal information may be disclosed to:
a) advertiser companies – where we run competitions in conjunction with our advertiser partners, we will offer you the opportunity to be contacted by those companies, but will not disclose your personal information to them unless you have expressly consented to such disclosure;
b) external service providers, for example in relation to their storage and management of databases, management of website and email traffic, processing of credit card information and fulfilment of orders from our online shop – this disclosure will always be on a confidential basis and such service providers will be limited in their use of your information to the purpose of MML’s activities only;
c) specialist advisers who have been engaged to provide legal, administrative, financial, insurance, research, marketing or other services;
d) regulatory bodies – which oversee or impact upon MML’s operations;
e) related bodies corporate of MML; and
f) any other person authorised by you, as specified by you.
It is likely that your personal information will be stored in overseas countries. If we disclose your personal information to third parties, we impose strict obligations of security and confidentiality regarding the way they handle that information. We do not grant them permission to sell or transfer your personal information.
When you submit items on the “Sell, Swap & Buy” platform, certain personal information may be visible to other users (for example, your location and your name, if your username discloses your name). By submitting personal and other information on that platform, you consent to third parties viewing those details.
MML may at other times notify you about its disclosure practices in relation to specific services that it provides in relation to its activities.
4 HOLDING AND SECURING YOUR PERSONAL INFORMATION
Once collected, we may hold your personal information in a number of different formats, including (but not limited to) software programs (located both onsite and offsite, including in the cloud), databases, filing systems, in offsite backup storage and in other similar technology.
MML takes all reasonable steps to protect your personal information from loss, unauthorised access, modification, disclosure, interference or other misuse.
5 SENSITIVE INFORMATION
MML does not generally collect sensitive information as that term is used in the Act (including information relating to your racial or ethnic origin, membership of political bodies, religion or trade unions, sexual preferences or activities, criminal record, state of health or medical history). However, in some instances, such information might be disclosed during the course of your interaction with us, for example during a talkback conversation. If MML holds any sensitive personal information about you, that information will only be used and disclosed by MML if you have consented to such use and disclosure (your provision of that information will be taken to be consent), and will only be used and disclosed for the purpose that it was provided by you.
6 ACCESS TO AND CORRECTION OF YOUR PERSONAL INFORMATION
At any time, you may request access to personal information about you that MML holds by contacting our Privacy Officer at email@example.com or by mail addressed to the Privacy Officer, Macquarie Media Limited, Level 1, Building C, 33-35 Saunders Street, Pyrmont, NSW, 2009. MML will process your request within a reasonable time. If MML is not legally required to provide access to the personal information requested and exercises its discretion not to provide that information, we will let you know our reasons for doing so. We may charge you for the cost of accessing your personal information, but if we do so the charge will not be excessive and will not apply to the making of the request.
Please notify MML promptly if there are any changes to your personal information. If you have an MML account, you can access and update personal information you have entered in relation to that account by logging in and accessing or updating that information. Alternatively, you may ask MML at any time to correct personal information it holds about you by contacting our Privacy Officer using the details above and MML must respond to you within a reasonable time.
If you have a complaint about MML’s compliance with the Australian Privacy Principles, you should contact our Privacy Officer using the details in section 6. MML will investigate your complaint and respond to you within a reasonable time and in accordance with its legal obligations. It will take any necessary corrective actions promptly.
For further information about privacy issues, see the Office of the Australian Information Commissioner’s website at www.oaic.gov.au.
8 PROCEDURE FOR DATA BREACHES
We do all we can to ensure your data is collected, used and held securely. If at any time we become aware of unauthorised access to or disclosure of personal information held by us and this is likely to result in serious harm to any individual to whom the information relates we will follow the applicable data breach notification requirements including to notify the individual involved and the relevant Regulator.
It is a condition of accessing the Websites and providing us with personal information, that you will not interfere in any way with any other persons or entity’s personal data or information.
10 EU RESIDENTS
If you are based in the European Union there are specific regulations that apply in relation to the collection, processing and storing of your personal information by organisations covered by those regulations.
To the extent that those regulations apply to any personal information we collect, process, disclose or store about you, we will comply with those regulations.
If you are based in the European Union and are under the age of 16, you agree that you must not provide us with your personal information unless your parent or guardian provides their express consent for doing so.
Please note: We do not develop, target or direct our Websites, products or services towards children situated outside Australia. We do not knowingly collect personal information about children under 16 years of age. If you believe a child in your care has provided us with personal information or data and you would like to request us to look into removing the data from our servers, please write to firstname.lastname@example.org