1.1 Funlab Pty Ltd and its subsidiaries (“B. Lucky & Sons”) operate a variety of entertainment businesses throughout Australia. Through these operations, B. Lucky & Sons 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.
2. WHY B. LUCKY & SONS COLLECTS PERSONAL INFORMATION
2.2 Collection of Information In accordance with the NPPs, where practical, Customers of B. Lucky & Sons may deal with B. Lucky & Sons on an anonymous basis. However, as a provider of a wide range of services, B. Lucky & Sons 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 (social media sites; eg Linked In - and 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) B. Lucky & Sons' 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;
(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.
Where B. Lucky & Sons 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 B. Lucky & Sons, B. Lucky & Sons will, where reasonable and practical, provide the Customer with the following information about that third party:
(g) the third party's contact details;
(h) the purpose of collection;
(i) the fact that the Customer can gain access to the Personal Information;
(j) the types of organisations to which their Personal Information may be disclosed by that third party;
(k) any law that requires the Personal Information to be collected; and
(l) the key consequences if all or some of the information cannot be collected.
2.4 'sensitive information' B. Lucky & Sons 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 Customer provides their consent;
(b) the collection of that information is specifically 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 of the information is necessary for the establishment, exercise or defence of a legal claim.
2.5 Customer consent Wherever practical, B. Lucky & Sons will obtain the express consent of Customers to the collection of Personal Information. In some situations, B. Lucky & Sons 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 B. Lucky & Sons making use of the Customer's Personal Information.
2.6 What happens if Personal Information is not provided Where relevant, B. Lucky & Sons will endeavour to make Customers aware that B. Lucky & Sons may not be able to provide a proper service to them if Personal Information is not provided upon request.
3. MAINTENANCE AND MANAGEMENT OF PERSONAL INFORMATION
3.1 Who may view Personal Information In general, only officers, employees or contractors of B. Lucky & Sons may view Personal Information. B. Lucky & Sons will only grant access to parties other than B. Lucky & Sons officers, employees and contractors to view Personal Information where B. Lucky & Sons believes that access is necessary to achieve the purpose for which the Personal Information was collected. B. Lucky & Sons will only disclose Personal Information to parties other than B. Lucky & Sons officers, employees and contractors if:
(a) that disclosure is required to give effect to the purposes for which B. Lucky & Sons collected the Personal Information;
(b) the Customer has consent to that disclosure;
(c) B. Lucky & Sons believes that the disclosure may lessen a risk of harm to the health or safety of any person;
(d) B. Lucky & Sons believes an unlawful activity is being undertaken and the Personal Information is disclosed as part of B. Lucky & Sons's investigation into this activity;
(e) B. Lucky & Sons is required by law to disclose the Personal Information; 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.
B. Lucky & Sons does not use any prohibited identifiers (such as a tax file number) to identify its Customers.
3.3 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, B. Lucky & Sons will endeavour to comply with recognised Australian and international standards relating to information security. B. Lucky & Sons regularly deletes and de-identifies Personal Information if the information is no longer needed by B. Lucky & Sons.
3.4 Updating Personal Information
B. Lucky & Sons 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 their Personal Information at any time by contacting B. Lucky & Sons's Privacy Officer.
B. Lucky & Sons 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. Where B. Lucky & Sons is aware that it is gathering information from a minor, B. Lucky & Sons will obtain consent from a legal guardian for the collection of the information. Where this is not possible, B. Lucky & Sons's staff will make a determination as to the minor's understanding of why the Personal Information is being collected, before deciding to collect that information.
6. DIRECT MARKETING
(a) advise the Customer that he or she can be taken off the mailing list at any time; and
(b) display its contact details clearly in each direct marketing publication. Customers may be taken off any mailing list by contacting B. Lucky & Sons' Privacy Officer.
7. ACCESS TO PERSONAL INFORMATION
Customers may access their Personal Information by contacting B. Lucky & Sons's Privacy Officer. Access is generally granted within 30 days of that request. B. Lucky & Sons may impose a reasonable charge for access.
8. WHEN B. LUCKY & SONS 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 B. Lucky & Sons 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 B. Lucky & Sons and the person and the information would not be required to be discovered to a court;
(f) B. Lucky & Sons is in commercial negotiations with the person and the information would reveal B. Lucky & Sons's intentions;
(g) providing access would be unlawful or B. Lucky & Sons is required by a law to withhold access; or
(h) providing access could prejudice the investigation or detection by B. Lucky & Sons or by a government body of an unlawful activity or some serious or improper misconduct. Where B. Lucky & Sons does withhold Personal Information, B. Lucky & Sons may instead choose to give the Customer a summary of that information.
8.2 Written reasons
If B. Lucky & Sons does withhold Personal Information, B. Lucky & Sons will provide written reasons.
8.3 Third party intermediary
If B. Lucky & Sons withholds access to Personal Information, B. Lucky & Sons will consider whether the provision of access to an independent third party will meet B. Lucky & Sons's and the relevant Customer's needs.
10. WHO TO CONTACT
11. MODIFICATIONS TO THIS DOCUMENT
12. FURTHER INFORMATION
Further information on privacy can be obtained from the Privacy Commissioner at www.privacy.gov.au.