1. INTRODUCTION
The Australian Football League (“AFL”) manages and operates the elite Australian football competition in Australia as well as being responsible for a number of game development activities throughout Australia. Through these varied operations, the AFL 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. AFL understands individuals’ concerns regarding confidentiality and takes seriously its obligations in respect of all information it gathers. To safeguard that information, AFL has implemented a program to ensure compliance with the Privacy Act 1988 (Cth) and the National Privacy Principles (“NPPs”). This Privacy Policy outlines how AFL deals with Personal Information.
2. WHY AFL COLLECTS PERSONAL INFORMATION
2.1 Nature of Information
The information AFL collects in most cases relates to Customers but can relate to suppliers and other parties we deal with (for the purposes of this Privacy Policy all such people are described as “Customers”). Information is gathered for a range of purposes, including the provision of ongoing Customer support and the compiling of Customer databases to enable us to provide you with the services you request and helps us plan to improve the level of our services. The type of information we collect includes such things as contact details, opinions and transactional details and may include your name, date of birth, current and previous address, telephone and facsimile number, e-mail address, bank account or credit card details and occupation. We also hold details of AFL services you hold or join including their status. AFL treats all such information which is collected and identifiable as relating to an individual as Personal Information. It is this information which is described as “Personal Information” for the purposes of this Privacy Policy.
2.2 Collection of Information
In accordance with the NPPs, where practical, Customers of AFL may deal with AFL on an anonymous basis. However, as a provider of a wide range of services, AFL 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;
(c) email;
(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 .
Where AFL 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 AFL, AFL 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’
AFL 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, AFL will obtain the express consent of Customers to the collection of Personal Information.
In some situations, AFL 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 AFL making use of the Customer’s Personal Information.
2.6 What happens if Personal Information is not provided
Where relevant, AFL will endeavour to make Customers aware that AFL 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 AFL may view Personal Information. AFL will only grant access to parties other than AFL’s officers, employees and contractors to view Personal Information where AFL believes that access is necessary to achieve the purpose for which the Personal Information was collected.
AFL will only disclose Personal Information to parties other than AFL’s officers, employees and contractors if:
(a) that disclosure is required to give effect to the purposes for which AFL collected the Personal Information;
(b) the Customer has consented to that disclosure;
(c) AFL believes that the disclosure may lessen a risk of harm to the health or safety of any person;
(d) AFL believes an unlawful activity is being undertaken and the Personal Information is disclosed as part of AFL’s investigation into this activity;
(e) AFL 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.
3.2 Identification
AFL 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, AFL will endeavour to comply with recognised Australian and international standards relating to information security.
AFL regularly deletes and de-identifies Personal Information if the information is no longer needed by AFL.
3.4 Updating Personal Information
AFL 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 AFL’s Privacy Officer.
4. MINORS
AFL 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 AFL is aware that it is gathering information from a minor, AFL will obtain consent from a legal guardian for the collection of the information. Where this is not possible, AFL’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.
5. COMPETITIONS
Personal information gathered during competitions run by AFL will be governed by the principles set out in this Privacy Policy unless an express statement is made in relation to privacy in the conditions of entry for the competition.
6. DIRECT MARKETING
Personal Information collected for direct marketing purposes will only be collected, used or disclosed with the consent of the relevant Customer as provided for in this Privacy Policy.
In circumstances where AFL cannot practically obtain the consent of a Customer, then AFL may still engage in direct marketing to that Customer, but will:
(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 AFL’s Privacy Officer.
7. ACCESS TO PERSONAL INFORMATION
Customers may access their Personal Information by contacting AFL’s Privacy Officer. Access is generally granted within 30 days of that request.
AFL may impose a reasonable charge for access.
8. WHEN AFL 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 AFL 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 AFL and the person and the information would not be required to be discovered to a court;
(f) AFL is in commercial negotiations with the person and the information would reveal AFL’s intentions;
(g) providing access would be unlawful or AFL is required by a law to withhold access; or
(h) providing access could prejudice the investigation or detection by AFL or by a government body of an unlawful activity or some serious or improper misconduct.
Where AFL does withhold Personal Information, AFL may instead choose to give the Customer a summary of that information.
8.2 Written reasons
If AFL does withhold Personal Information, AFL will provide written reasons.
8.3 Third party intermediary
If AFL withholds access to Personal Information, AFL will consider whether the provision of access to an independent third party will meet AFL’s and the relevant Customer’s needs.
9. CONTRACTORS
AFL may from time to time employ subcontractors to provide services to it. In these situations, Personal Information may be collected about those subcontractors. This Privacy Policy applies equally to those subcontractors.
10. WHO TO CONTACT
If you have any queries with respect to this Privacy Policy please contact our Privacy Officer at AFL,140 Harbour Esplanade, Docklands Victoria 3008
11. MODIFICATIONS TO THIS DOCUMENT
AFL may modify this Privacy Policy and the way it handles Personal Information at any time in its sole discretion.
12. FURTHER INFORMATION
Further information on privacy can be obtained from the Privacy Commissioner at
www.privacy.gov.au.