NICKELODEON
AUSTRALIA PRIVACY POLICY
Nickelodeon Australia Management Pty Ltd (ACN 071 493 340)
and its related bodies corporate (“we”,
“our”, “us”), are committed to protecting and respecting your privacy.
This
Privacy Policy explains when and why we collect personal information
about people who visit our website, how we use it,
the conditions under which we may disclose it to others
and how we keep it secure.
If you
have any questions or concerns please contact us at vimnau.privacy@vimn.com
We respect your rights to privacy under the Privacy Act
1988 (Cth) (the “Act”) and we comply with all of the Act’s
requirements in respect of the
collection, management and disclosure of your personal information.
In
the event of a data breach, we are committed to complying in all respect with
the requirements of the Act and where required, the provisions of the EU GDPR,
being the General Data Protection Regulation (regulation 2016/679 of the
European Parliament and of the Council).
We may give certain words
that are used in this Privacy Policy a particular meaning which will be set out
where these words are featured in bold within inverted commas like this: “words”.
1.
CHANGES TO THIS
POLICY
We may need to make changes to this Privacy Policy in the future, for example
to reflect changes in the law, changes in the type of services or information
we provide to you or collect from you, or to correct any errors. We will try to
keep all such changes to a minimum. We recommend that you check this policy
from time to time to see if it has changed. We will always state at the bottom
of this policy the date on which it was last updated.
If you continue to use our
services after our Privacy Policy changes you will be bound by those changes.
2.
WHAT IS YOUR
PERSONAL INFORMATION?
When used in this
Privacy Policy, the term personal information has the meaning given to it in
the Act. In general terms, it is any
information that can be used to personally identify you. This may include your name, address,
telephone number, email address and profession or occupation. If the information we collect personally
identifies you, or you are reasonably identifiable from it, the information
will be considered personal information.
3.
WHAT PERSONAL INFORMATION DO WE COLLECT AND
HOLD?
a. We may collect the following types of personal information:
i.
name;
ii.
mailing or street address;
iii.
email address;
iv.
telephone number, including VOIP details where
contact is made via a VOIP service (for example, Skype or Viber);
v.
age or birth date;
vi.
profession, occupation or job title;
vii.
IP address;
viii.
nationality;
b. Additionally
we may collect the following types of information:
i.
details of the pages you have visited and the
content you have watched on our websites, including the date visited, the
number of times visited, the number of pages viewed, time spent viewing those
pages, navigation patterns and information about the sites you visited prior to
or after visiting our websites (for example, when you click a click-through
link);
ii.
details relating to any complaint, feedback or
enquiry you have made directly to us by way of email, telephone, our websites
or social media accounts;
iii.
any additional information relating to you that you
provide to us directly through our websites or social media accounts, or
indirectly through use of our websites, social media accounts or any other online
presence, through our representatives or otherwise;
iv.
information you provide to us through contacting
our staff, completing customer surveys, attending our live events, or during visits
by our representatives from time to time;
v.
where you have provided us with any services for
which payment is to be made, your ABN, business name and address, and bank
account details;
vi.
employment history and other information you may
provide when you apply for a job with us, or when you send us your résumé;
vii.
personal information belonging to a parent or
guardian, including where you are under 18 and have been asked to provide this
information as part of entering a promotion or participating in an event;
viii.
information including drivers licence,
passport and credit card details, for purposes including where we or third
parties on our behalf are providing you with flights or accommodation, for
example as part of prize fulfillment for a competition you have won, or where
you are travelling as a guest of a competition winner, or where we need to
verify your age or identity to provide you with access to our services; and
ix.
information collected using cookies, web beacons
and other tracking systems (see the “Cookies” section below for more details on
how we use cookies and how you can disable them if you choose to do so).
c. We may also collect some information that is
not personal information because it does not identify you or anyone else. For example, we may collect anonymous answers
to surveys or aggregated information about how users use our website.
d. For
competitions held on our website, we may be required to collect your name,
address, date of birth and other personal identification verification
information under the state gaming legislation applicable to the state in which
the competition is being held, for example, the Gaming and Liquor
Administration Act 2007 (NSW)
for trade promotions and competitions held in New South Wales.
4.
HOW DO WE COLLECT YOUR PERSONAL INFORMATION?
a. We collect your personal information directly from you unless it is
unreasonable or impracticable to do so. When collecting personal information
from you, we may collect in ways including:
i.
when you provide information about yourself to
enter one of our competitions or promotions, for example on our websites, via
our social media accounts or at an event;
ii.
when you opt-in to receive any of our newsletters
or other marketing information; or
iii.
when you post any comments regarding us or our
services on our websites or social media accounts;
iv.
through your access and use of our websites;
v.
through your use and interaction with our social
media accounts, for example, when you “like” us on Facebook, or follow us on
Twitter or Instagram, or when you comment or post on sites of this nature;
vi.
when you log into our websites using your Facebook
or Twitter account details;
vii.
when you access our mobile websites via your smart
phone or tablet;
viii.
when you contact us with an enquiry or provide feedback via telephone, our
websites, email or our social media accounts;
ix.
when you visit our premises, including without limitation, signing in at
our reception desk;
x.
when you register for the guest list of an event we host;
xi.
when you complete a release form, for example when you participate in
audio, visual and/or audio-visual content we may record from time to time for
our programs and services;
xii.
where you provide your information to photographers or RFID service
providers at our events for the purposes of identifying you in event
photographs and content;
xiii.
if you apply for a job, internship or work
experience, or send your résumé to us for any other purpose;
xiv.
if we engage you, your business or person/s you or
your business represents to provide us with any services;
xv.
if you participate in a survey, research
group/panel or other research activity conducted by us;
xvi.
if you complete a vendor set up form for payment or provide us with any
other details (including bank account information) to allow us to make a
payment to you; or
xvii.
if you send us any personal information by post,
including competition entries or correspondence to our employees or talent.
b.
Visitors to our premises additionally acknowledge
that we use a third party to collect information, including Personal Data, when
you register at our reception desk. If you would like further information about
how we use this third party, please contact our Privacy Officer at vimnau.privacy@vimn.com.au.
c.
Users of our websites additionally acknowledge that
we use a third party to collect research information from our websites,
including through the use of cookies (flash and non-flash) and web beacons,
however this process does not contain any personal information. If you would
like further information about how we use this third party service to collect
and use information on our websites, please click here.
d. We may also collect personal information about you from others, including
family members (where you are under 18 and have entered a competition or
otherwise authorized us to contact your parent/guardian) or friends if you are
an accompanying guest for the purposes of a competition or an event, from third
party companies such as credit reporting agencies and research companies, from law
enforcement agencies, the New South Wales Office of the Children’s Guardian
(and other state equivalent bodies), and other government entities.
5.
COOKIES
a. In some cases we may also collect your personal information through the use
of cookies. Cookies are small text files
that websites automatically save to the cookie file of the browser on your
computer when you enter the website. When you access our
websites, we may send a cookie to your computer. This enables us to recognize your computer and
greet you each time you visit our websites without bothering you with a request
to register. It also enables us to keep
track of products or services you view so that, if you consent, we can send you
news about those products or services.
We also use cookies to measure traffic patterns, to determine which
areas of our websites have been visited and to measure transaction patterns in
the aggregate. We use this to research
our users’ habits so that we can improve our online products and services.
b. We may log IP addresses (that is, the electronic addresses of computers
connected to the internet) to analyze trends, administer the website, track
users movements, and gather broad demographic information.
c.
We may use third party advertising companies to serve
advertisements on our online services. By using such services, you consent to
the processing of certain data about you as described within. The ads you
receive may be influenced by various factors, including your browsing history
prior to visiting this website. Third party advertising companies may use
information (not including your name, address, email address or telephone
number) about your use of our online services in order to provide
advertisements about goods and services that may be of interest to you. In the
course of serving advertisements, our third party serving network may place or recognize
a unique "cookie" (a text file) on your browser. The
information stored in the cookie is used to reference information for standard
reporting purposes such as delivered advertising campaigns or banners on
websites that are using third party advertising companies as their ad
serving system. This is a "persistent" cookie, which
means that it is stored on your computer and will remain there until it expires
or you remove it. While cookie and IP address information may be transferred to
international responding data centres, only the
cookie information of the requested ad domain is stored within the standard
records. IP
address information is obfuscated after being used to identify attributes
associated with the IP address such as location (country, city) or bandwidth.
The obfuscating of the IP address leads to anonymisation of the data. The ad serving networks
may also make use of other technologies, such as "web beacons", in
order to improve the relevance of the ads you receive. You have the option not to
participate in third party advertising company analysis by selecting the
appropriate setting on your browser. By using our online services, you
acknowledge the third party advertising companies we use may be members of the
Network Advertising Initiative (NAI). If you are viewing our content from New
Zealand, you can opt out of interest-based advertising delivered by such
companies using cookies by clicking on http://www.networkadvertising.org/managing/opt_out.asp. Additionally,
we may utilise
third party pixels, including the Facebook Pixel, which may use cookies, web
beacons and other storage technologies to collect or receive information from
our online services (including but not limited to our branded websites, apps
and social networking websites) to provide measurement services and targeted
advertising to you. You acknowledge that by using Facebook and Instagram, you
make a commitment under its Terms of Service that you are at least thirteen
(13) years old to use their online services.
d.
If you do not wish to receive cookies, you can set
your browser so that your computer does not accept them. You can use the
"Help" or “Customize and Control” section of the tool bar on most
browsers to change the settings on your computer, for example to notify you
when you receive a “cookie”, to allow websites to save and read cookie data or
to refuse all cookies (including to block third-party
cookies). However, some of the features of our online services may not work
properly (including but not limited to the Facebook Pixel) may be more
difficult to access if you refuse all cookies.
e.
Further information about how cookies work can be
found here.
f.
Generally, opt-out of cookies may be
done via http://www.youronlinechoices.com.au/ or similar.
6.
WHAT HAPPENS IF WE CAN’T COLLECT YOUR
PERSONAL INFORMATION?
a. If you do not provide us with the personal information described above,
some or all of the following may happen:
i.
we may not be able to provide the requested
products or services to you, either to the same standard or at all;
ii.
we may not be able to provide you with information
about products and services that you may want, including information about competitions,
events or special promotions;
iii.
we may be unable to tailor the content of our
websites to your preferences and your experience of our websites may not be as
enjoyable or useful;
iv.
we may not be able to answer enquiries, provide feedback,
process and respond to any complaint made by you and provide information or
advice about our products and services;
v.
we may not be able to allow you to enter our
premises; or
vi.
we may not be able to include you in our content.
7.
FOR WHAT PURPOSES DO WE COLLECT, HOLD, USE
AND DISCLOSE YOUR PERSONAL INFORMATION?
a. We collect personal information about you so that we can perform our business
activities and functions and to provide best possible quality of customer
service.
b. We collect, hold, use and disclose your personal information for the following
purposes:
i.
to provide products and services to you and to send
communications requested by you;
ii.
to answer enquiries, provide feedback and provide
information or advice about existing and new products or services on our
channels;
iii.
to provide you with access to protected areas of
our websites;
iv.
to assess the performance of our websites and to
improve the operation of the websites;
v.
to conduct business processing functions including
providing personal information to our related bodies corporate, contractors,
service providers or other third parties;
vi.
for the administrative, marketing (including direct
marketing), planning, product or service development, quality control and
research purposes;
vii.
to verify your age when we are providing services,
content or access to events which are subject to age restrictions;
viii.
for the purposes of prize fulfillment where you
have entered and won a promotion;
ix.
for research purposes where you have consented to
and participated in research activities;
x.
with your express consent (for example, when you
check a box to agree), to make your information available from time to time to
trusted partners and third parties, for the same purposes as set out in (vi) above (which will be in accordance
with the privacy policies of such trusted partners and third parties);
xi.
to provide your updated personal
information to our related bodies corporate, contractors or service providers;
xii.
to confirm we hold the necessary clearance rights
in content we create;
xiii.
to update our records and keep your contact details
up to date;
xiv.
to process and respond to any complaint made by
you;
xv.
to keep track of who is on our premises for safety
and other reasons;
xvi.
to assess your suitability for an employment role
you may have applied for or expressed interest in; and
xvii.
to comply with any law, rule, regulation, lawful
and binding determination, decision or direction of a regulator, or in
co-operation with any governmental authority of any country.
c.
You further acknowledge that providing information
to our related bodies corporate will sometimes require us to transport your
personal information overseas, by way of online servers or cloud-based
services, as set out in Item 12 below.
d. Your personal information will not be shared, sold, rented or disclosed
other than as described in this Privacy Policy.
8.
TO WHOM MAY WE DISCLOSE YOUR INFORMATION?
a. We may disclose your personal information to:
i.
our employees, contractors, related bodies
corporate, companies in the ViacomCBS International
Media Brands group of companies, contractors or service providers for the purposes of operation of our websites or our business, fulfilling requests by
you, and to otherwise provide products and services to you including, without
limitation, web hosting providers, IT systems administrators, mailing houses,
couriers, payment processors, data entry service providers, electronic network
administrators, debt collectors, and professional advisors such as accountants,
solicitors, business advisors and consultants;
ii.
suppliers and other third parties with whom we have
commercial relationships, for business, marketing, and related purposes;
iii.
third party prize suppliers for the purposes of
providing prizing for competitions you have entered and won;
iv.
third parties to whom we are licensing or assigning
production content in which you have agreed to participate for which you have
completed a release form;
v.
travel agencies and service providers where we book
travel and/or accommodation on your behalf, for example as part of prize
fulfillment for a competition you have won, or where you are travelling as a
guest of a competition winner;
vi.
our affiliates (for example, Foxtel) or suppliers
for the purposes of addressing any complaint relating to our services that you
have made directly to us; and
vii.
any organisation for any
authorised purpose with your express consent.
b. We may combine or share any information that we collect from you with
information collected by any of our related bodies corporate (within
Australia).
8A. DIGITAL AUDIENCE MEASUREMENT
a. Nielsen
is a global information, data and measurement company for fast-moving consumer
goods, consumer behaviour and media, providing
companies with a comprehensive understanding of what consumers watch, what they buy
and how those choices intersect. This website may include Nielsen’s proprietary
digital audience measurement software, for the purposes of market research
(including Nielsen Digital Content Ratings) and audience ratings services. You
can access more information about the measurement software and learn about
choices with regards to Nielsen measurement here. If you wish to opt out, you may do so here.
9.
DIRECT MARKETING MATERIALS
a. We may send you direct marketing communications and information about our
products and services that we consider may be of interest to you. These communications may be sent in various
forms, including mail, SMS and email, in accordance with applicable marketing
laws, such as the Spam Act 2003 (Cth). You consent to
us sending you those direct marketing communications by any of those
methods. If you indicate a preference
for a method of communication, we will endeavour to
use that method whenever practical to do so.
In addition, at any time you may opt-out of receiving marketing
communications from us by contacting us (see the details below) or by using
opt-out facilities provided in the marketing communications and we will then
ensure that your name is removed from such communications list or lists.
b. Unless you expressly consent to us doing so, for example, by selecting a
check box when entering a competition on our websites, we do not provide your
personal information to other organisations for the
purposes of direct marketing.
10.
HOW CAN YOU ACCESS AND CORRECT YOUR PERSONAL
INFORMATION?
a. You may request access to any personal information we hold about you at any
time by contacting us (see the details below) and opt out of our databases
holding personal information. Where we
hold information that you are entitled to access, we will try to provide you
with suitable means of accessing it (for example, by mailing or emailing it to
you). We may charge you a fee to cover
our administrative and other reasonable costs in providing the information to
you. We will not charge for simply
making the request and will not charge for making any corrections to your
personal information.
b. There
may be instances where we cannot grant you access to the personal information
we hold. For example, we may need to
refuse access if granting access would interfere with the privacy of others or
if it would result in a breach of confidentiality. If that happens, we will give you written
reasons for any refusal.
c. If you believe that personal information we hold about you is incorrect,
incomplete or inaccurate, then you may request us to amend it. We will consider if the information requires
amendment. If we do not agree that there
are grounds for amendment then we will add a note to the personal information
stating that you disagree with it.
d.
Please note that to update your details in any
social networking sites, whether accessed directly, or via our websites as a
login feature, you will need to contact the operators of those social
networking sites directly.
11.
WHAT IS THE PROCESS FOR COMPLAINING ABOUT A
BREACH OF PRIVACY?
a.
If you believe that your privacy has been breached, please contact our
Privacy Officer using the contact information below and provide details of the
incident so that we can investigate it.
b.
We request that complaints about breaches of privacy be made in writing,
so we can be sure about the details of the complaint. Our Privacy Officer deals with privacy
complaints and any complaints should be directed to our Privacy Officer using
the contact details below. We will
attempt to confirm as appropriate and necessary with you your understanding of
the conduct relevant to the complaint and what you expect as an outcome. We will inform you whether we will conduct an
investigation, the name, title, and contact details of the investigating
officer and the estimated completion date for the investigation process.
c.
After we have completed our enquiries, we will contact you, usually in
writing, to advise the outcome and invite a response to our conclusions about
the complaint. If we receive a response
from you, we will assess it and advise if we have changed our view.
12.
DO WE DISCLOSE YOUR PERSONAL INFORMATION TO ANYONE
OUTSIDE AUSTRALIA?
a.
We may disclose personal information to our related
bodies corporate and third party suppliers and service providers located
overseas for some of the purposes listed above.
b.
We take reasonable steps to ensure that the
overseas recipients of your personal information do not breach the privacy
obligations relating to your personal information. Where
we transfer information to persons outside of Australia, we take reasonable
steps to ensure that recipients of such information do not breach the
Australian Privacy Principles (and where appropriate the GDPR) in relation to
that information by entering into binding contractual arrangements with such
third parties.
c.
We may disclose your personal information to
entities located outside of Australia, including the following:
i.
our related bodies corporate
located in the United States;
ii.
our affiliate partners located in New Zealand;
iii.
companies that form part of ViacomCBS
Networks International, located in the United Kingdom, United States, Germany,
The Netherlands, Hungary, Japan and Singapore;
iv.
our data hosting, IT service providers and finance
service providers, located in the United States, the United Kingdom, Japan,
Germany, The Netherlands, Hungary, Japan and Singapore; and
v.
other third parties located in the United States,
the United Kingdom, New Zealand, Japan, Germany, The Netherlands, Hungary,
Japan and Singapore.
d.
We may also disclose your personal information overseas where we are
running a promotion which includes travel or a prize that is located overseas
(for example, tickets to our Kids Choice Awards). In these circumstances,
we may be required to give your information to a partner or sponsor of that
promotion, or to event operators or prize suppliers in order to provide you
with the prize if you are a winner. As
this will be specific to the promotion and the countries where your information
will be provided may vary, we will notify you at the time of entering into the
promotion with us about the specific details of where and to whom your
information may be provided.
e.
If you are visiting our websites from outside of
Australia or New Zealand and you reside in the EU or US please additionally be
advised that your personal information may be transferred to and processed by
our affiliates in the United States and the EU, and subject to the Children’s
Online Privacy Protection Rule (COPPA) or the General Data Protection
Regulation (GDPR) respectively. These
affiliates comply with the US-EU Safe Harbor. Please see the Safe Harbor
Privacy Policy here for detailed
information on these affiliates' privacy practices.
13.
SECURITY
a.
We take reasonable steps to ensure
your personal information is protected from misuse and loss and from unauthorized
access, modification or disclosure. We may hold your
information in either electronic or hard copy form. Personal information is destroyed or
de-identified when no longer needed.
b. As our websites are
linked to the internet, and the internet is inherently insecure, we cannot
provide any assurance regarding the security of transmission of information you
communicate to us online. We also cannot guarantee that the
information you supply will not be intercepted while being transmitted over the
internet. Accordingly, any personal information or other information which you
transmit to us online is transmitted at your own risk.
14.
LINKS
Our websites may contain links to other websites operated
by third parties. We make no representations or warranties in relation to the privacy practices
of any third party website and we are not responsible for the privacy policies
or the content of any third party website.
Third party websites are responsible for informing you about their own
privacy practices.
15.
BUSINESS
TRANSFERS
In the unlikely event that we sell or otherwise dispose of some or all of our
business to another party, we reserve the right to transfer your information as
part of any assets sold or disposed of and you consent to such transfer.
16.
CONTACTING US
a. If
you have any questions about this Privacy Policy, any concerns or a complaint
regarding the treatment of your privacy or a possible breach of your privacy,
please use the contact link on our website, the private or direct message function
on our social networking sites, or contact our Privacy Officer using the
details set out below.
b.
We will treat your requests or complaints confidentially. Our representative will contact you within a
reasonable time after receipt of your complaint to discuss your concerns and
outline options regarding how they may be resolved. We will aim to ensure that your complaint is
resolved in timely and appropriate manner.
c.
Please contact our Privacy Officer at:
Privacy Officer
Nickelodeon Australia
Post: Ground Floor
4-16 Yurong
Street
Darlinghurst NSW 2010
Australia
Tel: (02) 9921 0200
Email: vimnau.privacy@vimn.com
This Privacy
Policy was last updated on 13 February
2020.