1 GENERAL POLICY
Personal information is information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether the information or opinion is recorded in a material form or not.
A reference in this policy to a Radio Station or Website (together MML Group) is a reference to the any of the entities set out below:
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
A. 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 or transaction details. We may also collect other types of personal information that you share with us in connection with:
(i) an on-air conversation (or possible conversation) with a radio presenter;
(ii) your entry into a competition or trade promotion;
(iii) your submission of an item for our online classifieds services (“Buy, Swap & Sell”);
(iv) your participation in an online tipping competition; and
(v) 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. In order to access some services and products, you may be asked to register with us by providing us with certain information in order to create a user account.
Cookies contain information that can later be read by a web server in the domain that issued the cookie to you. We use the following types of cookies and other similar tracking technologies:
(vi) Strictly necessary cookies – these are cookies that are required for the operation of our Websites. They include, for example, cookies that allow you to sign in and use our services and remember you when you log into secure areas of our Websites;
(vii) Analytics cookies – they allow us to recognise and count the number of visitors and to see how visitors move around our Websites. Some of the tools we use only provide us with information about trends and aggregate user behaviour. Other tools we use enable us to see how each visitor engaged with our Websites. For example, we will be able to see what you clicked on and how you navigated through our Websites. We use this information to better understand how our visitors use our Websites, so that we may make the necessary improvements to enhance our visitors’ experience in the future. We do not attempt to identify you with this information;
(viii) Functionality cookies – these are used to recognise you when you return to our services and to allow us to personalise our content for you, for example, by remembering your preferences;
(ix) Advertising cookies – these cookies record your visit to our Websites, the pages you have visited and the links you have followed. We will use this information to make our Websites and the content and advertising displayed on it more relevant to your interests. We also use this information to determine the effectiveness of advertising campaigns. We may also share this information with third parties for this purpose; and
Our Websites may also contain electronic images known as “web beacons” – sometimes called single-pixel gifs – that may be used to assist in delivering cookies on our Websites and allow us to count users who have visited those pages and to deliver co-branded services. We may use web beacons to determine whether messages have been opened and acted upon, or from third parties in order to help us compile aggregated statistics regarding the effectiveness of our promotional campaigns or other operations. We prohibit web beacons on our Websites from being used by third parties to collect or access your personal information. We may work with other companies that advertise with us to place their web beacons on our Websites in order to allow us to gather statistics and better target advertisements.
If you receive communications purporting to be connected with us or our services that you believe have been sent to you other than in accordance with this policy, or in breach of any law, please contact us.
B. How do we collect your 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):
(i) 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;
(ii) Written communication – when you write to us for any reason, including via post and email, and/or through any third parties such as recruitment portals e.g. Seek or LinkedIn ;
(iii) 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 Websites 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 Websites or apps;
(iv) Offsite competitions – when you enter a competition conducted at a third party’s premises;
(v) Social media – when you post or like something on our Facebook page. When you connect with us through social networking services, you will be able to see the social sharing habits of your friends and connections and participate seamlessly in our social capabilities, including commenting, live blogging, reactions, ratings, gaming mechanics and sharing content. You can connect us to your third party social networking service by downloading an application and logging into the application. By connecting with us through these third-party social networking services, you are authorising us to access and use certain information from your social network profile.
(vi) Display of advertisements – many of the Websites and services we offer are supported by advertising. We may display advertisements on our Websites and the sites of our advertising partners. When we display online advertisements to you, we will place cookies on your computer in order to recognise your computer each time we display an advertisement. We are able to compile information over time about where you, or others who are using your computer, saw and/or clicked on the advertisements we display. We use this information to make predictions about your characteristics, interests or preferences and to display targeted advertisements that we believe may be of interest to you. We may also associate this information with your visit, purchase or other activity on participating advertiser’s Websites in order to display targeted advertisements or to determine the effectiveness of the advertisements. We use interest based advertising to make the ads you see on our network more relevant to you. Online advertisements on our Websites are served by ad servers and exchanges. These companies may offer you a way to opt in or opt-out of ad targeting based on their cookies. If you would like to opt out of interest based advertising please see item 2.A above.
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.
We may access information, including personal information, about you across the MML group of companies and from third-party sources and platforms (such as social networking sites, databases, online marketing companies, third-party Websites and ad targeting companies) and supplement the information we collect with information obtained from those third party sources.
We use the following third-party service providers to provide us some of the technologies and functions described in this notice. They will have access to the data we collect using their services.
|Google provides us with ad serving and ad exchange services. Anonymous aggregated user data collected and processed by us may be shared with Google to make the advertising you see our Websites more relevant to you.|
|Adobe||Adobe provides us with analytics and data management services. This includes the grouping of visitors to our Websites into ‘audience segments’ which are made available by us to our third party ad servers to make the advertising you see on our Websites more relevant to you.||Adobe|
|eWay||eWAY provides an online payment platform for processing credit card payment securely online. Via our BuyRadio Website, eWAY collects personal and corporate information to allow access to their payment gateway.||eWAY|
C. 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 and to administer our relationship with you. These purposes include (but are not limited to) the following:
(i) Talkback and other on-air communications – to enable on-air presenters to appropriately address you, contact you if your call drops out or if further information is required about your call, to 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;
(ii) Research and program preparation – to enable us to prepare off air for programs or news stories;
(iii) Competitions – to facilitate the conduct of competitions and trade promotions, including online tipping competitions and communicate with you about other promotions, products and services you may be interested in;
(iv) 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
(v) Advertisers – if you or your company purchases advertising from MML or a related company, we will collect your business contact details and other information (including but not limited to payment, transaction or bank account information obtained via our BuyRadio Website) in order to provide you or your company with our services, and to provide you with information about our services and future promotions;
(vi) User Behaviour – to provide insights and information regarding the characteristics and behaviour of users of our online products and services to third parties including advertisers; and
(vii) Feedback and Complaints – to communicate with people who provide feedback or complain and 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;
(viii) Recruitment purposes – when we conduct recruitment processes;
(ix) Shareholders – to provide information (including personal information) to other companies in our corporate group (including but not limited to Fairfax Media Limited ACN 008 663 161, a wholly owned subsidiary of Nine Entertainment Co. Holding Limited ACN 122 203 892, together, Nine) and their related bodies corporate for the purpose of, for example, providing data matching and targeted advertising services; and
(x) Third Party Data Analytics – we also may collect information from your use of our Websites 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 Websites 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.
If you do not consent to us collecting your personal information in the ways we have described above, we may not be able to provide you with our products and/or services that you have requested.
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 item 2.C for a non-exhaustive 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:
(i) in response to a legal requirement;
(ii) where required or authorised by or under an Australian law (including the Act) or court/tribunal order;
(iii) if we reasonably believe that the use or disclosure is:
a) reasonably necessary for an enforcement related activity conducted by or on behalf of an enforcement body;
b) 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;
c) 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 have been, is being or may be engaged in; or
d) reasonably necessary in order to locate a person reported as missing; or
e) 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:
(i) 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;
(ii) external service providers, for example in relation to their storage and management of databases, analytics, management of Website and email traffic, processing of credit card information and fulfillment of orders from the Websites – 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;
(iii) specialist advisers who have been engaged to provide legal, administrative, financial, insurance, research, marketing or other services;
(iv) regulatory bodies which oversee or impact upon MML’s operations;
(v) related bodies corporate of MML; and
(vi) any other person authorised by you, as specified by you.
Other information, including anonymous data collected via your interaction with our Websites and third party sites using technologies such as cookies and web beacons (described above) may be sold or otherwise provided by us to third parties including our partners, clients and service providers for purposes including (but not limited to) data-matching, campaign analysis, selling aggregated anonymous data via advertising exchanges, conducting surveys, and modelling.
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 “Buy, Swap and Sell” 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