PRIVACY POLICY

FREMANTLEMEDIA AUSTRALIA

Version 1 updated 21 November 2018

This Privacy Policy sets out how we collect, hold, use and disclose your personal information and sets out the rights that you (“user”, “users”, “you”, “your”) have in respect of your personal information.

1.          About us

FremantleMedia Australia Pty Ltd (ACN 000 693 292) and its related bodies corporate in Australia (“Fremantle”, “us”, “our”, “ours” “we”) deal with personal information in accordance with the Privacy Act 1988 (Cth) (the “Act”) and the Australian Privacy Principles (the “APPs”).

Our business activities include the creation, production and distribution of entertainment brands including television programs (“Business Activities”). We will from time to time need to collect (or have disclosed to us), hold, use and disclose personal information for the purpose of conducting our Business Activities.

2.           The types of personal information that we collect

The personal information that we collect will vary depending on the purpose for which it is collected. We only collect or ask for personal information that we require for one or more of our Business Activities and related activities and for the administration of our business. 

2.1        Sensitive information

Sometimes, we may collect sensitive information from you. Sensitive information is a subset of personal information defined in the Act and includes information about an individual’s health, ethnic background, race or membership of a professional or trade association or trade union. We will only collect sensitive information if it is necessary for one or more of our Business Activities and related activities and for the administration of our business. We will always seek your consent to the collection, use and disclosure of your sensitive information at the time that we collect this sensitive information from you. You may withdraw your consent to the collection of your sensitive information at any time by contacting us using the details in section 12 below.

2.2        Analytics and cookies

We may use analytics to collect information about how you use and interact with us via our website (“Website”, currently at www.fremantleaustralia.com and/or any other website operated by us) or via our social media accounts including Facebook (“Social Media Accounts”). We collect this information so that we can improve your experience of the Website. We may collect information about the device you are using to access the Website including the IP address, the type of device, browser information and operating system. We may also collect information about the geographic location, the referring domain, the date and time when pages on our Website were accessed and any search terms entered by you.

We use cookies to personalise your experience of our Website. To find out more about how we use cookies please view our Cookie Policy: https://www.fremantleaustralia.com/cookie-policy. You can set your browser to reject cookies, however this may affect the functionality of our Website and our ability to personalise your experience.

3.           Why do we collect use, hold and disclose personal information?

We collect, use, hold and disclose personal information for a variety of purposes associated with our Business Activities including for the purposes set out below in this section 3.

3.1        Contacting us

When you submit an enquiry to us and complete the “Contact Us” form on our Website we collect your personal information including your name and email address.

3.2        Castings and applications related to programs:

We, or agents working on our behalf, may collect personal information from you if you wish to apply and/or audition to be selected as participants or studio audience members in our television game shows or other television programs (“Fremantle Program”). The types of personal information that we collect from you may include your name and contact information as well as other sensitive information including information about your health, ethnic background, race or your memberships.

3.3        Submissions related to programs:

We may collect personal information from you if you submit or are asked to provide written or recorded literary, dramatic, artistic or musical material, images or other information about you for consideration for potential inclusion in Fremantle Programs or related programs. The types of personal information that we collect from you may include your name and contact information as well as other sensitive information including information about your health, ethnic background, race or your memberships. At the time that we collect personal information from you when you make a submission, we may also send you a letter or email explaining what we do with your personal information and this letter or email will supplement this Privacy Policy.

3.4        Job applicants:

We may collect personal information from you if you apply for a job with us. We may collect your contact information, as well as information about your employment history and sensitive information including information about your memberships. At the time that we collect personal information from you we may also send a letter or email to you which will explain what we do with your personal information and this letter or email will supplement this Privacy Policy.

3.5        Competitions, promotions and voting:

We may collect personal information from you if you wish to enter competitions or otherwise contribute or submit information to us in relation to promotional and/or voting activities or via our Websites or Social Media Accounts (including feedback forms and forums or message boards) conducted in relation to Fremantle Programs. The types of personal information that we collect from you may include your name and contact information. A “Privacy Statement” appearing on, or linked from, the relevant Website or Social Media Account shall supplement this Privacy Policy in respect of the particular competition, promotion, voting activity or website.

3.6        Contractors and service providers:

We may collect personal information from you if you are:

·         engaged as an independent contractor to provide products, services and/or facilities to us;

·         dealing with us as a product or service supplier; or

·         engaged with us for other commercial or trading purposes in connection with our Business Activities.

The personal information that we collect from you will only be used to the extent it is necessary for the completion of the engagement of services, contract and/or any ongoing or renewed arrangement or trading/business relationship with us.

4.           How we use and disclose your personal information

In each case, we use personal information for the purpose for which it was collected or for a purpose that is reasonably connected to this purpose. For example, we may use your personal information:

·         to administer, consider and respond to your enquiry;

·         to administer and communicate with you about your submission or application;

·         to enable us to produce, distribute, disseminate or administer a Fremantle Program that you appear in; or

·         so that you can participate in competitions, promotions and voting,

including for any associated purposes to the above.

If we seek to use your personal information for any other reason, we will seek your consent.

We retain your personal information for as long as it is reasonably necessary to fulfil our Business Activities, for example, for as long as the particular television program is available for viewing by the public. Once we determine that we no longer require your personal information, it will be securely destroyed.

We will only disclose your personal information so that we can fulfil our Business Activities. For example, we may provide your personal information to an agent, contractor or subcontractor so that they can assist us to engage in our Business Activities.

We may also disclose your personal information to third parties in the following circumstances:

·         we are obliged to do so by law;

·         with your consent;

·         where necessary to provide the products and services chosen by you;

·         in the event that there is a suspected or actual data breach, in which case we may disclose your personal information to the Office of the Australian Information Commissioner (“OAIC”) and our professional advisers who assist us to examine and respond to a suspected or actual data breach;

·         in the event that we sell or buy any business or assets, in which case we may disclose your personal information to the prospective seller or buyer of such business or assets; or

·         if Fremantle or substantially all of its assets are acquired by a third party, in which case personal information held by it about its customers will be one of the transferred assets.

5.           Overseas disclosure

Fremantle is part of a worldwide organisation with associated offices overseas and as such we may disclose your personal information to overseas recipients. These overseas recipients are companies associated with Fremantle and may be part of our group corporate structure, a parent company or an affiliated entity. 

The ultimate holding company of Fremantle is the Bertelsmann Group located in Germany. Accounting, audit, management, contestant and program production information may need to be disclosed to our related offices overseas in countries including, amongst others, Luxembourg, United Kingdom, New Zealand and the United States of America. Any transfer of your personal information to these overseas recipients will be done in a manner that is not inconsistent with the APPs.

6.           How we hold and protect your personal information

Fremantle takes reasonable care to protect your personal information from misuse, loss, unauthorised access, unauthorised modification or unauthorised disclosure. We implement appropriate and up to date security measures to protect your personal information. We hold personal information for varying periods of time depending on the purpose for which it is collected. In accordance with the APPs, this personal information will be held in a secure manner and made available only to those employees and management who need access to the personal information in order to perform their roles in order to fulfil our Business Activities.

7.           What happens if you do not provide your personal information

If you do not provide us with your personal information then:

·         we may not be able to respond to your enquiry;

·         you may not be able to provide us with your submission or application or participate in competitions,  promotions and voting;

·         we may not be able to perform our contract relating to our Business Activities with you;

·         we may not be able to provide you with information and communicate with you about opportunities that may be of interest to you in relation to our Business Activities; and

·         you may not be able to communicate with us regarding accessing your personal information or making a complaint to us regarding how we handle your personal information.

8.           Access to and corrections to personal information

You have the right to request access to your personal information that we hold.

You can also contact us to request that we update or correct your personal information that we hold, for example if this personal information is inaccurate or out of date. In order for you to access your personal information you must provide us with sufficient information to enable us to properly identify you. 

8.1        Access fees

In some circumstances we may need to charge you a fee for the administrative costs of complying with your request to access your personal information. For example, provision of personal information which is very old or held on a media format such as in an analogue or digital video tape format. We will notify you in advance to seek your agreement to these access fees prior to processing any request of this nature. We may charge you a nominal handling fee and/or postage fees for supplying to you copies of personal information held in files or electronically.

8.2        How to request access

Any requests for access or corrections to your personal information that we hold must be made in writing to the Privacy Officer using the contact details in section 13 below. 

9.           Complaints

You can contact us in writing if you are not satisfied with the way that we collect, hold, use, or disclose your personal information or the way that we have managed a request from you regarding your personal information, or if you suspect that there has been a data breach. If there is a dispute as to whether the information we hold is correct or out of date, the Privacy Officer will endeavour to resolve this. We will respond to you within 30 days of receiving your complaint. If you are not satisfied with the way that we responded to you, then you may make a complaint to the OAIC: https://www.oaic.gov.au/.

10.        Variations

Due to the changing nature of the personal information we may collect and the nature of our Business Activities, Fremantle reserves the right to vary, replace or terminate this policy at any time and as required by law.

11.        Disclosure of this privacy policy

The latest version of this Privacy Policy will be available on the Website. You can also request that we provide you with a copy by contacting us in writing.

12.        Contact us

If you have any questions, requests or complaints concerning how we deal with personal information, please write to the Privacy Officer at the address below.

By email: privacy.officer@fremantle.com

By facsimile: +61 (0)2 9434 0700

By letter:

Privacy Officer
FremantleMedia Australia Pty Ltd
Locked Bag 2222
St Leonards NSW 2065

13.        Residents of the European Union (“EU”)

If you are a resident of the EU, our processing of your personal data may be subject to the General Data Protection Regulation (“GDPR”). As well as the other matters covered in this Privacy Policy, the following may apply in respect of the processing of personal data of EU data subjects by Fremantle.

13.1      Data protection officer

Our data protection officer is Amy Noble.

13.2      Lawful basis for processing

Our processing of your personal data is justified on the following lawful basis as the processing is:

·         necessary in order for us to perform our contract with you, or for us to take steps to enter into a contract with you and at your request;

·         necessary for us to be able to comply with our legal obligations; or

·         you have provided your consent to the processing.

13.3      Rights

If you are a resident of the EU you may have the right to:

·         access your personal data that we hold;

·         have inaccurate personal data that we hold corrected or rectified;

·         request that we erase all copies of your personal information that we hold;

·         request that we restrict the way that we process your personal data;

·         receive your personal information provided to us, or request that this data be provided to another controller; and

·         withdraw your consent at any time in relation to our processing of your personal information.

Please contact us if you would like us to take action in respect of any of these rights, or if you would like to make a complaint regarding how we have processed your personal information. We will respond to your request within 30 days.

If you are a resident of the EU, you may have the right to make a complaint to data protection supervisory authorities about how we have processed your personal data. You can access a list of data protection authorities by EU member state here: http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm

Or you can contact the European Data Protection Supervisor regarding the data protection authorities by EU member state, as follows:

The European Data Protection Supervisor

Postal address: Rue Wiertz 60, B-1047 Brussels

Office address: Rue Montoyer 30, B-1000 Brussels

Telephone: +32 2 283 19 00

Email: edps@edps.europa.eu

Website:  www.edps.europa.eu