NETBALL AUSTRALIA PRIVACY POLICY

1.    Netball Australia’s commitment to privacy and application of this Privacy Policy

1.1  Netball Australia Limited (ACN 003 142 818) (Netball Australia) is the governing body of netball in Australia. Netball Australia manages and promotes various netball programs, events and activities.
1.2 Netball Australia is committed to the protection of your personal information in accordance with the Australian Privacy Principles set out in the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs).
1.3 Personal information is information or an opinion about an identifiable individual, or an individual who is reasonably identifiable. The information or opinion does not have to be true or recorded in a material form.
1.4   In Australia, netball programs, events and activities are implemented and conducted by a number of different netball organisations across the country. Accordingly, Netball Australia has developed this privacy policy (Privacy Policy) to apply to each Australian Netball Organisation (ANO).
1.5  For the purpose of this Privacy Policy, each of the following is an ANO:

(a)        Netball Australia;

(b)        each of Netball Australia’s related bodies corporate (as defined in the Corporations Act 2001 (Cth));

(c)        Confident Girls Foundation;

(d)        Member Associations, being the governing body of netball in each Australian State and Territory known as Netball ACT, Netball Victoria, Netball NSW, Netball Queensland, Netball NT, Netball WA, Netball SA and Netball Tasmania (Member Associations); and

(e)        Affiliated Organisations, being those organisations (other than Member Associations, Regional Associations and Affiliated Clubs) which are affiliated to Netball Australia from time to time in accordance with its constitution.

if they are required to have a privacy policy under Australian privacy laws, and they have not chosen to adopt a separate privacy policy.

1.6  Only netball organisations that are affiliated with Netball Australia can be an ANO. If you choose to deal with a non-affiliated netball organisation, this Privacy Policy will not apply.

1.7  This Privacy Policy applies to the collection, use, disclosure and storage of personal information by ANOs.  It also sets out how you may access your personal information, ask for it to be amended, opt out of receiving marketing communications and complain about the ANO’s information managing practices.

2.    The Personal Information we collect

2.1               The personal information we generally collect about you will depend on the primary purpose for which such information was collected. An ANO may collect and hold various kinds of information about you in connection with its legitimate functions and activities, including:

(a)        ‘contact information’, such as your name, phone numbers, mobile numbers, postal address  details, email address and social media details;

(b)        your date of birth, age, gender, netball rankings and results;

(c)        details of Netball programs that you have participated in and the organisations that you have participated with;

(d)        copies of communications between an ANO and you;

(e)        information regarding any outstanding payments owed by you to an ANO;

(f)         other personal information provided voluntarily by you. For example, this could be information provided in response to surveys or competitions;

(g)        payment details, if you apply for membership, purchase of goods or services from, or make other payments to, an ANO or their agents, licensees or contactors;

(h)        details of your academic qualifications, results, professional interests, reference checks, car registration and drivers licence details (if applicable), if you apply for employment or volunteer positions with an ANO;

(i)          non-personally identifiable information, such as your IP address, browser type, web pages visited etc.; and/or

(j)          other personal information that is relevant to the conduct of the ANO’s legitimate activities.

2.2   Some of the information that you give to an ANO may be required. Other information may be optional. If you do not give an ANO some of, or all, the personal information that it requests, it may affect the ANO’s ability to communicate with you. It may also affect the ANO’s ability to provide products or services to you and it may affect your ability to participate in programs conducted by an ANO or apply for employment or volunteer positions with an ANO. If it is impracticable for an ANO to deal with you in circumstances where you have not provided the information or consents that it has requested, it may decline to do so.
2.3  Sensitive information is a subset of personal Information that is generally afforded a higher level of privacy protection, such as health information.  Sensitive information includes health and genetic information and information about racial or ethnic origin, political opinions, membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association or trade union, sexual preferences or practices, criminal record and some types of biometric information. An ANO only collects sensitive information where it is reasonably necessary for our functions or activities and either you have consented to provide that information or we are required or authorised by or under law (including applicable privacy legislation) to do so.  For example, we may ask for:

(a)        details of a disability you may suffer, if you elect to provide that information to allow the ANO to provide you with relevant services and information;

(b)        details of your cultural background, nationality, and language(s) spoken, if you elect to provide that information to allow the ANO to provide you with culturally sensitive information and services;

(c)        background checks, including reference checks, police checks, working with children checks and completed member protection declarations and related documents. This information may be obtained and retained about you if:

(i)          you apply for, and/or obtain employment or volunteer positions;

(ii)         you apply for and/or obtain Netball Australia Coach or Umpire Accreditation;

(iii)        you are proposing to, or provide certain services to an ANO;

(iv)        you apply for and/or obtain accreditation at a netball event;

(v)         you are a netball player participating in one of our programs or a netball tournament, competition or event; or

(vi)        the ANO otherwise considers it appropriate to obtain background checks in relation to you before entering into contracts, arrangements or understandings with you, or entities related to you; and

(d)        medical information and emergency contact details. For example, this information may be held about you if you are a netball participant and/or have elected to participate in fitness or sporting activities.

2.4  We may collect details for statistical purposes such as ethnic background and injury information. This type of information can assist us to better develop and deliver better netball programs.

3.  How and why does an ANO collect personal information?

3.1   An ANO collects personal information reasonably necessary to carry out our business including one or more of our functions or activities. You may decide to provide your personal information to an ANO for a range of different reasons. By way of example:

(a)   you may be a netball participant;

(b)        you may wish to attend a netball activity or event;

(c)        you may wish to purchase a ticket or a corporate hospitality package to a netball event;

(d)        you may attend a netball event and elect to provide your personal information while at the event;

(e)        you use wish to receive newsletters from Netball Australia;

(f)         you may wish to register for MyNetball on our website;

(g)        you may wish to make an online or other purchase from us;

(h)        you may wish to apply for employment at, or volunteer for, an ANO;

(i)          you may wish to provide services to an ANO;

(j)          you may enter a competition or promotion being conducted by an ANO;

(k)        you may wish to connect with us via social media; or

(l)          you may wish to make a donation.

3.2  Generally any ANO will collect personal information directly from you. Personal information can be directly collected by an ANO in a number of ways and through a number of mediums. By way of example, personal information can be collected:

(a)        when you provide your personal information, or agree to your personal information being provided via one of Netball Australia’s websites, including http://www.netball.com.au, or a website managed by another ANO (Websites).

(b)        when you enter your personal information, or agree to your personal information being entered into one of Netball Australia’s online IT systems including, MyNetball, or a system managed by another ANO (IT Systems).

(c)        when you email an ANO or contact an ANO by telephone or mail;

(d)        when you engage with an ANO via social media;

(e)        when you elect to receive netball-related newsletters or other information;

(f)         when you enter a competition that is being conducted by, or on behalf of, an ANO;

(g)        when you purchase tickets to a netball event from an ANO or an authorised agent or licensee;

(h)        when you purchase merchandise from an ANO or an authorised agent or licensee;

(i)          when you purchase other products or services from an ANO or an authorised agent or licensee;

(j)          when you provide an ANO with information in an application or consent form, survey, feedback form or incident report; and/or

(k)        when you make a donation to an ANO.

3.3   An ANO may collect personal information regarding a child from the parent or other ‘responsible person’ associated with that child. At times an ANO may collect personal information regarding an adult from another ‘responsible person’ associated with that adult.  Please do not provide personal information about a child or another person to an ANO unless you are authorised by law to do so. You must be over 15 to provide an ANO with personal information. If you are under 15 your parent or other ‘responsible person’ will need to provide your personal information to us on your behalf.
3.4    An ANO may also collect and use personal information that is given to it by another ANO or a third party in the course of its business, if that collection is reasonably necessary for an ANO’s or the third party’s legitimate functions or activities. Examples of such third parties could include:

(a)        those regional or metropolitan netball associations which are members of, or affiliated to, a Member Association (Regional Association) and affiliated clubs which are a member of or affiliated to a Regional Association and/or Member Association (Specifically, in the case of MyNetball and other Website registration we collect personal information from your Regional Association to register you for MyNetball);

(b)        the International Netball Federation (INF);

(c)        The Australian Institute of Sport  and State Institute of Sports;

(d)        the Australian Olympics Committee;

(e)        non-affiliated netball organisations;

(f)         schools and community groups who partake in Netball Australia programs;

(g)        your nominated referees in the case of an ANO’s recruitment activities;

(h)        the Australian Sports Commission;

(i)          the Australian Commonwealth Games Association;

(j)          the Australian Sports Foundation; and

(k)        Law enforcement bodies.

3.5    An ANO may, at times, collect information on publicly maintained records, if that collection is reasonably necessary for the ANO’s legitimate functions or activities.

4.  Anonymity

ANOs will provide individuals with the opportunity of remaining anonymous or using a pseudonym in their dealings with us where it is lawful and practicable (for example, when making a general enquiry).  Generally it is not practicable or lawful for ANOs to deal with individuals anonymously or pseudonymously on an ongoing basis.  If we do not collect personal information about you, you may be unable to participate in or have access to our events, programs or activities.  Personal information and contact details are also required to contact you in the case of a medical emergency or to register you for certain competitions, programs and activities.

5.  For what purposes can an ANO collect, hold, use and disclose the personal information about you?

5.1   An ANO may collect, hold, use and disclose your personal information for the primary purpose for which it was collected and in certain circumstances a secondary purposes related to the primary purpose such as:

(a)        to verify your identity and reduce the likelihood of duplications in IT Systems and Websites;

(b)        to complete and retain background checks;

(c)        to provide you with products or services you have requested;

(d)        to provide you with information about relevant activities and opportunities;

(e)        to assist other ANOs;

(f)         to develop, run, and administer existing and new competitions, programs, activities and other events;

(g)        to share relevant player information with the INF, Australian Olympics Committee and other relevant bodies;

(h)        to organise medical treatment for players;

(i)          to administer, manage and improve the Websites and IT Systems and to provide you with access to those Websites and IT Systems;

(j)          collect statistics on the use of our social media channels;

(k)        to manage your relationship with ANOs;

(l)          to disclose to other ANOs relevant information regarding your financial standing with an ANO, including whether or not you are a financial member;

(m)       to disclose to an ANO’s professional advisors, including accountants, auditors and lawyers, or insurers or insurance brokers, when considered necessary or appropriate;

(n)        to assist law enforcement bodies, when considered necessary or appropriate;

(o)        for direct marketing communications from an ANO in relation to products, services, event tickets, merchandise, fundraising and special offers made available by either the same or another ANO or their respective corporate partners, licensees, sponsors, suppliers and broadcasters (who may, at times be outside Australia), where you have consented to receive such communications or would reasonably expect to receive such communications, and have not requested not to receive such communications. You will be able to opt-out of direct marketing at any time if you so choose, by utilising the unsubscribe feature on electronic marketing communications, or in the case of other direct marketing materials contacting the ANO in accordance with Item 10 below;

(p)        to administer and enforce the rules of netball (including the National Policy on Match Fixing in Netball) which may include providing your personal information to betting operators who provide betting services on netball; and

(q)        where permitted by an ANO and the APPs, to enable third party corporate partners, licensees, sponsors, suppliers and broadcasters who have a relationship with an ANO (and who may, at times be outside Australia), to market and promote their products and services to you where you have consented to receive such communications, and have not requested not to receive such communications. You will be able to opt-out of direct marketing at any time if you so choose, by utilising the unsubscribe feature on electronic marketing communications, or in the case of other direct marketing materials contacting the ANO in accordance with Item 11 below. ANO’s interaction with you via the internet and social media

5.2  ANOs may display ads for current activities and events on the internet. The ANO adds cookies to users’ browsers and uses web beacons and measurement software and tools on our Website to enable us to serve ads based on prior visits to the Website.  Cookies are small files that a website can store on a user’s computer and are used for keeping the ‘state of a user session’ i.e. remembering who you are from a page requesting information through to supplying it.
5.3   The information includes how often users visit the site, what pages they visit, what links they click, what geolocation the visit originated in, what browser they use, what operating system they use, and what other sites they visited prior to coming to our site.
5.4   Users may opt out of the use of cookies by disabling certain functions in your web browser or by visiting the Network Advertising Initiative opt out page.  However, in doing so, you may be unable to access certain pages or content on our Website.
5.5  ANOs provide links to websites outside of our Websites as well as to third party websites that allow interaction and sharing of content including social media buttons such as Facebook, Twitter, You Tube and Instagram. These linked sites, applications and widgets are not under the ANO’s control and we cannot accept responsibility for the conduct of companies linked to the ANO’s websites, or their collection of information through these third party applications or widgets. Before disclosing information on any other website, or using these applications or widgets you should examine the terms and conditions of using that website and the relevant third party’s data collection practices and privacy policy.
5.6  When you look at this website, our technology providers makes a record of your visit and logs the following information for statistical purposes only – the user’s server address, the user’s top level domain name (for example .com, .gov, .au, etc), the date and time of the visit to the site, the pages accessed and documents downloaded, the previous site visited, and the type of browser used.
5.7  No attempt is, or will be, made to identify users browsing activities except, in the unlikely event of an investigation, where a law enforcement agency may exercise a warrant to inspect activity logs.

6.  How does an ANO hold personal information?

6.1  We store information in a number of secure databases (including trusted third party storage providers), paper-based files or other electronic record keeping methods.  Personal information may be collected in paper-based document and converted to electronic form for use or storage (with the original paper-based documents either archived or securely destroyed). We take reasonable steps to protect your personal information from misuse, interference and loss and from unauthorised access, modification or disclosure.
6.2   ANOs use physical security and other measures to ensure that personal information is protected from misuse, interference and loss; and from unauthorised access, modification and disclosure.  Personal information held in paper-based form is generally securely stored at the head office of each ANO or in the case of archived records, at an external storage facility in Australia.
6.3  We maintain computer and network security by using firewalls, user identifiers and passwords to control access to our computer system.  Online purchases made on the Website use encryption methods and credit card data is stored using systems compliant with the Payment Card Industry Data Security Standard.
6.4 We also take steps to destroy or de-identify information that we no longer require.  In some cases there are statutory requirements for retaining information for a prescribed period of time.
6.5 When considering new initiatives and projects, an ANO ensures that privacy issues are taken into account through a procedure at the ANOs.

7.  Will an ANO disclose personal information to overseas recipients?

7.1  An ANO may disclose information to trusted third parties engaged to assist with services including data processing, data analysis, information technology services and support, website maintenance/development, venue and event promoters, printing, record archiving, data mailing and market research and medical consultants who provide medical services at competitions and events. The third parties to which we disclose personal information are generally located in Australia, however at times they may be located overseas. We take steps to require any such third parties to protect the privacy and security of your personal information and to only use it for the purpose for which it is disclosed.
7.2   ANOs do not typically or routinely disclose personal information to overseas recipients.  Unless consent has been given, or an exception under the Australian Privacy Principles applies, ANOs will only disclose personal information to overseas recipients where reasonable steps have been taken to ensure the overseas recipient does not breach the Australian Privacy Principles in relation to your personal information.

8. How to correct and access personal information

8.1  Under the Privacy Act, individuals have a right to complete access to their records. You may (free of charge) request (by contacting an ANO in accordance with Item 10) that an ANO confirm whether it holds any Personal Information about you and, where applicable, request that an ANO provide you with a copy of your personal information. The ANO will make available to you, in most situations, any personal information it holds about you. Netball Australia is permitted to charge you for reasonable costs incurred in providing you with access to your information.

8.2  In certain circumstances, an ANO may not be able to provide access, such as where:

(a)        access would have an unreasonable impact on the privacy of others;
(b)        we are required by a law enforcement agency to withhold the information;
(c)        the information may affect current legal proceedings; or
(d)        the information may affect the health or safety of another individual.

8.3  If you provided your personal information via an IT System or Website, you can correct or update your personal information in that IT System or Website at any time by logging onto the relevant IT System or Website and submitting the updated information. Alternatively you can contact an ANO in accordance with Item 10 to request that they correct or update the personal information they hold about you.

8.4   If you ask us to correct personal information that we hold about you, or if we are satisfied that the personal information we hold is inaccurate, out of date, incomplete, irrelevant or misleading, we will take reasonable steps to correct that information to ensure that, having regard to the purpose for which it is held, the information is accurate, up-to-date, complete, relevant and not misleading.

8.5  If we correct personal information about you, and we have previously disclosed that information to another agency or organisation that is subject to the Privacy Act, you may ask us to notify that other entity.  If so, we will take reasonable steps to do so, unless this would be impracticable or unlawful.

8.6  Except in the case of more complicated requests, we will endeavour to respond to access and correction requests within 30 days.

9.  How to make a complaint

9.1 If you believe that we have breached this policy, or any of the APPs in the Privacy Act, then you should make a complaint to Netball Australia or the ANO in the first instance.  You should address your complaint in writing to the relevant ANO’s Privacy Officer (contact details are set out below), and you should include as much detail as you can about the personal information affected, and the circumstances that you believe amount to a breach of this policy or the APPs.

9.2 We will undertake an internal investigation, and we may contact you if we need to obtain any further information in relation to your complaint.  We will generally provide a written response to your complaint within 30 days.  Our response will set out the results of our investigation, including whether we agree that Netball Australia or the ANO has breached this Privacy Policy or the APPs.

9.3  If you are unhappy with our response to your complaint, you have the right to make a complaint to the Office of the Australian Information Commissioner (OAIC).  Details of how to contact the OAIC are provided on its website at www.oaic.gov.au.

10.  Who to contact about privacy matters

10.1   Each ANO is responsible for protecting the personal information that it holds about you in accordance with this Privacy Policy. If you have any queries you should contact Netball Australia as follows.

email to: infonet@netball.asn.au
phone to: 03 8621 8600
writing to: The Privacy Officer Netball Australia, PO Box 13285 Law Courts VIC 8010.

Netball Australia will investigate your queries and complaints within a reasonable period of time and will notify you of the outcome of our investigation. Netball Australia may refer your correspondence to the relevant ANO.

11.   General

11.1 Netball Australia may amend this Privacy Policy from time to time, but an ANO will not change the way we use personal information you have provided to an ANO previously without your consent. The current version will be posted on ANO’s website and a copy may be obtained by contacting the ANO. (details at Item 10).

11.2  You can find more information about privacy and the protection of your Personal Information on the website of the OAIC at www.oaic.gov.au.

 

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