Privacy Policy
Introduction
We are committed to protecting and maintaining your privacy and we are bound by the Australian Privacy Principles (APPs) and Privacy Act 1988 (Privacy Act). As part of our business operations we may collect your personal information. This Privacy Policy describes the type of personal information we may collect and how we use, hold and disclose this personal information.
This Privacy Policy is in addition to the general Terms of Sale and Conditions of Entry governing our website, terms of supply of our services and this Privacy Policy should be read in conjunction with such Terms of Sale and Conditions of Entry.
If your personal information is being collected via our website, the collecting entity will be The Gardens Outdoor Cinema and Beer Garden Pty Ltd (ACN 668 401 438) trading as ‘The Gardens Outdoor Cinema’ of PO Box 1080, Mountain Gate Vic 3156 (“we”,“us”, “our” or “The Gardens”)
1. What Personal Information we collect
The Personal Information we collect about you may include:
(b) contact information such as your postal address email address and telephone numbers;
(c) geographic location (including your suburb or postcode)
(d) social media handles and other social media profile information that you make available to us or to the public;
(e) drivers licence (where necessary to verify your identity);
(f) billing and financial information such as credit card, bank account or other payment details;
(g) details of any products or services that you purchase from us or that we provide to you;
(h) information about how you use the products and services we provide, such as:
- (i) your cinema or movie preferences; or
- (ii) your accommodation, travel, and meal preferences;
- (i) records of our communications with you, including any messages or enquiries you send us (either through the website or through other means);
(j) information about how you access and use our websites or mobile applications, such as your IP address and internet service provider, the web page you visit us from, web browser, navigation patterns on our websites, device identity and location, operating system, or device configuration; and
(k) additional information, including your image, collected via Closed Circuit Television (CCTV) systems used at venues we operate.
(l) any preferences you tell us about,
(collectively referred to as “Personal Information”).
2. How we collect your Personal Information
We may collect Personal Information about you:
(a) when you purchase products or services from us at one of our venues or through our websites or mobile applications (such as when you purchase movie or theatre tickets, book accommodation, or purchase tickets online);
(b) when you sign up to become a member of one of our loyalty programs;
(c) when you submit feedback, a query or request to us;
(d) when you participate in a promotion, competition, or survey that we run;
(e) when you fill in forms on our website or at one of our venues;
(f) when you sign-up to receive our emails, newsletters, information about our special offers, and/or any other promotional material;
(g) by tracking your use of our websites or mobile applications;
(h) through our CCTV systems at our venues;
(i) from third parties who are entitled to disclose that information to us (including third party ticketing and events organisations); and
(j) when you apply for a job with us;
(k) over the phone, over the internet, when you write to us;
(l) when you attend an event or program run by us
(m) when you participate in a survey, questionnaire, competition, marketing campaign, from public sources.
In order to access some of our services and products, you will be asked to register with us by providing us with certain information about you which we refer to as your Account. As part of creating your Account, you may also be requested to provide questions and secret answers, which we use to help verify your identity and assist in resetting your password, as well as an alternate e-mail address. By signing in on one of our websites, product or services, you may be automatically signed into other websites, products and services that use your Account.
3. How will we use or disclose your Personal Information
Our policy is to use your Personal Information to:
(a) deliver our products and services to you
(b) improve our products and services
(c) market our products and services to you
(d) provide you with news and information about our products and services (including newsletters, product surveys and special offers);
(e) provide you with more effective customer service;
(f) enable us to conduct customer research;
(g) make our websites, services or products easier to use by eliminating the need for you to repeatedly enter the same information;
(h) perform research and analysis aimed at improving our products, services and technologies;
(i) display content and advertising that are customised to your interests, preferences and experiences, including by using aggregated information received from across our website and other third parties;
(j) send marketing and promotional material about our products and/or services that we believe you may be interested in;
(k) conduct competitions or promotions either ourselves or by selected third parties;
(l) verify your identity;
(m) allow you to sign in or otherwise access products and/or services owned by us;
(n) communicate with you, including by email, mail or telephone.
(o) investigate any complaints about or made by you, or if we have reason to suspect that you are in breach of any of our Terms of Sale and Conditions of Entry or that you are or have been otherwise engaged in any unlawful activity; and/or
(p) using personal information as otherwise required or permitted by any law (including the Privacy Act).
In some cases, we share your Personal Information with third parties who perform these activities or do so on our behalf.
4. Consent and opting-out
When you provide us with and consent to our use of your Personal Information (for example, by agreeing to our terms and conditions), you consent to our collection and use of your Personal Information (which is information about you which identifies you, or which can be used to reasonably identify you) in accordance with this Privacy Policy. You can withdraw your consent at any time by contacting us. You can also opt-out from receiving any marketing communications from us or from our marketing partners, and from our use or disclosure of your Personal Information for marketing purposes.
If you do not provide your consent, or if you withdraw your consent to our use of your Personal Information, it may mean we are unable to provide you with the same services, offers, or discounts that we would otherwise be able to provide.
5. Accessing, correcting, or deleting your Personal Information
You can request access to, correction, or deletion of your Personal Information or withdraw your consent to our use of your Personal Information by contacting us at help@thegardensevents.com.au
6. This Privacy Policy and your consent
From time to time, there may be specific and additional privacy provisions that apply to our collection and use of your Personal Information. For example, Personal Information provided when participating in a promotion, entering a competition, subscribing to a newsletter, or participating in a survey may be subject to a different privacy policy or contractual terms. If there is any inconsistency between this Privacy Policy and those specific and additional provisions, the specific and additional provisions will prevail.
7. CCTV
Footage from CCTV cameras may be recorded and used if required for safety and / or security purposes, for research purposes, and for optimising the delivery of our products and services.
8. People to whom we disclose Personal Information
We will only disclose your Personal Information to third parties in compliance with this Privacy Policy.
We may share Personal Information about you with:
(a) your representatives, advisers and others you have authorised to interact with us on your behalf;
(b) our staff who need the information to discharge their duties;
(c) our business partners, agents and service providers (including information technology service providers, data hosting and processing companies, loyalty, data and research companies, fraud detection, prevention and security service providers and social media channel operators);
(d) our marketing partners;
(e) payment system operators, banks and financial institutions;
(f) prospective purchasers of all or part of our business assets or shares in our company or a related entity;
(g) professional advisers who we engage to provide advice on our business; and
(h) government and law enforcement bodies and authorities who ask us to disclose that information, or to other people as required to comply with our legal and regulatory obligations in respect of your Personal Information (including your sensitive information) under any law, regulation or Federal or State government order or direction including in respect of a pandemic, epidemic (including COVID-19) or a state of emergency.
9. Overseas disclosure
Third parties to whom we may disclose Personal Information may be located outside Australia. The Gardens Outdoor Cinema, its affiliates, service providers, and related entities use data storage facilities in Australia and the United States of America.
We take commercially reasonable steps to ensure that any overseas recipient of Personal Information has appropriate safeguards in place to ensure a level of protection of your Personal Information that does not breach Australian privacy law or this Privacy Policy.
10. Personal Information of employees and contractors
10.1 Personal information of employees and contractors
The Gardens Outdoor Cinema collects, uses, holds and discloses Personal Information of its employees and contractors (including employees of contractors providing services to The Gardens Outdoor Cinema) in order to manage our employment or contracting relationship with you.
This Personal Information includes your name, contact details, employment or engagement history and other relevant Personal Information. Where relevant, we may also collect additional relevant Personal Information, such as your superannuation details, bank account details, tax file number, citizenship status, work visa or other right to work documents, educational or professional qualifications, emergency contact details, and relevant medical and health-related information (including any disabilities or medical conditions you may have).
We will collect such Personal Information from you where possible, but we may also collect your information from third parties (such as your referees, law enforcement agencies, and other government bodies), in which case we will take reasonable steps to ensure that you are aware of the matters contained in this policy. If you provide us with the personal information of another person (such as the name and contact details of your referees), you must make them aware of the matters contained in this policy.
If you choose not to provide your Personal Information to us, we may not be able to manage or administer our employment or contracting relationship with you, including paying you the full amounts of any salary, wages or other amounts or benefits which you may be entitled to.
We may disclose such Personal Information to companies and businesses within our contractors, agents and service providers, other parties listed in section 7, and government bodies and regulatory authorities (where required or authorised by law), in order to manage our employment or contracting relationship with you, to allow you to use various information technology systems and platforms to enable you to undertake tasks and activities relevant to your employment or contracting relationship with us and to our customers and clients in connection with our provision of goods and services to them.
10.2 Recorded Images of employees and contractors
From time to time, we may organise for photographs, video or other recordings (“Recorded Images”) to be taken of our employees and contractors while they are working, attending The Gardens related work or social events, or undertaking The Gardens related entertainment activities or experiences.
Recorded Images may be used by us at our discretion for internal and external purposes and to promote a positive image of The Gardens, including on our internal systems (such as our “Workplace” system), in internal and external corporate, promotional, marketing, HR, training, and induction materials, publicly available websites, brochures, publications or annual reports, or in news media reports.
Recorded Images may be provided to external parties in Australia and overseas – such as marketing providers, printing companies for the purposes of preparing such publications, or to news media organisations for publication in news media reports.
11. Cookies
11.1 What is Cookie Information?
We may collect information and data when you visit our website using cookies, tags, pixels and other similar technologies (“Cookie Information”). Cookie Information includes pieces of information that a website can transfer to an individual’s computer hard drive for record keeping, such as the IP address of a user’s computer, the URL of a page visited and the time the page was visited by the user. The collection and use of Cookie Information is an industry standard and many websites collect this information.
Cookie Information is useful for facilitating a user’s access to and use of a website. It allows us to track usage patterns and compile data that can help us improve our services.
Cookie Information is useful to advertisers because it helps them understand their advertising audience, and to deliver advertising.
11.2 How do we use Cookie Information?
We may use Cookie Information, or engage third parties who collect similar information and data from publicly available sources, to deliver or modify advertising (including re-marketing) that is customised or more relevant to your interests, characteristics or general location (Targeted Advertising).
In order to carry out Targeted Advertising we may build a user and/or device profile by:
(a)using Cookie Information and de-identified system information that we hold;
(b)using device-matching technologies that utilise mobile device advertising identifiers as well as Cookie Information; and
(c)engaging or working with third parties who provide the The Gardens with information about you collected from publicly available sources or from their own databases.
We may also work with other companies to advertise their products and services online using Cookie Information. When we provide Cookie Information to third parties, we take commercially reasonable steps to ensure that the information is de-identified.
11.3 To whom do we disclose Cookie Information?
Examples of third parties that we may work with and disclose Cookie Information to include external companies and agencies that provide programmatic advertising services, specialist data companies, advertising platform providers, advertising servers, data partners, specialist data providers and social media operators such as Facebook.
11.4 How can you control Cookie Information?
The settings of most web browsers can be modified to prevent the collection of Cookie Information. You can also delete Cookie Information from your device.
Most mobile devices operating common operating systems such as Android or iOS record a unique advertising identifier. This identifier may be part of the Cookie Information we collect, and can be reset in the device settings.
12. Storage and security of your Personal Information
We generally store the Personal Information that we collect in electronic databases, some of which may be held on our behalf by third party data storage providers.
We may also, at times, keep hard copy records of Personal Information in physical storage facilities. We use a range of physical and technical security processes and procedures to protect the confidentiality and security of the Personal Information that we hold, and we update these from time to time to address new and emerging security threats.
13. Access to and correction of Personal Information
You have a right to access and correct most of the Personal Information we hold about you. If you wish to access or correct your Personal Information, please contact us via the details provided in the “contact us” section below.
To protect the integrity and security of the Personal Information we hold, we may ask that you follow a defined access procedure, which may include steps to verify your identity. In certain cases we may charge you an administration fee for providing you with access to the information you have asked for, but we will inform you of this before proceeding. There may be cases where we are unable to provide the information you request, such as where it would interfere with the privacy of others or result in a breach of confidentiality. In these cases we will let you know why we cannot comply with your request.
14. Changes to this policy
We may make changes to this policy from time to time, to take into account changes to our standard practices and procedures or where necessary to comply with new laws and regulations. The latest version of this policy will always be available on our website.
15. Complaints
We try to meet the highest standards in order to protect your privacy. However, if you are concerned about the way in which we are managing your Personal Information and think we may have breached the Australian Privacy Principles, or any other relevant obligation, please contact us using the contact details set out below. Complaints must be lodged in writing. We will deal with the matter within a reasonable time, and will keep you informed of the progress of our investigation.
If we have not responded to you within a reasonable time or if you feel that your complaint has not been resolved satisfactorily, you can contact us to discuss your concerns.
In respect of Personal Information we collect in Australia, you are also entitled to make a complaint to the Office of the Australian Information Commissioner (OAIC). Contact details can be found at the OAIC website: www.oaic.gov.au.
Contact us
We take the privacy of your Personal Information seriously. If you have any questions, comments, or complaints in relation to this Privacy Policy or our handling of your Personal Information, or if you wish to access or correct your Personal Information, please contact us:
By email: help@thegardensevents.com.au; or
By mail:
Attn: The Privacy Officer
The Gardens Outdoor Cinema and Beer Garden PTY LTD
PO Box 1080,
Mountain Gate Vic 3156
Updated November 2023
