PRIVACY POLICY

KC UNIT TRUST / Babylon Festival Privacy Policy

KC Unit Trust PTY LTD

The Babylon Festival website located at www.babylon.net.au/ (the “Website”) is controlled and operated by KC Unit Trust Pty Ltd which operates, promotes and organises the annual lifestyle, cultural and music event known as Babylon Festival (the “Festival”). When operating the Website, as well as selling tickets to the Festival or otherwise interacting with attendees or other people who are involved with the Festival, we regularly come into contact with Personal Information. This policy (the “Privacy Policy”) explains how we handle Personal Information in the course of operating the Website and our Business (defined below).

IMPORTANT WARNING

If you do not consent to us collecting, handling or using their Personal Information (defined below) in accordance with this Privacy Policy, you should not use this Website, buy or accept a ticket to the Festival, or otherwise directly or indirectly supply our Business with Personal Information.

Last updated 26 June 2017.

DEFINITIONS

Where a definition is used for the first time in the Privacy Policy, it will appear in bold text.

“User”, “you” and “your” refer to any person who accesses, browses or uses the Website, attends the Festival or otherwise supplies us with Personal Information.

“Business” means the business operated by the Promoter (defined above) insofar as it organises, promotes and hosts the Festival and the Website.

“Personal Information” means any information or opinion, whether true or not and whether or not in material form, about a person who is identified or reasonably identifiable.

“Privacy Act” means the Privacy Act 1988 (Cth) as updated or amended from time to time.

“Promoter”, “we”, “our” and “us” refer to Gap Events Pty Ltd as trustee for GAP Events Unit Trust (ABN 55 163 090 785) and its officers, employees, contractors, agents, licensees and other representatives.

“Ticket Terms and Conditions” means the terms and conditions applicable to the purchase or use of tickets, and all entry, to the Festival, which at the time of writing this Privacy Policy were available at www.babylon.net.au

“Website” means the website located at www.babylon.net.au and all websites with the prefix www.babylon.net.au

TERMS OF PRIVACY POLICY

We take privacy of Personal Information seriously and we comply with the Privacy Act as a matter of best practice. This Privacy Policy should be read in conjunction with the terms and conditions for the Website available at https://www.rainbowserpent.net/website-tcs (“Website Terms and Conditions”). This Privacy Policy may change. If we change our Privacy Policy, we will display notice of changes on the Website. Please check for updates regularly.

1. Application and Consent

This Privacy Policy applies to the way we handle, collect and use Personal Information in connection with the Website and the Festival. By using the Website, or purchasing a ticket to or attending the Festival, or otherwise directly or indirectly supplying us with Personal Information, you consent to our collection, use and disclosure of your Personal Information in accordance with this Privacy Policy.

2. Supplying us with Personal Information

Before supplying us with any Personal Information, you should ensure that there are no restrictions on you doing so. We are not responsible for any mistake or negligence or other conduct on your part where you supply Personal Information which you are not entitled to supply, but we will take reasonable steps to destroy or de-identify any such wrongfully supplied Personal Information within a reasonable timeframe after you have given us notice.

3. What kinds of Personal Information do we collect?

The kinds of Personal Information we may collect about you includes your name, address, e-mail address, telephone number, gender, age, date of birth and credit card details. You may also provide us with Personal Information relating to third parties, such as where you purchase tickets to the Festival on behalf of others.

We may also ask you to provide or otherwise collect information or an opinion about your health, including an illness, disability or injury, or a health service that has been or will be provided to you at the Festival; and/or personal information collected to provide a health service at the Festival (“Health Information”). If you supply us with any Health Information, you will be taken to have provided us with consent to collect that information in accordance with this Privacy Policy.

4. How do we collect Personal Information?

We collect Personal Information where reasonably necessary for us to operate our Business. The ways in which we may collect your Personal Information include:

When you access the Website;
When you purchase a ticket to the Festival;
When a third party purchases a ticket to the Festival and nominates you as the ticket-holder;
Where you provide us with verification of your identity at the Festival in order to gain entry;
Where you apply to attend the Festival as a volunteer;
When we receive other enquiries or correspondence via the Website or by e-mail;
When you sign up to the mailing list provided on our Website;
Where you interact with us and other persons via the Website or social media on third party social media platforms;
Where you are injured or ill and attend our first aid tents; and
From you through any use we may make of browser ‘cookies’ or trackers on the Website.
This Privacy Policy does not exhaustively list the ways in which we may collect Personal Information or the kinds of Personal Information we may collect.

5. How do we use your Personal Information once we have collected it?

You agree that we may use or disclose Personal Information we collect for the following purposes:

To run the Festival in a safe manner and in accordance with our obligations at law;
To operate our Business in an effective manner (for example, by ensuring the capacity and facilities of the venue for the Festival are suitable);
To understand usage trends and patterns and improve Users’ overall experience of the Website;
To fix problems and respond to feedback and complaints;
To enforce any agreements between a User and us, such as the Website Terms and Conditions or the terms and conditions applicable to attendance at the Festival; and
To allow us to run the Website and perform administrative and operational tasks.
We will not sell or license any Personal Information to any third parties. However, we may share and license non-personal statistical data to third parties, including analytics and research entities. We endeavour to aggregate this data in such a way as will de-identify individual Users.

In addition, the Privacy Act caters for particular situations called “Permitted General Situations” where Personal Information may be disclosed outside of the purposes listed above, such as to lessen or prevent a serious threat to public health or safety, or to assist in locating missing people. For example, we may be required to disclose your Personal Information in order to provide you with emergency medical assistance. Other laws, or a court, might also legally compel us to disclose Personal Information, such as where there is an emergency or legal incident on-site at the Festival.

6. How do we store Personal Information?

We may store Personal Information in a variety of ways including via cloud computing, or other types of networked or electronic storage. We may store and make back-up copies of Personal Information to ensure that we are able to recover information if our systems experience a fault or outage.

7. Are we going to contact you with direct marketing?

We may use Personal Information to provide you with email and text message reminders and important information prior to the Festival, notify you when tickets are released for future Festivals, for other commercial and safety purposes related to the Festival, and to update you on new offerings from our Business. If you do not wish to receive direct communications from us, you may opt out by signing in to your website account and unsubscribing (MY ACCOUNT > SUBSCRIPTIONS), contacting event@babylon.net.au following the link at the end of the relevant marketing email.

8. How will our ticketing agents handle Personal Information and payment information?

Any handling of your Personal information disclosed to any ticket agent is out of our control and is entirely the responsibility of that ticketing agent. We will not be liable or responsible for the handling of your Personal Information by those third parties. If you are curious, we recommend that you make enquiries as to how any ticketing agent will handle your Personal Information (by, for example, requesting a copy of their privacy policy).

9. Are we responsible for the privacy practices of other third parties?

We take no responsibility for the privacy practices of any third parties that we may link to on the Website.

10. Can you access your Personal Information, and correct it if it is wrong?

You can ask us to provide you with a copy of the Personal Information we hold about you. You do not need a reason for asking, but we may charge you for our reasonable expenses for preparing and sending this to you. We will try to respond to your request within a reasonable timeframe.

11. How do we keep Personal Information secure?

We will take all reasonable steps to protect Personal Information from misuse, interference and loss, and unauthorised access, modification or disclosure. Unfortunately, no data transmission over the internet can be guaranteed to be completely secure. We also cannot guarantee that the Website will be completely free from viruses, surveillance or interception.

12. Do we use cookies, trackers and analytics?

We may use tracking and analytical tools and technologies to collect information about a User’s browsing habits and conduct on the Website. This may include, but is not limited to, technology which enables us to obtain the following information about Users’ approximate geographical location; how a User arrived at the Website; how long a User remains on the Website and which pages of the Website the User visits; language, date and time settings, IP address and operating system of the device being used to access the Platform.

We may collect this information in order to improve our Platform and manage our Business; direct the most appropriate content to the relevant User; enforce the Ticket Terms and Conditions against any User and remember a User’s preferences for the next time they use the Platform. We will endeavor to collect this information in a way that does not identify individual Users, but we cannot guarantee that our method of collecting or aggregating this information will not result in it amounting to Personal Information. You may be able to opt out of the use of, or block, certain technologies via your browser or device settings, but this may affect the way you experience the Platform.

13. Will we transfer Personal Information to anybody?

If we change our business structure (for example by incorporating, or by bringing on board new partners), then, in our sole discretion, we may transfer, sell, license or assign your Personal Information collected to one or more relevant third parties. This may make your Personal Information subject to a different privacy policy and if that is the case, we will post notice of this on the Website.

14. Consent to exchange of Personal and Heath Information with Medics and Authorities

In the event you become ill or are injured at the Festival or are otherwise involved in an emergency, you hereby consent to us providing certain Personal Information and Health Information belonging to you directly to first aid service providers, paramedics, police and/or the fire brigade (“Providers”) and to Providers directly providing your Personal Information and Health Information to us, at our request. We may use such Personal Information and Health Information (such as information about your condition, the cause or your illness and/or accident and other important information) so that we can urgently provide you with necessary heath care as well as allowing us to identify and attend to any relevant hazards and risks on the Festival Site.

15. Who can you contact with questions and complaints regarding this Privacy Policy?

If you have any questions or if you think something is not quite right, please contact us at any time by emailing event@babylon.net.au

For further information on online privacy rights, please contact the Office of the Australian Information Commissioner:

Online: www.oaic.gov.au/privacy
Phone: 1300 363 992
Emaill: enquiries@oaic.gov.au