NETBALL QUEENSLAND (NQ)
DATA SECURITY AND INTEGRITY
NQ recognises the importance of keeping its members and other users safe and their data secure. NQ seeks to ensure its products, services and infrastructure meet relevant industry standards for security, availability, processing integrity, confidentiality or privacy.
PRIVACY POLICY
1. PRELIMINARY
NQ collects, uses and stores Personal Information in the manner set out in this Privacy Policy.
If your Personal Information is protected by the Act, NQ will process and manage your Personal Information in accordance with the Act, NQ will manage your personal data in accordance with the Act. Where your Personal Information is protected by the GDPR, as well as the Act NQ will extend you the same or similar rights as contained in the Act and as set out in this Privacy Policy (unless it is unlawful or impractical to do so.
NQ’s contact details are:
Name: Netball Queensland Limited ACN 612 079 179
Address: Door A, Level 0, Queensland State Netball Centre, 590 Mains Road, Nathan QLD, 4111
Phone: ((07) 3426 9500
Email: info@netballq.org.au
NQ’s processes involve the collection and use of Personal Information in order to achieve its objectives. NQ understands that people with whom NQ engage are concerned about their privacy and the confidentiality and security of any Personal Information that is provided to NQ. Words that are capitalised in this Privacy Policy, such as “Personal Information” are defined in clause 7 of this policy.
2. BASIS FOR COLLECTION
Where NQ collects your personal information, it does so on the following basis:
2.1 Contractual services
Where you have downloaded or subscribed to the Application, NQ will need to collect and use your Personal Information to:
a) enter into NQ's agreement with you; and
b) deliver to you the services that are available through the Application.
2.2 Legitimate Business Purposes
Where NQ is not collecting and using your Personal Information for the purposes of entering into a contract with you, or to deliver services to you, NQ may still collect and use your Personal Information where it considers:
a) you will not be detrimentally impacted by NQ's collection and use;
b) such collection and use to be in accordance with what you would reasonably expect in the context of NQ's use of your Personal Information; and
c) it is necessary to fulfill NQ's objects and legitimate interests.
This may include, for example, use of your Personal Information to improve the Application or a range of services that are available through the Application.
2.3 Legal Compliance
There are certain situations in which NQ may be required to process your Personal Information in order to comply with the law, for example if NQ is subject to an order of the Court requiring such processing.
2.4 Consent
In certain circumstances NQ may request your explicit consent to our processing of your Personal Information. Where NQ does so, it will provide an explanation of the nature of the processing to which you are consenting. You can withdraw your consent at any time by contacting NQ using the contact information in section 1.
3. MINORS
In order to use the Application or otherwise access our services you must be at least sixteen (16) years of age or, where the legal jurisdiction in which you are based prescribes a higher age of maturity, at least that age.
Where you are under the age of sixteen (16) ore relevant age of maturity, your parent or guardian must consent to the collection and use of your Personal Information in accordance with this Privacy Policy. Where your parent or guardian has not provided such consent, you must not use the Application or otherwise access any of the services that NQ provides.
If you are a parent or guardian providing consent on behalf of a child for whom you are responsible, references to "you" in this Privacy Policy will be references to your child.
4. ANONYMITY
Due to the nature of the services provided by NQ it is generally impractical for NQ to deal with you on an anonymous basis. Where it is practical for it to do so, NQ shall provide you with the option to deal with NQ anonymously or by using a pseudonym.
5. COLLECTION OF INFORMATION
5.1 How NQ collects information
NQ collects Personal Information in a variety of ways, including through its Website, through your use of the Application, through communications that NQ receives from you or that you make throughout the Application (whether electronic or otherwise), or when you otherwise voluntarily provide NQ with your Personal Information (for example, where you respond to a survey or feedback request).
The Personal Information which may be collected by NQ includes:
a) your full name;
b) contact details including email address(es);
c) date of birth;
d) phone number;
e) occupation;
f) banking and credit card information;
g) details about sport and recreational teams, clubs and facilities with whom you are associated;
h) general information regarding your physical attributes (for example - height, weight, etc.) and athletic and sporting performance;
i) general data relating to your physical activity, mental health and fitness;
j) general information regarding your history of physical injury and general wellbeing;
k) your account preferences and opinions relating to NQ's services;
l) all logs, which may include information such as your internet protocol address, browser type, browser version, clickstream data, referring URLs, the pages of NQ's Website that you visit, the time spent on the pages of NQ's Website or Application and other log related information relating to your use of NQ's Website and Application; and
m) other information that you provide to NQ voluntarily and directly, including in any enquiry made to us.
All of the above information is processed for the purposes in clause 6.2.
Please note that the collection of information by NQ regarding your physical and mental wellbeing is considered to be collection of Sensitive Information. By using our Application or otherwise engaging with the goods and services that are provided by NQ, you are consenting to NQ's collection and use of such Sensitive Information. Sensitive Information will only be used for the purposes set out in this privacy policy.
Sensitive Information may be used to ensure that programs operated by NQ are run safely and in accordance with any special health needs participants may require. Sensitive Information may also be kept for insurance purposes. In addition, de-identified health information and other sensitive information may be used to carry out research, to prepare submissions to government or other regulatory bodies, or to plan events and activities. NQ will not use Sensitive Information for the purposes of providing a Health Service as defined under the Act.
5.2 NQ's Website
Whenever you visit NQ's Website, NQ's servers automatically record information for statistical purposes about your usage of the Website, such as:
a) the type of browser used;
b) the referring URL;
c) the IP address;
d) the number and tupe of pages viewed;
e) the date and time of visits; and
f) the exit URL.
This information remains anonymous and NQ does not link it to any other Personal Information unless you have either registered as a member of NQ or logged on as a member of NQ (if such functionality is available through the Website) at the time of use. Accordingly, if you have not identified yourself on NQ's Website NQ will not link a record of your usage of NQ's Website to you personally.
5.3 Cookies
NQ may utilise "cookies" through its Website which enables NQ to monitor traffic patterns and to serve you more efficiently if you revisit the Website. A cookie does not identify you personally, but it does identify your computer. You can set your browser to disable cookies or to notify you when you receive a cookie and provide you with an opportunity to either accept or reject it in each instance. If you disable cookies, you may not be able to access certain areas or features on NQ's Website.
5.4 Third Party Advertisements
NQ may from time to time allow third parties, including authorized service providers, advertising companies and ad networks to serve advertisements on NQ'd Website or through the Application. Any information that these third parties collect via cookies is completely anonymous and is non-identifiable.
5.5 Use of Google Analytics
NQ may from time to time use Google Analytics on NQ's Website, a web analysis service operated by Google Inc. (Google). Google Analytics uses cookies (text files) which are sorted on your computer and which allow for analysis of your visits to be conducted. Information concerning your visit produced through cookies (including IP address) will be transferred to and stored on a server in the USA operated by Google. Google will analyse this information to produce a report for the operator on website usage and online usage of associated services. Google may also transfer this information to third parties either where this is required by law or where third parties are contracted by Google to process data. Google will not allow your IP address to be linked to any other personal data.
You can prevent cookies being installed on your computer by changing your browser settings. If you choose to do this, your visit to NQ's Website and use of some functionality may be impacted.
5.6 Members
If you create an account through the Application, then as part of the registration process, NQ will collect information about you in order to provide you with the full benefits available through the Application. NQ collects non-identifying information as well as Personal Information from you directly when you first create an account and also from time to time thereafter if you provide NQ with additional information.
5.7 Third parties
NQ sometimes collects Personal Information from organisations or people that are known to you such as coaches, trainers, supporting staff or employers. This information is collected in pursuit of NQ's constitutional objects and legitimate business purposes and so that NQ can provide our services to you through the Application or Website.
6. PURPOSE OF COLLECTING, HOLDING, USING AND DISCLOSING PERSONAL INFORMATION
6.1 Collection
Where it is reasonable or practical to do so, NQ will endeavour to only collect Personal Information from you directly. In some circumstances and as a consequence of your use of the Application NQ may receive Personal Information from persons other than you directly (such as where it is provided by your coaches, trainers or other support staff).
6.2 Purposes of collecting Personal Information
Generally, NQ only uses Personal Information for providing, evaluating, improving, personalising and developing its services, Website and Application. More specifically NQ uses Personal Information to:
a) enable you to interact with and use the Application;
b) provide services to you through the Application as well as generally;
c) interact and provide our services to your coaches, trainers and other supporting staff with whom you are dealing;
d) acquire and maintain a membership base for NQ;
e) undertake industry research and statistical analysis, which may be provided to third parties;
f) perform internal research and for statistical purposes;
g) promoting and marketing our services;
h) enable NQ to forward information or material to you which you have requested or NQ believes may be of interest to you;
i) deal with any enquiry you may have, or make to NQ; and
j) achieve any of the purposes described in clause 6.2(a)- 6.2(i) above.
6.3 Holding of Personal Information
a) Security
NQ takes reasonable steps to protect Personal Information that NQ holds from:
(i) misuse, interference and loss; and
(ii) unauthorised access, modification or disclosure.
All staff and third-party providers with access to Personal Information, including third party data storage providers, are required to comply with appropriate information security industry standards. Although NQ works to ensure its security systems are current with regard to technological changes, there is always risk associated with the transmission of information via the internet. You acknowledge that NQ cannot guarantee the security of any data transmission, and as such any data transmission is entirely at your risk. Once NQ has received your information, it will take reasonable steps to use procedures and security features to try to prevent unauthorised access, modification or disclosure.
b) Destruction of Personal Information
If NQ:
(i) holds Personal Information about you;
(ii) no longer need the Personal Information for any purpose for which the information was originally processed as set out in clause 6.2; and
(iii) is not required by law, a regulatory authority or a court or tribunal order to retain the information.
NQ will take reasonable steps in the circumstances to destroy the information or to ensure that the information is de-identified.
6.4 Use and disclosure of Personal Information
NQ will only process or disclose Personal Information for the reasons set out in clause 6.2 in accordance with this Privacy Policy. If NQ is required to process or disclose your Personal Information for any other reasons, NQ will only do so if the following apply:
a) those reasons are related to the purposes set out in clause 6.2; and
b) you would reasonably expect NQ to use or disclose the Personal Information for those audiences; or
c) you have consented to the use or disclosure by NQ for those other reasons; or
d) the use or disclosure of the Personal Information is required or authorised by law, a regulatory authority, or a court or tribunal order.
You acknowledge that where you have provided NQ with your Personal Information, including special category personal data (such as your health and physical performance information) NQ will disclose that information to any coaches, trainers or support staff with whom you are connected through the Application and you consent to such disclosure.
6.5 Overseas Disclosure
a) In order to provide customer support, perform back office functions, store data, undertake fraud prevention tasks or provide services to you NQ may need to allow our staff or suppliers (who may be located or whose resources may be located Overseas) to access and process your Personal Information.
NQ has implemented security measures to protect the security of your Personal Information. However, as with any transfer of data, there are still risks of data breaches.
b) Where you are based in the European Union or your Personal Information is otherwise collected in accordance with the GDPR, you acknowledge that there may be instances where your Personal Information is transferred Overseas and to countries and organisations which have not been subject of an adequacy decision pursuant to the GDPR. Such transfers are necessary for our legitimate business purposes and in order for NQ to perform its services and process Personal Information in the manner specified in this Privacy Policy.
By providing your Personal Information you are explicitly consenting to the international transfer and processing of such data in accordance with the Policy, in full and informed knowledge of the risks associated with such transfers and processing.
c) In all other circumstances NQ will only disclose Personal Information to an Overseas recipient if:
(i) you consent to the transfer; or
(ii) the disclosure of the information is required or authorised by law, a regulatory authority, or a court or tribunal order.
7. ACCESS AND CORRECTION
7.1 Access to Personal Information
We will provide you with access to the Personal Information held by NQ in relation to the extent that denying access is required or authorised by law, a regulatory authority or a court or tribunal order.
7.2 Request for Access
To request access to the Personal Information held by NQ about you, you must contact NQ using the contact details in clause 1, following which NQ will contact you within a reasonable time from our receipt of your request and either provide you with that Personal Information, or notify you when NQ will provide you with your Personal Information.
Any Personal Information requested will be provided not more than 30 days after our receipt of your request unless NQ decides not to provide you with access to the Personal Information. We will only decide not to provide you with access to your Personal Information where to do so would breach the law, the ruling of a regulatory authority, or a court or tribunal order. If this is the case NQ will advise you of the reasons for such decision.
7.3 Use of Intermediaries
Where because of any of the reasons described in 7.1 above NQ is not required to provide you with access to the Personal Information then NQ will, if it is reasonable to do so, consider whether the use of an agreed intermediary would allow sufficient access to meet our respective needs.
7.4 Costs
NQ will not charge your for providing you with an initial copy of your Personal Information. NQ reserves the right to charge you for providing additional copies of your Personal Information after the first. If NQ does decide to charge you fees, such fees will not be excessive and NQ will notify you of those costs prior to providing you with a copy of the Personal Information. NQ may require those costs to be paid prior to providing you with further copies of your Personal Information.
7.5 Data portability
Insofar as it does not adversely affect the rights and freedoms of others and where you have communicated a request to NQ:
a) NQ will provide you with such Personal Information that it has collected about you in a structured, commonly used and machine-readable format; or
b) after receiving your request, where technically feasible, NQ will transmit your Personal Information directly to another data processor or controller.
7.6 Correction of Personal Information
a) NQ must ensure that Personal Information that NQ is processing is kept accurate and up-to-date. Accordingly, please notify NQ if any of your Personal Information changes, so that NQ may update its records. NQ notes that you will also have the capacity to update substantially the Personal Information that NQ holds relating to you via the Application.
b) If at any time you wish to correct any Personal Information held by us, please contact NQ as specified in clause 1 and NQ will correct such Personal Information (having regard to the purpose for which it is held) to ensure that the information is accurate, up to date, complete, relevant and not misleading.
If NQ elects not to correct your information due to relevant law, regulatory authority or court or tribunal order, it will notify you within a reasonable time of the reason for our refusal.
c) If NQ corrects Personal Information about you that NQ previously disclosed to another party, NQ will take reasonable steps in the circumstances to give that party notification, unless it is impracticable or unlawful to do so.
d) You have the right to the erasure of your Personal Information. If you wish to have your Personal Information erased, please let NQ know and NQ will take all reasonable steps to destroy it, unless NQ needs to keep it in order to comply with a law, regulatory authority or court or tribunal order. Again, where NQ has provided your Personal Information to a third party, it will take reasonable steps to ensure that party also deletes your Personal Information.
7.7 Restriction of processing
You may request that NQ limits or restricts the way it deals with and processes your Personal Information. Where NQ is satisfied grounds for restriction exist, NQ will only process your Personal Information:
a) with your consent;
b) for the establishment, exercise or defense of legal claims against NQ; or
c) for the protection of the rights of another natural or legal person
8. COMPLAINTS
Any issues or complaints in relation to the collection, use, disclosure, quality, security of and access to your personal information may be made to NQ’s Privacy Officer, Matt Battams at NQ’s address set out above.
NQ will respond to your complaint within 30 days and try to resolve it within 90 days. If NQ is unable to resolve your complaint within this time, or you are unhappy with the outcome, you can contact the Office of Australian Information Commissioner via its enquiries line 1300 363 992 or website http://www.oaic.gov.au/ to lodge a complaint.
For further information on NQ's management of Personal Information, please contact NQ.
NQ may amend this Privacy Policy from time to time.
9. DEFINITIONS
Act means the Privacy Act 1988 (Cth).
Application means the software application made available to you by NQ known as "Girl Warrior" or "Tribeplay" and includes content and access to health and sports science information and resources, an athlete management system that records data such as sleep, mood, movement, physical health, fitness and wellbeing information and tracks progress to improve performance.
GDPR means Regulation (EU) 2016/679 of the Europena Parliament and of the Council of 27 April 2016 (General Data Protection Regulation).
Overseas means the transfer of Personal Information to a jurisdiction outside of that in which it was originally collected and processed.
Personal Information and Sensitive Information have the same meaning as in the Act.
Special Category Personal Information means personal data revealing racial or ethnic origin, political opinions, religious or philosphical beliefs, or trade union membership and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person's sex life or sexual orientation.
Website means the website located at the domain names www.girlwarrior.com.au and/or www.girlwarrior.online or https://qld.netball.com.au/ as updated by NQ from time to time.