Privacy Policy

Black Swan State Theatre Company Ltd (ABN 28 053 092 961) (Black Swan) believes privacy is an important right of individuals. Black Swan takes steps to protect your personal information from misuse and to use your information only in the ways described in this privacy policy and in accordance with the Privacy Act 1988 (Cth) (Privacy Act).

Terms used in this privacy policy have the same meaning as those in the Privacy Act.

We make our privacy policy available on our website located at https://blackswantheatre.com.au/terms-conditions/privacy-policy and we can also provide a hard copy version upon request. If you would like more information or a hard copy of this privacy policy, please contact us by:

Phone: (08) 6212 9300;

E-mail: information@bsstc.com.au; or

Post: State Theatre Centre of WA

Level 1, 182 William Street

Perth WA 6000 Australia

Personal information means information or an opinion about an individual whose identity is apparent or can reasonably be ascertained from the information or opinion. The personal information which we collect, store, use and disclose may include:

• your name;
• your contact details;
• your residential address;
• your banking details and/or credit card details;
• your age or date of birth;
• your personal and professional interests;
• your employment history;
• educational qualifications;
• your current occupation; and
• any other personal information provided by you during the course of your interactions or correspondence with Black Swan.

Some personal information is considered 'sensitive information' for the purposes of the Privacy Act. The sensitive information which we may collect, store, use and may disclose includes information or an opinion about an individual's:

• health;
• race or ethnic origin;
• political opinions; or
• membership of a trade union.

In most circumstances, it is impractical for people to communicate with us anonymously. We need to identify you to assist you effectively. However, in circumstances where it is lawful and practicable to do so, we will provide you with the option of not identifying yourself, or using a pseudonym, when entering into communications with us.

Collection generally

We only collect personal information by lawful and fair means where reasonably necessary for our functions or activities as a theatre company providing theatre productions, commissions and learning experiences, live and on-line.

When asking you to provide personal information, Black Swan will inform you of the purpose of gathering such information, the nature of the third parties to whom Black Swan will provide that information, and Black Swan's contact point.

We collect personal information which you provide to us in the course of:

• purchasing a product or making a booking, including via our website, social media page, internal website, intranet, or any Black Swan State Theatre Company mobile or tablet applications;
• contacting us directly in person or via any medium including mail, telephone, social media and or by means of other forms of electronic communication, including via the contact details listed on our website;
• updating or changing your details;
• signing up or registering to become a member of any Black Swan program;
• subscribing to any of our newsletters, updates, alerts or news and media releases, or requesting launch or event information or information about our products or services or third-party products or services;
• participating in competitions, offers, promotions or marketing activities; or
• completing and submitting any forms or surveys to us, either physically or electronically.

We may also obtain personal information about you from legitimate third-party sources including list brokers, referral agents and other data providers or organisations that share data in circumstances where it is lawful and/or you have given permission for them to do so. Finally, we may be provided with personal information such as your name and email address from a third party if that third party purchases tickets on your behalf (e.g., where you are part of a group booking), or purchases a gift certificate for you.

Subject to certain exceptions under the Privacy Act, we only collect sensitive information about you if you consent to the collection of the information and the information is reasonably necessary for one or more of Black Swan's functions or activities. The provision of sensitive information to Black Swan on a voluntary basis will be taken to be consent for this purpose.

From time to time, we may receive unsolicited personal information about you. Unsolicited personal information is information we may receive from you which is not in response to a request by us for that information.

Where we receive unsolicited personal information about you (either directly from you or from a third party), we will consider, within a reasonable period, whether we could have collected that personal information from you had the personal information been solicited.

Where we determine that we could have collected the unsolicited personal information had it been solicited, we will store, use, and disclose that personal information in the manner set out in this privacy policy.

Where we determine that we could not have collected the unsolicited personal information had it been solicited, we will destroy or de-identify that unsolicited personal information as soon as practicable, provided it is lawful and reasonable to do so.

Cookies

As with many commercial websites, Black Swan may also use 'cookies' to collect information which tells us about visitors to our website. As you navigate through our website, certain information can be passively collected (that is, gathered without you actively providing the information) using various technologies, such as Unique Device Identifiers (UDI), cookies, Internet tags or web beacons, and navigational data collection (log files, server logs, clickstream). In certain circumstances, this information may be considered anonymous information or personal information under the Privacy Act. This is dependent on the device used and the method by which you connect to the Internet. For example, while this information is generally not linked to the identity of visitors, it may be linked where our website is accessed via links in an email we have sent or where we are able to uniquely identify the device or user accessing our website.

Your Internet browser automatically transmits to the website you are browsing some of this anonymous information or personal information, such as the URL of the website you just came from, the Internet Protocol (IP) address, the UDI (if applicable) and the browser version your device is currently using. Our website may also collect anonymous information or personal information from your device through cookies and Internet tags or web beacons. You may set your browser to notify you when a cookie is sent or to refuse cookies altogether, but certain features of our website might not work without cookies, and this may limit the services provided by our website. Cookies and other technical methods may involve the transmission of information either directly to us or to another party authorised by us to collect information on our behalf.

Our website may use and combine such passively collected anonymous information or personal information from various third-party sources to provide better service to our website visitors and users, customise our website based on your preferences, compile and analyse statistics and trends, and otherwise administer and improve our website for your use. We may combine your visitor session information or other information collected through tracking technologies with personally identifiable information from time to time in order to understand and measure your online experiences and to determine what products, promotions and services are likely to be of interest to you. By accessing our website (including via links in an email we have sent), you consent to information about you being collected, compiled, and used in this way.

For more information about cookies and how you can opt out, you can visit http://www.youronlinechoices.com.au.

User-generated content

Black Swan may provide areas on a website where you can upload user-generated content, post or provide information about yourself, share photos, communicate with other users, provide reviews for content, products and/or services or interact with or vote on particular content. This information may be shared with others and may be publicly posted on our website, including without limitation, other social media platforms and other public forums in which you choose to participate. This information may become publicly available and may be read, collected, and used by others outside of our website. Black Swan is not responsible for the conduct of others who may read, collect, and use this information.

We may collect, store (in hard copy or electronic form), use or disclose and otherwise process your personal information for the primary purpose of conducting and supporting our functions or activities as a theatre company providing theatre productions, commissions and learning experiences, live and on-line, in Western Australia. Without limiting the foregoing, we may collect, store, use or disclose your personal information:

• to provide you with information about your tickets and purchase transactions;
• to facilitate your purchase transactions;
• to facilitate or provide you with certain content, products or services, and information about such content, products or services, marketing materials, newsletters, electronic newsletters (e-newsletters), news and media releases / launch information, and also to advise you of other Black Swan or third-party products, services, offers, competitions, or events which may be of interest;
• to contact you should we need to;
• to provide you with training, including online training;
• to undertake recruitment for Black Swan;
• to address any enquiries, complaints, or feedback from you;
• to obtain opinions or comments about products and/or services and to conduct other market analysis and research and development;
• to provide you with useful information including event information; and
• to do anything Black Swan is required or authorised to do by law.

Without legitimate grounds for doing so, Black Swan does not provide personal information you provide to us to third parties other than to:

• related group companies;
• third parties where you have given your consent (express or implied);
• our professional advisors, contractors, or other service providers whom Black Swan may engage from time to time to carry out, advise or assist with the carrying out of the functions or activities of Black Swan, including the Tessitura Consortium (discussed further below in section 11) and third-party credit card merchants which Black Swan may use to process your transactions; and
• government agencies or other similar entities as required or permitted by law.

Black Swan will not use your personal information for a secondary purpose unless:

• you consent to the use or disclosure, or you would reasonably expect us to use it for a secondary purpose which is related to the primary purpose;
• the use or disclosure is required or authorised by law; or
• the use or disclosure is otherwise permitted by the Privacy Act (for example, as a necessary part of an investigation of suspected unlawful activity).

Black Swan may also aggregate data for the purposes of market research and analysis. Where this occurs, your information is de-identified by removing data that can identify you, such as your name, address, and telephone number.

We are based in Australia, so your personal information will be processed in Australia. Black Swan does not send your personal information to third parties located overseas.

Direct marketing

Unless you request otherwise, we may also use your personal information for marketing purposes to send you news, information about our activities and general promotional material which we believe may be useful or of interest to you. If you receive communications from Black Swan which you do not wish to receive, you may remove your name from the database either by utilising the functional unsubscribe facility (if the communication is via a commercial electronic message) or by contacting Black Swan via:

• email: information@bsstc.com.au; or
• telephone: +61 8 6212 9300.

Despite removing your name from the database from receiving future advertising and marketing information, Black Swan may send you non-commercial administrative communications. Administrative communications are those that relate to a Black Swan user account and may include administrative and transaction confirmations, requests and inquiries or information about a particular Black Swan user account.

Black Swan uses a database hosted by Tessitura Consortium, of which Black Swan is a member.

The personal information about you that you provide to Black Swan is stored in this database for the purposes of streamlining ticketing and commissions, and membership.

This database is a customer relationship management system which is shared in a consortium of West Australian arts organisations who use a common system, Tessitura, for the purpose of ticketing, marketing, fundraising and customer relationship management. Generally, your personal information will only be accessed by Black Swan staff and officers when and where appropriate or necessary. However, the organisations in the consortium can view your name and contact details.

Your credit card details are only used to facilitate your booking and/or purchase and will never be supplied to other members.

Where members other than Black Swan have access to your personal information, they are required to comply with the requirements of the Privacy Act.

Personal information will not be collected by any person who is known by Black Swan to be under the age of fifteen without the consent of a parent or legal guardian.

Persons under age fifteen should only use our website with the involvement and consent of a parent or legal guardian.

If Black Swan merges with, or is acquired by, another company, or sells all or a portion of its assets, your personal information may be disclosed to our advisers and any prospective purchaser’s adviser and may be among the assets transferred.

However, personal information will always remain subject to this privacy policy.

We take reasonable steps to protect your data from misuse, interference, and loss, and from unauthorised access, modification, or disclosure.

Black Swan also takes reasonable steps to destroy or permanently de-identify personal information which it holds, and which is no longer needed for the purposes described in this privacy policy.

Subject to any exceptions in the Privacy Act, if you have provided us with personal information, you have a right to request access to it. If you are of the belief that Black Swan holds personal information relating to you and you wish to obtain access to this information, please contact us using the details provided in "Section 2 - Open and transparent management of personal information". We may ask you to provide proof of your identity if you request access to or correction of your personal information.

In the event that a request for access is made, we will review our records to determine what personal information relating to you we hold and endeavour to respond to your request within a reasonable period after the request is made, but in any event, within 30 days.

Once we have notified you of the nature of the personal information relating to you which we hold, we will give you access to your personal information in the manner requested by you, if it is reasonable and practicable to do so.

We do not levy a charge in respect of the making of a request for access to personal information held by us. However, we may charge you for the reasonable costs incurred by us in providing you with access to the personal information held by us.

The Privacy Act provides instances where a holder of personal information may refuse to provide an individual with access to their personal information. If we refuse to give you access to your personal information, we will give you a written notice that sets out our reasons for the refusal and the mechanisms available to complain about our refusal.

Black Swan takes reasonable steps to keep your personal information as accurate, complete, and up to date as possible. We make an effort to ensure this data is of high quality, but this relies on the accuracy and frequency of data provided by you.

You can assist us by notifying us if your circumstances change, such as if your name or address changes.

If we hold personal information about you and you request that we correct the information, we will take reasonable steps to rectify the situation free of charge if we are satisfied that the information is inaccurate, out-of-date, incomplete, irrelevant, or misleading. If we refuse to correct your personal information, we will give you a written notice setting out our reasons for the refusal and the mechanisms available to complain about the refusal.

If you wish to make a complaint about a breach of your privacy by Black Swan, you may contact us using the contact details provided in "Section 2 - Open and transparent management of personal information". All complaints will be investigated by an appropriately qualified representative of Black Swan. We will endeavour to resolve your complaint as quickly as possible and, in any event, within 30 days. We will notify you of the outcome of any investigation, including how we propose to resolve your complaint and what, if any, corrective measures we will implement.

If you are not satisfied with our handling of your complaint, you may lodge a complaint with the Office of the Australian Information Commissioner (OAIC). For more information about doing so, visit https://www.oaic.gov.au/privacy/privacy-complaints/.