Privacy Policy

https://www.artfilms.com.au and https://www.artfilms-digital.com are sites operated by Contemporary Arts Media Pty Ltd ACN 107 103 382.  Contemporary Arts Media Pty Ltd is registered in Footscray, Vic, Australia.This document tells you the terms of use on which you may make use of these websites (“our Sites”), and sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read these terms of use carefully before you start to use the Site. By using our Site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our Site.

1. Privacy Statement

Contemporary Arts Media Pty Ltd is committed to protecting the privacy of any information volunteered by visitors to its websites, and employees, faculty, students and others who have rights to log into them.
All users of Contemporary Arts Media Pty Ltd websites and services should ensure they read and understand this Statement prior to using such websites or services. If you do not agree with this Privacy Statement, please do not use any Contemporary Arts Media Pty Ltd website or the related services.

2. Purposes

The purposes of this Statement are to:

  • clarify the responsible collection and handling of personal information by Contemporary Arts Media Pty Ltd
  • inform individuals of their right to access information about them which is held by Contemporary Arts Media Pty Ltd and to correct anyerrors in that information
  • establish a complaints procedure for investigation and rectification of privacy breaches.

3. Scope and responsibility

This Statement applies to personal information collected by Contemporary Arts Media Pty Ltd concerning clients, prospective clients and other individuals. It also applies to employees to the extent that the personal information is not part of the employee’s employment record with Contemporary Arts Media Pty Ltd. It does not apply to information about corporations.

4. Privacy Principles

This Statement must be observed by all Contemporary Arts Media Pty Ltd employees, consultants, external contractors and students who have access to personal information held by Contemporary Arts Media Pty Ltd.The Privacy Act 1988 (Cth) sets out Privacy Principles which must be observed by organisations such as Contemporary Arts Media Pty Ltd that collect and hold personal information. Contemporary Arts Media Pty Ltd’s rights and obligations with respect to personal information are based on those Privacy Principles.

5. Privacy Officer

Contemporary Arts Media Pty Ltd has appointed a Privacy Officer who will be responsible for the administration of this Statement. Contemporary Arts Media Pty Ltd’s Privacy Officer may be contacted for further information via info@artfilms-digital.com.


6. Complaints process

The following process will apply if an individual considers that Contemporary Arts Media Pty Ltd has been involved in a privacy breach in respect of that individual:

  • A written complaint must be forwarded by email to the Privacy Officer within three (3) months of the time the complainant first becameaware of the apparent breach. The complaint must specify details of the apparent breach.
  • The Privacy Officer must make a determination on the complaint within forty-five (45) days of receipt of the complaint, and advise the complainant in writing.
  •  If the Privacy Officer determines that there has been a privacy breach, he or she will, upon notification of the determination to the complainant, advise relevant Contemporary Arts Media Pty Ltd personnel in writing of any action required in order to remedy the breach. If the breach is capable of being rectified and is not rectified within thirty (30) days of the advice from the Privacy Officer, the Privacy Officer must inform the Chief Executive Officer of Contemporary Arts Media Pty Ltd.
  • The Privacy Officer will keep a record of complaints.

7. Consequences if this Statement is breached

Disciplinary or legal action may be taken against any person who is involved in privacy breaches, including summary dismissal in the event of what Contemporary Arts Media Pty Ltd considers to be a serious breach by an employee.

 


Privacy Principles


1. Collection

1.1 Intention to collect

Contemporary Arts Media Pty Ltd:

  • will collect personal information only if the information is necessary for one or more of its functions or activities
  • must collect personal information only by lawful and fair means and not in an unreasonably intrusive way.

1.2  Notice of collection

When Contemporary Arts Media Pty Ltd collects personal information about an individual from the individual, it will take reasonable steps to ensure that the individual is aware of:

  • the identity of Contemporary Arts Media Pty Ltd and how to contact it; and
  • the fact that he or she is able to gain access to the information; and
  • the purposes for which the information is collected (the primary purposes); and
  • to whom (or the types of individuals or organisations to which) Contemporary Arts Media Pty Ltd usually discloses information of that kind; and
  • any law that requires the particular information to be collected; and
  • the main consequences (if any) for the individual if all or part of the information is not provided.

1.3  Source of data

If it is reasonable and practicable to do so, Contemporary Arts Media Pty Ltd will collect personal information about an individual only from that individual.

However, there will be instances where Contemporary Arts Media Pty Ltd will obtain such information from other sources, e.g. references for employment purposes, verification of formal qualifications of employees. In such instances Contemporary Arts Media Pty Ltd will take reasonable steps to ensure that the individual is or has been made aware of the matters listed in Principle 1.2 except to the extent that making the individual aware of the matters would pose a serious threat to the life or health of any individual.

1.4 Types of Information We Collect About You

Information you or your Institution may provide

Depending upon the Contemporary Arts Media Pty Ltd Services you are accessing, we may collect information such as

  • Contact details such as (for example) your full (i.e., first and last) name, institutional affiliations, phone number, email address, and postal address
  • If you are a paying subscriber, we may collect your credit or other payment card information
  • Educational and professional background information
  • Usernames and passwords
  • Comments, feedback, posts and other content you submit to the Contemporary Arts Media Pty Ltd Service
  • Information you provide to or post on message boards or chat rooms that are part of the Contemporary Arts Media Pty Ltd Services
  • Interests and communication preferences

In all cases, you will be given advanced notice of what information specific to you we are collecting. Posting information on message boards or in chat rooms is never required.

Information collected automatically

Depending upon the Contemporary Arts Media Pty Ltd Service you are using, Contemporary Arts Media Pty Ltd may also automatically collect information about you or your computer or device that does not directly identify you. This information may include:

  • Information about your use of Contemporary Arts Media Pty Ltd Services (including web pages you have visited, apps you have downloaded, parts or functions of the Contemporary Arts Media Pty Ltd Services you have used or viewed, content you have accessed or viewed, transaction history)
  • IP address and device identifiers, information about your Internet connection
  • Information about the equipment or software you use to access Contemporary Arts Media Pty Ltd Services

Information is only collected to the extent that it is necessary for us to provide the Contemporary Arts Media Pty Ltd Services that you use, to optimize your user experience, and/or to make improvements to the Contemporary Arts Media Pty Ltd Service. Contemporary Arts Media Pty Ltd does not serve advertising.

You have the ability to choose to opt out of inclusion of your personal information at the point of disclosure. You may choose whether your personal information is (i) to be disclosed to a third party or (ii) to be used for a purpose that is materially different from the purpose(s) for which it was originally collected or subsequently authorized by you.  You may also opt out of use of your personal information as outlined below under Access and correction.

1.5 How We Collect Information About You

We collect information about you in three main ways:

  • Information Directly Provided by You or Your Institution: We collect information about you when you register for Contemporary Arts Media Pty Ltd Services, download an app, sign up for email or text alerts, make other purchases via a Contemporary Arts Media Pty Ltd Service, request products or services, respond to surveys, fill out registration forms on a Contemporary Arts Media Pty Ltd Site for events, register for or view webinars; create a profile, publicly post or share content, contact us, use social media connections, and/or otherwise interact with Contemporary Arts Media Pty Ltd Sites or Services. We may receive and store information provided by your institution to the extent required to perform a contracted service.
  • Information Collected Automatically Using Technological Means: We collect information through the use of cookies and similar technologies to log your activities while visiting the Contemporary Arts Media Pty Ltd Sites. You may set your browser to block all cookies, including cookies associated with Contemporary Arts Media Pty Ltd Services, or to indicate when a cookie is being set by us. However, it is important to remember that many of our services may not function properly (or at all) if your cookies are disabled.
  • Information Collected Through Third Parties: We work with third parties (for example, data aggregators) and may receive information about you from them.

1.6   Cookies and Similar Technologies

Contemporary Arts Media Pty Ltd uses cookies to manage and improve the functionality of our websites and to enable us to better understand how you use our services. A cookie is a tiny text document, which usually includes anonymous information about the user. Our cookies are not used to serve advertising and we do not provide any usage or search data to advertising agencies. You can set your browser to not accept Contemporary Arts Media Pty Ltd’s cookies, but you might not be able to access all aspects of the Contemporary Arts Media Pty Ltd Site you are visiting.

1.7   How We Use and Share Information About You

Contemporary Arts Media Pty Ltd uses the information we collect for the purposes of authorizing and processing transactions, authenticating users, customer service, customer support, content processing, content classification, and providing you with information concerning the Contemporary Arts Media Pty Ltd Services. We will retain this information for as long as the customer account is active or as needed to provide the Contemporary Arts Media Pty Ltd Services, comply with our legal obligations, resolve disputes, and as needed to comply with or enforce our licenses and other agreements.

We may share information—such as aggregate data and information about your use of Contemporary Arts Media Pty Ltd Services—with third parties. We may also share information about you in ways disclosed at the time you provide that information.

Contemporary Arts Media Pty Ltd remains responsible for the personal data that we share with third parties for processing on our behalf, and we remain liable under this privacy policy if such third parties process such personal data in a manner inconsistent this privacy policy and we are responsible for the event giving rise to the damage.

Please keep in mind that any information you disclose publicly – either in a Public Profile or through message boards or other public areas – may be collected and used by others, may be indexable by search engines, and might not be able to be erased from public view to the extent they have been copied to external sites. Please be careful when disclosing personal information in these public areas.

The following is a list of instances where we may share your information with third parties:

  • Institutions or Businesses: If you access the Service through your affiliation with an institution or through your employer, your information and certain usage data gathered through the Contemporary Arts Media Pty Ltd Service may be shared with the institution or business for the purposes of usage analysis, access and license management, collection management, contract and regulatory compliance, and cost allocation.
  • Publishers/Content Providers: We may provide anonymized information to publishers so that they understand how their content is being used and consumed.
  • Service Providers: At times Contemporary Arts Media Pty Ltd may hire other companies to process data or do work on our behalf. This is always pursuant to a contract that requires the third-party service provider to protect your information consistent with this privacy policy. These companies are only provided the information they need to perform their functions and the information can only be used to perform the services on our behalf or to comply with legal requirements. We do not disclose personal information to third parties for direct marketing purposes.
  • Message Boards and Other Public Areas: Information you post on message boards, chat rooms, or other public areas that are part of the Contemporary Arts Media Pty Ltd Services is public and will not be kept private.  Should you wish to remove your postings from message boards or other public areas, follow the instructions under the Access and correction portion of this policy.
  • Contests and Sweepstakes: We may publicly disclose the name, city and state of contest and sweepstakes winners as permitted by the contest/sweepstakes rules or as required by law. You may be required to consent to if you wish to enter a given contest or sweepstakes.
  • Sale or Purchase of Business or Assets: If Contemporary Arts Media Pty Ltd is involved in a merger, acquisition, or asset sale, we will continue to ensure the confidentiality of any personal information and give affected users notice before personal information is transferred or becomes subject to a different privacy policy.
  • Legal Reasons: We will disclose information to cooperate with law enforcement, government or regulatory bodies, content protection organizations, or judicial processes as required by the applicable laws and regulations. We may also use or disclose information to enforce or protect the rights or safety of Contemporary Arts Media Pty Ltd Services users, us, or others. We will provide notice to individuals prior to such disclosures, to the extent it is practicable to do so allowed by law.

2. Use and disclosure

Contemporary Arts Media Pty Ltd will not without the prior consent of an individual use or disclose personal information about that individual for a purpose (the secondary purpose) other than the primary purposes of collection except in any of the following situations:

  • the secondary purpose is related to the primary purpose of collection and, if the personal information is sensitive information, directly related to the primary purpose of collection;
  • the individual would reasonably expect Contemporary Arts Media Pty Ltd to use or disclose the information for the secondary purpose of collection; or

o   it is impracticable for Contemporary Arts Media Pty Ltd to seek the individual’s consent before the use or disclosure; and

o   in the case of disclosure, Contemporary Arts Media Pty Ltd reasonably believes that the recipient of the information will not disclose the. information; or

  • Contemporary Arts Media Pty Ltd reasonably believes that the use or disclosure is necessary to lessen or prevent either:

o   a serious and imminent threat to an individual’s life, health, safety or welfare; or

o   a serious threat to public health, public safety or public welfare; or

  • Contemporary Arts Media Pty Ltd has reason to suspect that unlawful activity has been, is being or may be engaged in, and uses or discloses the personal information as a necessary part of its investigation of the matter or in reporting its concerns to relevant persons or authorities; or
  • the use or disclosure is required or authorised by or under law; or
  • Contemporary Arts Media Pty Ltd reasonably believes that the use or disclosure is reasonably necessary for one or more of the following by or on behalf of a law enforcement agency:

o   the prevention, detection, investigation, prosecution or punishment of criminal offences or breaches of a law imposing a penalty or sanction;

o   the enforcement of laws relating to the confiscation of the proceeds of crime;

o   the protection of the public revenue;

o   the prevention, detection, investigation or remedying of seriously improper conduct;

o   the preparation for, or conduct of, proceedings before any court or tribunal; or

  • the Australian Security Intelligence Organisation (ASIO) or the Australian Secret Intelligence Service (ASIS), in connection with its function, has requested Contemporary Arts Media Pty Ltd to disclose the personal information, and:

o   the disclosure is made to an officer or employee of ASIO or ASIS (as the case requires) authorised in writing by the Director-General of ASIO or ASIS (as the case requires) to receive the disclosure; and

o   an officer or employee of ASIO or ASIS (as the case requires) authorised in writing by the Director-General of ASIO or ASIS (as the case requires) for the purposes of this paragraph has certified that the disclosure would be connected with the performance by ASIO or ASIS (as the case requires) of its functions.

Any such disclosure under this paragraph inclusively can only be made by the Contemporary Arts Media Pty Ltd CEO or Solicitor, and written note to that effect must be made.

3. Data quality

3.1 Contemporary Arts Media Pty Ltd will take reasonable steps to make sure that the personal information it collects, uses or discloses is accurate, complete and up-to-date.

3.2 If Contemporary Arts Media Pty Ltd is to ensure the quality and accuracy of personal information, this places an obligation upon an individual to provide relevant and accurate information to Contemporary Arts Media Pty Ltd.

4. Data security

4.1 Contemporary Arts Media Pty Ltd will take reasonable steps to protect the personal information it holds from misuse and loss and from unauthorised access, modification or disclosure.

4.2 Contemporary Arts Media Pty Ltd will take reasonable steps to destroy or permanently de-identify personal information if it is no longer needed for any purpose.

5. Openness

5.1 Contemporary Arts Media Pty Ltd will make this Statement available to anyone who asks for it.

5.2 On request by a person to the Privacy Officer, Contemporary Arts Media Pty Ltd will take reasonable steps to let the person know, generally, what sort of personal information it holds, for what purposes, and how it collects, holds, uses and discloses that information.

6. Access and correction

6.1 If Contemporary Arts Media Pty Ltd holds personal information about an individual, it will provide the individual with access to the information on request by the individual, except to the extent that:

  • providing access would pose a serious and imminent threat to the life or health of any individual; or
  • providing access would have an unreasonable impact on the privacy of other individuals; or
  • the request for access is frivolous or vexatious; or
  • the information relates to existing legal proceedings between Contemporary Arts Media Pty Ltd and the individual, and the information would not be accessible by the process of discovery or subpoena in those proceedings; or
  • providing access would reveal the intentions of Contemporary Arts Media Pty Ltd in relation to negotiations with the individual in such a way as to prejudice those negotiations; or
  • providing access would be unlawful; or
  • denying access is required or authorised by or under law; or
  • providing access would be likely to prejudice an investigation of possible unlawful activity; or
  • providing access would be likely to prejudice:

o   the prevention, detection, investigation, prosecution or punishment of criminal offences or breaches of a law imposing a penalty or sanction; or

o   the enforcement of laws relating to the confiscation of the proceeds of crime; or

o   the protection of public revenue; or

o   the prevention, detection, investigation or remedying of seriously improper conduct; or

o   the preparation for or conduct of proceedings before any court or tribunal, or implementation of its orders by or on behalf of a law enforcement agency; or

  • ASIO, ASIS or a law enforcement agency performing a lawful security function asks Contemporary Arts Media Pty Ltd not to provideaccess to the information on the basis that providing access would be likely to cause damage to the security of Australia.

6.2 Where providing access would reveal evaluative information generated within Contemporary Arts Media Pty Ltd in connection with a commercially sensitive decision-making process, Contemporary Arts Media Pty Ltd may give the individual an explanation for the commercially sensitive decision rather than direct access to the information.

6.3 If Contemporary Arts Media Pty Ltd is not required to provide the individual with access to the information because of one or more paragraphs within 6.1 inclusively, Contemporary Arts Media Pty Ltd will, if reasonable, upon request by the individual to Contemporary Arts Media Pty Ltd’s Privacy Officer, consider whether the use of mutually agreed intermediaries would allow sufficient access to meet the needs of both parties.

6.4 Contemporary Arts Media Pty Ltd reserves the right to charge for providing access to personal information, and if it does so it will:

  • advise an individual who requests access to personal information that Contemporary Arts Media Pty Ltd will provide access on the payment of the prescribed fee; and
  • may refuse access to the personal information until the fee is paid.

6.5 If Contemporary Arts Media Pty Ltd holds personal information about an individual and the individual is able to establish that the information is not accurate, complete and up-to-date, Contemporary Arts Media Pty Ltd will take reasonable steps to correct the information so that it is accurate, complete and up-to-date.

6.6 If Contemporary Arts Media Pty Ltd and the organisation disagree about whether the information is accurate, complete and up-to-date, and the individual asks the organisation to associate with the information a statement from the individual claiming that the information is not accurate, complete or up-to-date, Contemporary Arts Media Pty Ltd will take reasonable steps to do so.

6.7 Contemporary Arts Media Pty Ltd will provide reasons for denial of access or a refusal to correct personal information.

6.8 If an individual requests access to, or the correction of, personal information held by Contemporary Arts Media Pty Ltd, Contemporary Arts Media Pty Ltd will:

  • provide access, or reasons for the denial of access; or
  • correct the personal information, or provide reasons for the refusal to correct the personal information; or
  • provide reasons for the delay in responding to the request for access to or for the correction of personal information as soon aspracticable, but no later than forty-five (45) days after receiving the request.

6.9 Contemporary Arts Media Pty Ltd is not required to provide an individual with access to information about that individual if that information is generally available to the public.

7. Unique identifiers

7.1 Contemporary Arts Media Pty Ltd will not assign unique identifiers to individuals (except for an Employee Number to identify an employee, a Student Number to identify a student and a database primary key to ensure the uniqueness of a database record) unless it is necessary for Contemporary Arts Media Pty Ltd to carry out its functions efficiently. Employee Numbers, Student Numbers and database primary keys are considered necessary for Contemporary Arts Media Pty Ltd to carry out its functions efficiently.

7.2 Contemporary Arts Media Pty Ltd will not knowingly adopt as its own unique identifier of an individual a unique identifier of the individual that has been assigned by another organisation

7.3 Contemporary Arts Media Pty Ltd will not require an individual to provide a unique identifier in order to obtain a service unless the provision of the unique identifier is required or authorised by law or the provision is in connection with the purpose (or a directly related purpose) for which the unique identifier was assigned.

8. Anonymity

Because of the nature of some of Contemporary Arts Media Pty Ltd’s core businesses, it may be impractical for individuals transacting with Contemporary Arts Media Pty Ltd to have the option of not identifying themselves. However, where it is lawful and practical to do so, Contemporary Arts Media Pty Ltd will give individuals this option.

9. Transborder data flows

9.1  Contemporary Arts Media Pty Ltd will only transfer personal information about an individual to someone (other than Contemporary Arts Media Pty Ltd or the individual) who is outside Victoria if:

  • Contemporary Arts Media Pty Ltd reasonably believes that the recipient of the information is subject to a law, binding scheme or contract which effectively upholds principles for fair handling of the information that are substantially similar to the Privacy Principles set out in this Statement; or
  • the individual consents to the transfer; or
  • the transfer is necessary for the performance of a contract between the individual and Contemporary Arts Media Pty Ltd, or for the implementation of pre-contractual measures taken in response to the individual’s request; or
  • the transfer is necessary for the conclusion or performance of a contract concluded in the interest of the individual between Contemporary Arts Media Pty Ltd and a third party; or
  •  all of the following apply:

o   the transfer is for the benefit of the individual;

o   it is impracticable to obtain the consent of the individual to that transfer;

o   if it were practicable to obtain that consent, the individual would be likely to give it; or

  • Contemporary Arts Media Pty Ltd has taken reasonable steps to ensure that the information which it has transferred will not be held, used or disclosed by the recipient of the information inconsistently with the Privacy Principles set out in this Statement.

10. Sensitive information

10.1 Contemporary Arts Media Pty Ltd will not collect sensitive information about an individual unless: the individual has consented; or

  • the collection is required under law; or
  • the collection is necessary to prevent or lessen a serious and imminent threat to the life or health of any individual, where the individual whom the information concerns:

o   is physically or legally incapable of giving consent to the collection; or

o   physically cannot communicate consent to the collection; or

  • the collection is necessary for the establishment, exercise or defence of a legal or equitable claim.

10.2 Despite paragraph 10.1, Contemporary Arts Media Pty Ltd may collect sensitive information about an individual if the collection:

  • is necessary for research, or the compilation or analysis of statistics, relevant to government funded targeted welfare or educational services; or
  • is of information relating to an individual’s racial or ethnic origin and is collected for the purpose of providing government funded targeted welfare or educational services; and
  • there is no reasonably practicable alternative to collecting the information for that purpose; and
  • it is impracticable for Contemporary Arts Media Pty Ltd to seek the individual’s consent to the collection.