- About kotaku Australia
- About Nine Entertainment Co.
- What is personal information
- What kind of information do we collect and how do we collect it?
- How will we use or disclose your information?
- Sensitive Information
- What marketing communications will you receive?
- Security and management of your information
- Cookies and Tracking Technology notice
- Display of advertising
- Access to your personal information?
- Privacy standards for journalists
- Changes to this policy
- Procedure for data breaches
- EU and Californian residents
- Microsoft Products and Services
- Contact us
About kotaku Australia
Kotaku Australia, made available by Pedestrian Group under the Pedestrian branded header, is owned by Nine Entertainment Co. Pty Limited and its related bodies corporate (the Nine Entertainment Co. group of companies, “we”) provide a commercial free to air television network (the content of which includes a combination of locally produced programs including news, current affairs, sporting events, entertainment and lifestyle programs, as well as exclusive international content), video on demand content, various websites and digital properties, and a range of products and brands across online publishing, data strategies, consumer insights and advertising technologies.
About Nine Entertainment Co.
Nine Entertainment Co. Pty Limited and its related bodies corporate including (but not limited to) Nine Digital Pty Limited, Nine Network Australia Pty Limited, Pedestrian Group Pty Limited, Caradvice Pty Limited, Fairfax Media Publications Pty Limited and Nine Radio Pty Limited (together, the “Nine Group” or “we”) provide a commercial free to air television network (the content of which includes a combination of locally produced programs as well as exclusive international content), video on demand content, various websites and digital news, lifestyle and entertainment properties, local print publications, an Australian radio network and a range of products and brands across online publishing, data strategies, consumer insights and advertising technologies.
Please note that due to the nature of our business activities, from time to time we will handle personal information relying on the media exemption in the Privacy Act where appropriate, as discussed in more detail below. We may also rely on related bodies corporate, employee records and other exemptions in the Privacy Act.
If your personal information is being collected via one of our websites the collecting entity will be the entity listed as the copyright owner and operator of the website at the bottom of the webpage.
If your personal information is being collected offline e.g. by phone or in-person, the relevant collecting entity will be made known to you, including as part of any collection notice given to you as part of that activity.
What is Personal Information?
When used in this policy, the term “personal information” has the meaning given to it in the Privacy Act. In general terms, it is any information that can be used to personally identify you. This may include (but is not limited to) your name, age, gender, postcode and contact details (including phone numbers and email addresses) and possibly financial information, including your credit card, direct debit or PayPal account information. If the information we collect personally identifies you, or you are reasonably identifiable from it, the information will be considered personal information.
What Kind of Information Do We Collect and How Do We Collect It?
The type of personal information we collect will vary depending on the nature of your dealings with us. We only collect personal information that we need for our business activities, or which is volunteered to us. In general, the type of personal information we collect and hold could include (but is not limited to) your name, address (postal and email), contact details, geographic location (including your suburb or post code), gender, date of birth, activity, photograph, payment details, drivers licence (where necessary to verify your identity) and transaction details relating to your use of our products and services and any preferences you tell us about. We may collect your personal information over the internet, over the phone, when you write to us, when you attend or call in to an event or program run by us or when you participate in a survey, questionnaire, competition or other marketing campaign run by us or our partners.
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 Nine Account. As part of creating your Nine 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. Currently, this may also be done using your log-in details to Facebook. 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 Nine Account.
Information we collect from other sources
We may access information, including personal information, about you across the Nine Group and from third-party sources and platforms (such as social networking sites, databases, recruitment platforms such as LinkedIn and Seek, online marketing companies, Microsoft Products, third party websites and ad targeting companies) and supplement the information we collect with information obtained from those third party sources.
When you connect with us through social networking services, you will be able to see the social sharing habits of your friends and connections and participate seamlessly in our social capabilities, including commenting, live blogging, reactions, ratings, gaming mechanics and sharing content. You can connect us to your third party social networking service by downloading an application and signing into the application. By connecting with us through these third-party social networking services, you are authorising us to access and use certain information from your social network profile.
If you do not provide and we do not collect your personal information in the ways we have described above, we may not be able to provide you with our products and/or services that you have requested.
How will we use or disclose your information?
Generally, we only use or disclose personal information for the primary purpose for which we have collected it, or for another related secondary purpose, unless you have provided your consent for us to use it for another purpose. We may use or disclose your personal information for the following primary purposes:
- Contacting you because you have requested to be part of a studio audience/on-air programme or have provided information about a news story;
- operating and improving our websites, products and services;
- providing you with news and information about our products and services (including newsletters, product surveys and special offers);
- providing you with more effective customer service;
- enabling us to conduct customer research;
- to conduct a credit check of your business as part of setting up a corporate credit account;
- making our websites, services or products easier to use by eliminating the need for you to repeatedly enter the same information;
- allowing you to access protected parts of our websites;
- performing research and analysis aimed at improving our products, services and technologies;
- to enable on-air presenters to appropriately address you, contact you if your call drops out or if further information is required about your call, to know the subject matter of your call and whether you’ve called previously;
- to enable us to prepare off air for programs or news stories;
- displaying content and advertising that are customised to your interests, preferences and experiences, including by using aggregated information received from across the Nine Entertainment Co websites and other third parties;
- sending marketing and promotional material about our products and/or services that we believe you may be interested in;
- for recruitment purposes, where you have shared personal information with us as part of a job application;
- conducting competitions or promotions either ourselves or by selected third parties;
- verifying your identity;
- to allow you to sign in or otherwise access products and/or services owned by us;
- communicating with you, including by email, mail or telephone.
- sharing with our employees, Related Bodies Corporate, partners, contractors or external service providers to fulfil any of these purposes; or
- using personal information as otherwise required or permitted by any law (including the Privacy Act).
Other information, including anonymous data collected via your interaction with our websites and third party sites (where we provide website analytics tools or deliver advertisements) using technologies such as cookies and web beacons (described below) may be sold or otherwise provided by us to third parties including our partners, clients and service providers for purposes including (but not limited to) data-matching, campaign analysis, selling aggregated anonymous data via advertising exchanges, conducting launch surveys, and modelling.
We do not generally collect sensitive information as that term is used in the Privacy Act (including information relating to your racial or ethnic origin, membership of political bodies, religion or trade unions, sexual preferences or activities, criminal record, state of health or medical history). However, in some instances, such information might be disclosed during the course of your interaction with us, for example during a talkback radio or televised conversation. If we hold any sensitive personal information about you, that information will only be used and disclosed by us if you have consented to such use and disclosure (your provision of that information will be taken to be consent), and will only be used and disclosed for the purpose that it was provided by you.
What Marketing Communications Will You Receive?
In certain contexts when we collect information from you, you may be asked to “opt in” to consent to us using or disclosing your personal information. For example, you may be asked to opt-in to receive further information or communications from our advertisers and partners. We do not provide your personal information to other organisations for the purpose of direct marketing unless expressly authorised by you.
If you receive communications from us that you believe have been sent to you other than in accordance with this policy, or in breach of any law, please contact us using the details provided below.
Opting Out / Unsubscribing
If you receive communications purporting to be connected with us or our services that you believe have been sent to you other than in accordance with this policy, or in breach of any law, please contact us.
Security and Management of Your Information
We understand that the security of your personal information is important. It is our policy to ensure that all employees understand and take reasonable steps to keep personal information secure. Once collected, we may hold your personal information in a number of different formats, including (but not limited to) software programs (located both onsite and offsite, including in the cloud), databases, filing systems, in offsite backup storage and in other similar technology. We take all reasonable steps to protect your personal information from loss, unauthorised access, modification, disclosure, interference or other misuse.
We also impose strict requirements of security and confidentiality on all third parties as to how they store, handle and deal with personal information.
Cookies contain information that can later be read by a web server in the domain that issued the cookie to you. We use the following types of cookies and other similar tracking technologies:
- Strictly necessary cookies: These are cookies that are required for the operation of our website. They include, for example, cookies that allow you to sign in and use our services and remember you when you sign in to secure areas of our website.
- Analytics cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our websites. Some of the tools we use only provide us with information about trends and aggregate user behaviour. Other tools we use enable us to see how each visitor engaged with our website. For example, we will be able to see what you clicked on and how you navigated through our websites. We use this information to better understand how our visitors use our websites, so that we may make the necessary improvements to enhance our visitors’ experience in the future. We do not attempt to identify you with this information.
- Functionality cookies. These are used to recognise you when you return to our services and to allow us to personalise our content for you, for example, by remembering your preferences.
- Advertising cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the content and advertising displayed on it more relevant to your interests. We also use this information to determine the effectiveness of advertising campaigns. We may also share this information with third parties for this purpose. We also permit advertisers to embed their own cookies in advertisements on our websites. Generally, advertisers will embed cookies in advertisements to monitor the performance of their advertising campaign, but they may also collect anonymous usage data relating to browsing activity on our network.
- Social media cookies. We use these cookies when you connect and share our content and information using a social media sharing button or “like” button on our website to keep track of the way end-customers engage with and share our content. The social network will record that you have done this. This information may be linked to targeting/advertising activities.
Our websites may also contain electronic images known as “web beacons” – sometimes called single-pixel gifs – that may be used to assist in delivering cookies on our sites and allow us to count users who have visited those pages and to deliver co-branded services. We may use web beacons to determine whether messages have been opened and acted upon, or from third parties in order to help us compile aggregated statistics regarding the effectiveness of our promotional campaigns or other operations. We prohibit web beacons on our websites from being used by third parties to collect or access your personal information. We may work with other companies that advertise with us to place their web beacons on our websites in order to allow us to gather statistics and better target advertisements
|Google provides us with ad serving and ad exchange services. Anonymous aggregated user data collected and processed by us may be shared with Google to make the advertising you see our websites more relevant to you.|
|AppNexus||AppNexus provides us with ad serving and ad exchange services. Anonymous aggregated user data collected and processed by us may be shared with AppNexus to make the advertising you see on our websites more relevant to you.||AppNexus|
|Adobe||Adobe provides us with analytics and data management services. This includes the grouping of visitors to our websites into ‘audience segments’ which are made available by us to our third party ad servers to make the advertising you see on our websites more relevant to you.||Adobe|
|eWay||eWAY provides an online payment platform for processing credit card payment securely online. Via our BuyRadio Website, eWAY collects personal and corporate information to allow access to their payment gateway||eWay|
Display of Advertisements
Many of the websites and services we offer are supported by advertising. We may display advertisements on our websites and the sites of our advertising partners. When we display online advertisements to you, we will place cookies on your computer in order to recognise your computer each time we display an advertisement. The cookies we use for advertising have an expiry date of no more than two years. We are able to compile information over time about where you, or others who are using your computer, saw and/or clicked on the advertisements we display. We use this information to make predictions about your characteristics, interests or preferences and to display targeted advertisements that we believe may be of interest to you. We may also associate this information with your visit, purchase or other activity on participating advertiser’s websites in order to display targeted advertisements or to determine the effectiveness of the advertisements.
Your advertising choices
When we display interest based advertising, we take a number of steps designed to protect your privacy. Page views, clicks and search terms used for ad targeting are stored separately from your contact information or other data that directly identifies you. We use interest based advertising to make the ads you see on our network more relevant to you. Online advertisements on our websites are served by ad servers and exchanges. These companies may offer you a way to opt in or opt-out of ad targeting based on their cookies If you would like to opt out of interest based advertising please click here.
Access To Personal Information
Under the Privacy Act, you have the right to request access to the personal information which we hold about you. If you wish to exercise your right under the Privacy Act to seek access to the personal information that we hold about you, we ask that you contact us at [email protected].com.au.
We will endeavour to acknowledge your request for access within 7 days, and to provide you with access within 30 days of the date of receipt of your request. We will notify you if we consider it will take longer than 30 days to provide you with access. If you seek access to records held by us which are not current records, we will need to contact you to discuss your request, it may take a longer period of time to locate these records and that we may charge you a nominal administrative fee for the cost of providing access. If we are not legally required to provide access to the personal information requested and we exercise our discretion not to provide that information, we will let you know our reasons for doing so
Changes to your information
We endeavour to ensure that the personal information we hold is accurate, complete and up-to-date. You have the right to ask us to correct information about you which is inaccurate, incomplete, out of date, not relevant or misleading. Alternatively, if you have a Nine Account, you can access and update personal information you have entered in relation to that account by logging in and accessing or updating that information.
Privacy Standards for Journalists
As we are in the media industry, the APPs do not apply to acts done or practices engaged in by us in the course of journalism as we are committed to other journalistic standards dealing with privacy. Specifically:
- in relation to our online and print journalism activities, we are committed to complying with the various standards developed by the Australian Press Council in conjunction with its constituent members, available at https://www.presscouncil.org.au/statements-of-principles/;
- in relation to our television broadcasting activities, our handling of personal information in the course of our journalism activities is governed by the ACMA Privacy Guidelines for Broadcasters which can be accessed here: http://acma.gov.au/theACMA/Library/Industry-library/Broadcasting/privacy-broadcasting; and
- in relation to our radio broadcasting activities, we are committed to complying with the standards developed by Commercial Radio Australia (CRA) , as set out in the CRA “Codes of Practice and Guidelines” which are available on the CRA website at commercialradio.com.au.
Procedure for Data Breaches
We do all we can to ensure your data is collected, used and held securely. If at any time we become aware of unauthorised access to or disclosure of personal information held by us and this is likely to result in serious harm to any individual to whom the information relates we will follow the applicable data breach notification requirements including to notify the individual involved and the relevant regulator.
EU and Californian Residents
If you are based in the European Union or California, there are specific regulations that apply in relation to the collection, processing and storing of your personal information by organisations covered by those regulations. To the extent that those regulations apply to any personal information we collect, process, disclose or store about you, we will comply with those regulations. Please note: We do not develop, target or direct our Websites, products or services towards individuals, including children, situated outside Australia. We do not knowingly collect personal information about children under 16 years of age. If you believe a child in your care has provided us with personal information or data and you would like to request us to look into removing the data from our servers, please write to [email protected]
Microsoft Products and Services
All complaints received will be assessed by the Privacy Officer and all reasonable steps (if any) will be taken to remedy the complaint. We will endeavour to respond to your complaint within 30 days of receipt of the complaint by our Privacy Officer. If you are not satisfied with our response, you may contact the Office of the Australian Information Commissioner.
Last updated: 8 April 2020