ARN (ARN) is a major commercial network of radio stations. The network consists of the following radio stations:
In addition to its commercial radio network, ARN operates a number of other media services, including iHeartradio in Australia (described in further detail below), and sports opinion website The Roar at www.theroar.com.au along with its other radio station websites. In this Privacy Statement, references to ARN refer to each of ARN’s owned or controlled entities.
ARN respects your right to privacy. We are sensitive to the concerns that our clients, customers and online users may have with regards to the confidentiality, security and use of their personal information, and would like to reassure you of our position on this matter.
The purpose of this Privacy Statement is to tell you what type of personal information we collect, how we may use that personal information, whether we disclose it to anyone, and the opportunities you have to access and correct the information we hold.
We encourage you to check the ARN Privacy Statement regularly as this Privacy Statement may change from time to time. If you have any suggestions or concerns that are not addressed in this Privacy Statement, please contact us on (02) 8899 9888 or email us at [email protected]
Please take some time to read through this statement and understand our position on privacy.
Aside from the contents of this statement, the conduct of ARN is governed by the Privacy Act 1988 (Cth) and in particular the following Australian Privacy Principles.
ARN has clearly expressed policies on its management of personal information and these will continue to be readily available.
Whenever it is lawful and practicable, individuals will have the option of not identifying themselves when dealing with ARN.
Personal information will only be collected to the extent necessary, by lawful and fair means, and for specified purposes which are relevant to the operations ofARN.
Generally, we collect personal information directly from you when you provide it to us (for example by telephone or in an application form). In some circumstances, we may also collect personal information indirectly (including from our contractors, suppliers and other service providers and from publicly available sources). We will only do so where permitted by law.
We will not collect sensitive information (such as information relating to race, sexual orientation or any disabilities) unless you have consented to the collection of information or the collection is authorised or required by law. Please note that by submitting sensitive information you are consenting to the collection of that information.
If we receive unsolicited personal information, the collection of which is not reasonably necessary for one of our functions or activities, we will destroy or de-identify the information as soon as practicable, unless it is unlawful or unreasonable for us to do so.
We will take reasonable steps to let individuals know, generally, what sort of personal information we hold, for what purposes, and how we collect, use and disclose that information. Where it is reasonable to do so, we will take such steps at the time of collection of the personal information or as soon as reasonably practicable after that time.
Personal information will only be used for:
(a) a purpose for which it was collected or for a reasonably expected related purpose and, where the personal information is sensitive information, the purpose is directly related to the purpose of collection;
(b) the derivation of anonymous or aggregated information;
(c) the prevention or lessening of a threat to the life or health of the individual concerned or another person;
(d) purposes permitted, required or authorised by or under law;
(e) the enforcement of the criminal law or of a law imposing a pecuniary penalty or for the protection of public revenue, where the use is reasonably necessary, or;
(f) any other purpose, where the person concerned has consented to its use for that purpose.
Personal information will not be disclosed to a third party unless:
(a) the person concerned has consented to the disclosure;
(b) it is the usual practice of ARN to pass information to a third party and the individual from whom the information was collected was notified of this practice at the time of collection (unless it is sensitive information);
(c) there are reasonable grounds to believe that disclosure is necessary to prevent or lessen a threat to the life or health of the individual concerned or another person;
(d) the disclosure is permitted, required or authorised by or under law; or
(e) the disclosure is reasonably necessary for the enforcement of the criminal law or a law imposing a pecuniary penalty, or for the protection of public revenue.
We may only use sensitive information for direct marketing if the individual has consented. In general terms, we may only use other personal information that is not sensitive information for direct marketing if:
(a) the individual has consented to us using their personal information for direct marketing; or
(b) the individual would reasonably expect us to use their personal information for direct marketing; or
(c) it is impracticable to obtain the individual’s consent; and
(d) the individual has not opted out from receiving direct marketing from us.
If you do not wish your personal information to be used or disclosed by us for the purposes of direct marketing please contact us. It may take up to 14 days for your request to be processed.
On occasion, ARN may disclose personal information to recipients in New Zealand and the United States of America. ARN will not do so unless:
(a) ARN has taken reasonable steps to ensure that the information which it has transferred will not be collected, held, used or disclosed by the recipient of the information inconsistently with this Privacy Statement; or
(b) ARN reasonably believes that the recipient of the information is subject to a law or binding scheme which has the effect of protecting the information in a way that is substantially similar to the Australian Privacy Principles and that there are mechanisms that the individual can access to enforce that protection; or
(c) the individual concerned consents to the disclosure after being expressly informed that the overseas recipient is not bound to protect the personal information in accordance with the Australian Privacy Principles or any substantially similar regime; or
(d) the disclosure is required or authorised by Australian law; or
(e) a “permitted general situation” exists. That is, the disclosure is necessary:
(i) to lessen or prevent a serious threat to life, health or safety;
(ii) to take appropriate action in relation to suspected unlawful activity or serious misconduct;
(iii) to locate a person reported as missing;
(iv) for a diplomatic or consular function or activity; or
(v) for certain Defence Force activities outside Australia); or
(f) the disclosure is required or authorised under an international agreement relating to information sharing; or
(g) the disclosure is required for an enforcement related activity.
ARN will not adopt as its own identifier an identifier that has been assigned by a government agency (or by an agent of, or contractor to, a government agency acting in its capacity as agent or contractor).
Prior to the use and disclosure of personal information, where reasonable to do so, we will take reasonable steps to ensure that personal information is relevant, accurate, complete and up to date for the purpose for which it is to be used.
Reasonable steps will be taken to protect personal information we hold against misuse, interference, loss, unauthorised access, alteration, destruction or disclosure. We maintain computer and network security by using firewalls, user identifiers and passwords to control access to our computer system. All attempts will be made to destroy or de-identify personal information if it is no longer needed.
Where ARN holds personal information about an individual, it will provide the individual with access to the information on request, in a form or manner suitable to the individual’s reasonable needs, except to the extent that:
(a) providing access would pose a serious and imminent threat to the life or health of any individual; or
(b) providing access would have an unreasonable impact upon the privacy of other individuals; or
(c) the request for access is frivolous or vexatious; or
(d) the information relates to existing or anticipated legal proceedings between ARN and the individual, and the information would not be accessible by the process of discovery in those proceedings; or
(e) providing access would reveal the intentions of ARN in relation to negotiations with the individual in such a way as to prejudice those negotiations; or
(f) providing access would be unlawful; or
(g) denying access is specifically authorised by law; or
(h) providing access would be likely to prejudice an investigation of possible unlawful activity; or
(i) providing access would be likely to prejudice:
(i) the prevention, detection, investigation, prosecution or punishment of criminal offences or breaches of a law imposing a penalty or sanction
(ii) the enforcement of laws relating to the confiscation of the proceeds of crime;
(iii) the protection of the public revenue;
(iv) the prevention, detection, investigation or remedying of seriously improper conduct; or
(v) the preparation for, or conduct of, proceedings before any court or tribunal, or implementation of its orders; by or on behalf of an enforcement agency; or
(vii) an enforcement agency performing a lawful security function asks ARN not to provide access on the basis that providing access would be likely to cause damage to the national security of Australia.
Where providing access would reveal evaluative information generated within ARN in connection with a commercially sensitive decision-making process, ARN may give the individual an explanation for the decision, rather than direct access to the information.
Wherever direct access by the individual is impractical or inappropriate ARN and the individual should consider whether the use of mutually agreed intermediaries would allow sufficient access to meet the needs of both parties.
If ARN levies charges for providing access to personal information, those charges:
(a) will not be excessive; and
(b) will not apply to lodging a request for access.
If ARN holds personal information about an individual and the individual is able to establish, or ARN otherwise concludes, that the information is not accurate, complete and up-to-date, ARN will take reasonable steps to correct the information so that it is accurate, complete and up-to-date.
If the individual and ARN disagree about whether the information is accurate, complete and up-to-date, and the individual asks ARN to associate with the information a statement claiming that the information is not accurate, complete or up-to-date, ARN will take reasonable steps to do so.
ARN will provide reasons for denial of access or correction.
When submitting information on our website, we may collect details such as your name, email address and phone number. Some of this information is essential for us to be able to identify accurately who is using the service so that we may be able to respond to your requests and, as such, is indicated by mandatory fields. Mandatory information requirements are clearly identified and are denoted by an asterisk (*). You will also be prompted when submitting a form if mandatory data has not been completed. Other types of information are collected to help us provide better services. Information of this type is optional and may include information about your interests.
In general, you may be asked to provide ARN with personal information when you:
· Send us your comments or suggestions
· Report a technical problem
· Request sales and advertising information
· Become a member of an ARN website or platform
· Enter competitions and promotions
We also collect personal information in the normal course of business including names, addresses, phone numbers, and email addresses. This information is collected through meetings, phone calls, letters, fax, email, as well as commercial agreements, documents and dealings. This information is subject to all the Australian Privacy Principles as summarised above and is only used for the purpose for which it was provided. Generally this is limited to the transaction of general business.
ARN will not collect sensitive information revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, or details of health, disability or sexual activity or orientation unless:
(a) the subject of the information has consented; or
(b) the collection is required or specifically authorised by law; or
(c) the collection is necessary to prevent or lessen a serious and imminent threat to the life or health of any individual, where the subject of the information is physically or legally incapable of giving consent; or
(d) the collection is necessary for the establishment, exercise or defence of a legal claim; or
(e) the information has been collected for the purpose of journalism. This information is exempt from the Privacy Act 1988 (Cth) and ARN will only use this information for the purpose of journalism.
Sharing information, such as comments or song history, via social media will require the transfer of information to a third-party website. Engaging the iHeartRadio service through social media may lead to additional information being collected, such as ‘friends’ lists. This information will also be subject to this Privacy Statement.
The collection of data will enable ARN to adapt our content according to your interests and demography. If you do not want to receive the benefits of targeted advertising then please contact the ARN Privacy Officer (details below) or discontinue using the iHeartRadio service.
Your personal information will only be used for the purpose for which you have provided it or for a reasonably expected related purpose and we will not disclose it without your consent unless authorised or required by law.
The information and feedback you provide through our websites may be used to identify ways of improving the site and how we can make it more effective for your use.
Any personal information collected through the ARN websites is contained and access is restricted to the authorised personnel of ARN or authorised service providers who are responsible for the maintenance of the websites.
Your information may be shared with third parties as explained below.
Personal information supplied to ARN is not shared with any other third parties unless we explicitly and expressly communicate this to you when you submit the information and you give your explicit consent to such use, or as otherwise required or authorised by law.
We may share information about you with Related Bodies Corporate so we can provide you with the products and services you request and bring you information about products and services we offer.
In some cases we contract with other companies or individuals to provide services for us. Examples of these may include deliveries, market research, public relations, debt collection agencies, legal advisors, auditors etc. We provide them only with such information about you as they need to perform their services and we impose strict requirements of security and confidentiality on them in how they handle your personal information. We make it very clear that they are not permitted to use information about you for any other purpose except to perform the services we have asked them to provide.
Any personal information that you submit to our websites or supply by other means is securely stored and access is restricted to authorised personnel of ARN, or its authorised service providers as described above, ensuring that your personal information is protected and safeguarded. The information you submit to ARN is used only for the purpose stipulated at the time that the information is collected or for a reasonably expected related purpose.
All personal information will be de-identified where possible.
If you have any questions or comments on this Privacy Statement or the privacy policies of the Australian Radio Network, if you would like to access or correct your personal information, if you would like a hard copy of the Privacy Statement, or if you would like to make a complaint regarding your privacy, then please either email us at [email protected] or telephone us on (02) 8899 9888 or write to us:
The Privacy Officer
Australian Radio Network
3 Byfield Street
North Ryde NSW 2113
If you believe that ARN has not complied with its obligations under the Privacy Act, please contact us as set out above. If you are not satisfied with the decision that ARN makes regarding your complaint you may make a complaint to the Office of the Australian Information Commissioner: (www.oaic.gov.au/privacy/making-a-privacy-complaint)
The Office of the Australian Information Commissioner
GPO Box 2999
Canberra ACT 2601
Phone: 1300 363 992
Fax: 02 9284 9666
ARN acknowledges that you will click-through to third party sites from our sites, and thus recommends that you refer to the privacy statement of the sites you visit. ARN’s Privacy Statement is applicable to ARN only and we assume no responsibility for information and content of third party sites