1. Purpose and Application
1.1 Tennis Australia Limited (Tennis Australia) is the governing body of tennis in Australia. Tennis Australia organises a number of tennis events including, without limitation, the Australian Open and Australian Open Series events. Tennis Australia also manages and promotes various tennis programs, including without limitation, ANZ Tennis Hot Shots, Cardio Tennis and the Free Tennis Days.
1.2 In its role as the governing body of tennis in Australia, Tennis Australia is committed to the protection of your personal information in accordance with the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth). If you do not agree to the terms of this Policy, we recommend you leave this Website (as defined in clause 4.2 below) or do not engage with the applicable ATO (as defined below).
1.3 If anything in this Policy is inconsistent with any Federal, State or Territory law, the relevant Federal, State or Territory law prevails to the extent of the inconsistency.
1.4 In Australia, tennis programs, events and activities are implemented and conducted by a number of different tennis organisations across the country. Accordingly, Tennis Australia has developed this Policy to apply to each Australian Tennis Organisation (ATO) as detailed below.
1.5 For the purpose of this Policy, each of the following is an ATO:
(a) Tennis Australia;
(b) Member Associations, being the governing body of tennis in each Australian State and Territory known as Tennis ACT, Tennis Victoria, Tennis New South Wales, Tennis Queensland, Tennis NT, Tennis West, Tennis SA and Tennis Tasmania;
(c) Affiliated Organisations, being those organisations (other than Member Associations, Regional Associations and Affiliated Clubs) which are affiliated to Tennis Australia or a Member Association from time to time in accordance with the Tennis Australia or Member Association constitution (as the case may be);
(d) Regional Associations, being those regional or metropolitan tennis associations which are members of, or affiliated to, a Member Association;
(e) Affiliated Clubs, being those tennis clubs which are a member of or affiliated to a Regional Association and/or Member Association; and
(f) Tennis Australia Coach Members, being those coaches that are Tennis Australia Coach Members.
1.6 Tennis Australia may disclose your personal information to another ATO, and ATOs may disclose your personal information to Tennis Australia or other ATOs. Each organisation will collect and use your personal information in accordance with this Policy.
1.7 This Policy describes the manner in which ATOs may collect, hold and use personal information. By providing your personal information to an ATO, you consent to its use, storage and disclosure in accordance with this Policy.
1.8 It is important to note that only tennis organisations that are affiliated with Tennis Australia can be an ATO. If you choose to deal with a non-affiliated tennis organisation, this Policy will not apply.
1.9 Tennis Australia may, from time to time, review and update this Policy to adapt to changing business practices, and to take into account new laws and technology. The use, storage and disclosure of all personal information held by an ATO will be governed by the most recent Policy, as posted on the www.tennis.com.au website at http://www.tennis.com.au/privacy. Tennis Australia will notify you of any amendments by posting an updated version of this Policy on the Website. This Policy was last updated in November 2018.
2. What is “personal information”?
2.1 “Personal information”, as defined in the Privacy Act 1988 (Cth), means information or an opinion, whether true or not, and whether recorded in a material form or not, about an identified individual or an individual who is reasonably identifiable. Personal information collected by an ATO will differ depending on the relevant ATO, including the kinds of personal information set out in clause 5.1 below.
3. Why is personal information collected?
3.1 An ATO may collect and use your personal information to allow it to conduct and administer its business functions and to market and provide its products and services. We set out in more detail below (at clauses 5, 6 and 7), the type of information we collect, the technology used that may be employed to collect personal information via our Websites or other ways, and the use we may make of such personal information. Please do not hesitate to contact us if you have any questions on the collection and use of your personal information, via the means set out in clause 10 below.
4. How is personal information collected?
4.1 Generally, an ATO will collect personal information directly from you. You may decide to provide your personal information to an ATO for a range of different reasons, for example, you may:
(a) be a tennis player;
(b) wish to attend a tennis activity or event and participate in activities during that event;
(c) wish to purchase a ticket or a corporate hospitality package to a tennis event;
(d) attend a tennis event and expressly elect to provide your personal information to an ATO whilst at that event;
(e) wish to be a Tennis Australia Coach Member, ANZ Tennis Hot Shots deliverer and/or Cardio Tennis deliverer;
(f) wish to apply for employment at, or volunteer for, an ATO;
(g) wish to provide services to an ATO; or
(h) enter a competition or promotion being conducted by an ATO.
4.2 Personal information can be collected by an ATO in a number of ways and through a number of mediums, for example:
(a) when you provide your personal information, or agree to your personal information being provided via one of Tennis Australia’s websites, including without limitation http://www.tennis.com.au/, http://www.ausopen.com, http://cardiotennis.com.au/, http://hotshots.tennis.com.au/, or a website managed by another ATO (collectively, the Websites);
(b) when you enter your personal information, or consent to your personal information being entered into one of Tennis Australia’s online IT systems including, without limitation, My Tennis, Competition Planner, League Manager, Match Centre, Tournament Planner, and Kenexa (HR recruitment system), or a system managed by another ATO (IT Systems);
(c) when you email an ATO or contact an ATO by telephone or mail;
(d) when you engage with an ATO via social media;
(e) when you elect to receive tennis-related newsletters or other information;
(f) when you enter a competition that is being conducted by, or on behalf of, an ATO;
(g) when you purchase tickets to a tennis event from an ATO or an authorised agent or licensee;
(h) when you purchase merchandise from an ATO or an authorised agent or licensee;
(i) when you purchase other products or services from an ATO or an authorised agent or licensee; and
(j) when you provide an ATO with information in an application or consent form, survey, feedback form, incident report or complaint.
4.3 An ATO will generally collect personal information regarding a child under the age of 16 years from the parent or other ‘responsible person’ associated with that child. At times an ATO may collect personal information regarding an adult from another ‘responsible person’ associated with that adult.
4.4 An ATO may also collect and use personal information that is given to it by another ATO or a third party in the course of its business, provided such collection and use is reasonably necessary for an ATO’s or the third party’s functions or activities, or legitimate interests. Examples of such third parties include the International Tennis Federation (ITF), Women’s Tennis Association (WTA), Association of Tennis Professionals (ATP), The Australian Institute of Sport (AIS), the Australian Olympic Committee (AOC), the Tennis Integrity Unit (TIU), non-affiliated tennis organisations, Tennis Australia Coach Members, schools who partake in Tennis Australia programs or law enforcement and regulatory bodies.
5. What personal information may be collected about you?
5.1 The kinds of personal information that an ATO collects about you will depend on the primary purpose for which such information was collected and is required. An ATO may collect and store various kinds of information about you as is reasonably necessary in connection with its functions or activities, or legitimate interests. To help keep you aware of the type of personal information that may be collected by an ATO, we set out below a list of examples which may be applicable:
(a) ‘contact information’, such as your name, phone numbers, address details, email address and social media details (Facebook name, or Instagram handle, for example);
(b) your date of birth, age, gender, tennis rankings and results;
(c) details of tennis programs that you have participated in and the organisations that you have participated with;
(d) details of a disability you may suffer, if you elect to provide that information to allow the ATO to provide you with relevant services, information and assistance;
(e) details of your cultural background, nationality, and language(s) spoken, if you elect to provide that information to allow the ATO to provide you with culturally sensitive information, services and assistance;
(f) copies of communications between an ATO and you;
(g) information regarding any outstanding payments owed by you to an ATO;
(h) other personal information provided voluntarily by you. For example, this could be information provided by you in response to ATO surveys or competitions;
(i) your payment details, if you apply for membership, purchase of goods or services from, or make other payments to, an ATO or their agents, licensees or contactors;
(j) details of your academic qualifications, results, professional interests, reference checks, car registration and drivers licence details (if applicable), if you apply for employment or volunteer positions with an ATO or where otherwise in connection with an investigation conducted by the ATO;
(k) background checks, including reference checks, police checks, working with children checks and completed member protection declarations and related documents. This personal information may be obtained and retained by an ATO as necessary if:
(i) you apply for, and/or obtain employment or a volunteer position;
(ii) you apply for and/or obtain Tennis Australia Coach Membership;
(iii) you are proposing to, or provide certain services to an ATO;
(iv) you apply for and/or obtain accreditation at a tennis event;
(v) you are a tennis player participating in one of our programs or a tennis tournament, competition or event;
(vi) you are involved in a matter or investigation conducted by the Tennis Integrity Unit or an ATO; or
(vii) appropriate in the circumstances to obtain background checks in relation to you before entering into contracts, arrangements or understandings with you, or entities related to you;
(l) medical information and emergency contact details. For example, this information may be held about you if you are a tennis player and/or have elected to participate in fitness or sporting activities, such as Cardio Tennis; and
(m) non-personally identifiable information, such as your IP address, browser type, web pages visited (that may, if combined with other information, be personal information).
5.2 Some of the personal information that you are able to provide to an ATO may be required in order to allow that ATO to provide requested products or services to you. Other information may be purely optional. Whilst you have control in the personal information you choose to provide to an ATO, if you decide not to give an ATO some of, or all, the personal information that it requests, it may affect, by way of example:
(a) the ATO’s ability to communicate effectively with you;
(b) the ATO’s ability to provide products or services to you;
(c) your ability to participate in programs conducted by an ATO; or
(d) your ability to apply for employment or volunteer positions with an ATO.
If it is unreasonable or impracticable for an ATO to deal with you in circumstances where you have not provided the information or consents that it has requested, it may have no realistic option but to decline to do so.
6. Information collected via the Websites
6.1 An ATO will not collect any personal information from your use of the Websites except when you knowingly provide it or as otherwise described below.
6.2 When you visit and browse a Website, the relevant Website host may collect information for statistical, reporting and maintenance purposes, as further detailed below.
6.3 Clickstreams are used by us to allow us to monitor which areas of the Websites are most frequently visited. The information collected by a Website’s website host is used to administer and improve the performance of the Website and to better understand what is of interest to you. The information may include:
(a) the number of users visiting the Website and the number of pages viewed by such users;
(b) the date, time and duration of your visit;
(c) the IP address of your computer;
(d) your browser software; and
(e) your path taken through the Website.
6.4 Cookies are small text files that are transferred to a user’s computer hard drive by a website for the purpose of storing information about a user’s identity, browser type or website visiting patterns.
6.5 If you access the Websites or click-through an email we send you, a cookie may be downloaded onto your computer’s hard drive. However, cookies will not identify you, your email passwords or your bank account details.
6.7 You can configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is sent. Each browser is different, so check the “Help” menu of your browser to learn how to change your cookie preferences.
6.9 Web beacons are images that originate from a third party site to track visitor activities. ATOs may use web beacons to track the visiting patterns of individuals accessing a Website.
7. How can an ATO use and disclose the personal information it collects about you?
7.1 An ATO will only ever use and disclose your personal information for the primary purpose for which it was provided by you, for secondary purposes related to the primary purpose, and as otherwise permitted by Australian privacy laws. So that you are kept aware of the ways in which we use your personal information, such primary and secondary purposes may include, by way of examples:
(a) to verify your identity and reduce the likelihood of duplications in IT Systems and Websites, thereby providing you with a better individual experience;
(b) to complete and retain background checks where necessary;
(c) if you work in the tennis industry, to provide prospective customers with your contact details to enable you to be contactable for the purposes of offering your services;
(d) to maintain the Australian tennis rankings;
(e) to provide you with products or services you have requested;
(f) to provide you with information about relevant activities and opportunities where you have provided your consent to such contact;
(g) to assist other ATOs as is reasonably necessary for their functions or activities, or their legitimate interests;
(h) to promote your business if you are a Tennis Australia Coach Member, where you have consented to have your contact details listed on the Websites and other promotional materials;
(i) to develop, run, and administer existing and new competitions, programs, activities and other events;
(j) to share relevant player information with the ITF, WTA, ATP, Australian Olympic Committee and other relevant bodies;
(k) to organise medical treatment;
(l) to administer, manage and improve the Websites and IT Systems and to provide you with access to those Websites and IT Systems, and to provide you with the functionality those Websites and IT Systems enable, such as linking to and viewing the profiles of your family connections or viewing your competition schedule in Competition Planner;
(m) to manage your relationship with ATOs;
(n) to implement and administer Tennis Australia’s other National Policies, copies of which are available on Tennis Australia’s website at https://www.tennis.com.au/about-tennis-australia/reports-and-policies/policies;
(o) to disclose to other ATOs relevant information regarding your financial standing with an ATO where necessary, including whether or not you are a financial member;
(p) to disclose to an ATO’s professional advisers, including accountants, auditors and lawyers, or insurers or insurance brokers, when necessary or appropriate;
(q) to assist law enforcement and regulatory bodies, when necessary or appropriate;
(r) for direct marketing communications by way of post, email, text message or any other electronic means from an ATO in relation to products, including targeted online advertisements, services, event tickets, merchandise and special offers made available by either the same or another ATO or their respective corporate partners, licensees, sponsors, suppliers and broadcasters (and who may, at times be outside Australia), where you have consented to receive such communications or would reasonably expect to receive such communications. You will be able to opt-out of direct marketing at any time if you so choose, by utilising the ‘unsubscribe’ or other similar feature included on all electronic marketing communications, or in the case of other direct marketing materials, contacting the ATO in accordance with clause 10 below; and
(s) where permitted by an ATO, to enable third party corporate partners, licensees, sponsors, suppliers and broadcasters who have a relationship with an ATO (and who may, at times be outside Australia), to market and promote their products and services to you by way of post, email, text message or any other electronic means where you have consented to receive such communications or would reasonably expect to receive such communications,. You will be able to opt-out of direct marketing at any time if you so choose, by utilising the ‘unsubscribe’ or other similar feature included on all electronic marketing communications, or in the case of other direct marketing materials, contacting the ATO in accordance with clause 10 below.
7.2 An ATO may have contractual relationships with a number of third party suppliers, service providers and IT System administrators who assist the ATO, for example IT vendors who develop, test and maintain IT Systems and Websites, medical consultants who provide medical services at events, or individuals who carry out research, or the compilation or analysis of statistics, relevant to the ATOs. At times, the third party suppliers, service providers and IT System administrators may require access to your personal information solely in the course of supplying products and services to the ATO. At times these third party suppliers, service providers and IT System administrators may be located outside Australia. As at the date of the last change to this Policy, this includes third party suppliers, service providers and IT System administrators located in Belgium, China, France, Germany, Hong Kong, the Netherlands, Singapore, the United Kingdom and the United States of America. These third party suppliers, service providers and IT System administrators will be required to protect your personal information on the terms set out in their contract with the ATO, including appropriate confidentiality provisions and compliance with Australian privacy laws as applicable.
7.3 An ATO may also disclose your personal information to an international tennis organisation if you are involved in a tennis tournament sanctioned by that international tennis organisation (for example the International Tennis Federation based in the United Kingdom).
7.4 An ATO will not otherwise disclose or use personal information without your consent, unless the disclosure is:
(a) in accordance with this Policy or any agreement with you; or
(b) required or authorised by law, including the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth).
8. Security and retention of personal information
8.1 Each ATO aims to keep your personal information secure. Any personal information that is collected via a Website or which is held on an ATO’s IT System is protected by appropriate technical and organisational measures, which may include firewalls, strong data encryption, intrusion detection, two factor authentication and prevention systems and the separation of data.
8.2 To give you further comfort that we value the protection of your personal information, we implement further appropriate technical and organisational measures for your benefit, for example;
(a) limiting physical access to our buildings and venues and user access to our IT Systems only to those we believe are entitled to be there, or on a “need to know” basis;
(b) proactive monitoring of our IT Systems; and
(c) utilising industry standards to support the maintenance of robust information security management systems,
however, no server is guaranteed to be 100% secure and unauthorised access may occur, despite us taking all reasonable steps.
8.3 We will keep your personal information for the purposes set out in this Policy and in accordance with applicable laws. We will not retain your personal information for longer than is necessary. Further, if an ATO finds that it has no further need for your personal information, it will remove it from its IT Systems and destroy all record of it.
8.4 In order to ensure our commitment to data security and our management of your personal information, we regularly monitor and adhere to the guidelines published by the Office of the Australian Information Commissioner (OAIC). If we encounter or suspect any data breach where personal information may be involved, we will always follow the process set out by the OAIC under the notifiable data breach scheme.
9. How to correct and access personal information
9.1 If you provided your personal information via an IT System or Website, you can update your personal information in that IT System or Website at any time by logging onto the relevant IT System or Website and submitting the updated information. Alternatively you can contact an ATO in accordance with clause 10 to request that the ATO updates or corrects the personal information held about you.
9.2 You may be entitled to access personal information that an ATO holds about you. You can request access to the personal information by contacting that ATO in accordance with clause 10. The ATO may charge a reasonable fee where access is provided (although we will clearly outline any such fee prior to granting access). There may be some legal or administrative reasons to deny access. If an ATO refuses your request to access your personal information, it will provide you with written reasons for the refusal where reasonable to do so.
10. Who to contact about privacy matters
10.1 Each ATO is responsible for protecting the personal information that it holds about you in accordance with this Policy. If you have any queries we recommend contacting the relevant responsible ATO directly in the first instance.
10.2 If you:
(a) would like to access the personal information that Tennis Australia or an ATO holds about you;
(b) have a complaint;
(c) would like to exercise your rights in relation to your personal information, for example:
(i) to correct inaccurate personal information we hold about you;
(ii) to restrict our use of your personal information, if applicable;
(iii) to delete your personal information in certain circumstances; or
(iv) to receive personal information an individual has provided TA in a structured, commonly used, machine-readable format, in certain circumstances,
or simply require further information about this Policy, you can contact Tennis Australia’s Privacy Officer either:
(a) by email to: [email protected]; or
(b) by writing to: Privacy Officer, Tennis Australia, Private Bag 6060 Richmond Victoria 3121 Australia.
Tennis Australia will investigate your queries and complaints within a reasonable period of time and will notify you of the outcome of our investigation (usually within 30 days). Tennis Australia may refer your correspondence to the relevant ATO if necessary to ensure a timely response.
10.3 You subsequently have the right to file a complaint with our supervisory authority (namely, the OAIC, by following the procedure at https://www.oaic.gov.au/individuals/how-do-i-make-a-privacy-complaint).