PLEASE READ OUR PP THOROUGHLY. WE COLLECT PERSONAL SENSITIVE INFORMATION, STORE IT AND USE IT AS DISCLOSED IN OUR PP. OUR PP IS CONTROLLED BY THE PRIVACY LEGISLATION.
In Our PP, the definitions and interpretation relative thereto are set out in Clause 19 of our PP.
Words not specifically defined in these PP will have the meaning one would normally attribute to them such as name of a country, state or territory as referred to in our PP, or, otherwise, the Privacy Legislation and, where any inconsistency arises, the Privacy Legislation will prevail.
3.INTRODUCTION / PRIVACY LEGISLATION
3.1 We acknowledge the existence of the Privacy Legislation which was introduced to protect your privacy and your Information.
3.2 The purpose of the Act is to govern when and how personal Information can be collected, stored and used by business operators such as us.
3.3 The purpose of the NDB was to set up a scheme whereby we must take certain measures where there is unauthorised access to, unauthorised disclosure of or loss of, Information of our clients and prospective clients. The intention of the NDB is to ensure that if we hold Information, we must take all reasonably necessary internal security measures to ensure that the access, disclosure or loss does not result in serious harm to you. See Clause 9 below.
3.4 The purpose of the introduction of the GDPR was to protect your Information if you are an EU citizen. If we hold your Information or process data about you in the context of selling goods or services, and you are an EU citizen, we must comply with the GDPR. See Clause 9 below.
3.5 We shall do all things reasonably necessary to implement processes to protect unauthorised access to, unauthorised disclosure of, or loss of, your Information.
3.6 We shall, and we shall procure that our associated entities do likewise, comply with the provisions of the NDB and notify as required by the NDB, and where applicable, the GDPR.
3.7 We collect your Information and that of prospective clients which must be provided to the relevant authorities, legal enforcement and government bodies, related parties and contracted software providers, and agencies and third parties that might have an interest, direct or otherwise, in us, our business operations and our clients and prospective clients.
3.8 You are invited to “opt-in”, consent or subscribe to, our rights to hold and use your Information as set out in this PP by accessing our website. You may, at any time, by notice in writing to our Privacy Officer, elect to “opt-out”, withdraw consent or unsubscribe as set out in our PP.
3.9 By nominating a horse in a sale conducted by us, or, participating in the sale or purchase of a horse at a sale conducted by us, or, participating in any event associated with us, you are ‘opting-in’, consenting or subscribing to our PP.
4. OUR PRIVACY COMMITMENT
We are committed to managing your Information openly and transparently and to keeping it safe. We will:
4.1 comply with the Privacy Legislation in an effort to provide you with quality goods and services, and, to only collect, store and use your Information to do so;
4.2 as soon as practically possible, respond to your directions to refrain from using your Information for any purpose, keep accurate and up to date your Information;
4.3 update our PP using plain and simple language and alert you to changes to our PP from time to time.
5. COLLECTION OF YOUR INFORMATION
5.1 Protecting your privacy and your Information is of the greatest importance to us. We are committed to protecting your privacy. We will:
5.1.1 only collect from you Information that is necessary and relevant to our relationship with you, including, to enable us to provide to you the best possible service;
5.1.2 unless in exceptional circumstances, use our best endeavours to ensure that the collection of your Information will only relate to the goods or services that we are providing to you or are about to provide to you and to enable us to contact you in relation to those goods and services;
5.1.3 always collect your Information directly from you unless it is impracticable to do so, however, some of the Information may come from data from other sources and our protection of your privacy and your Information will also apply to such data.
5.2 You do not have to provide us with your Information, but if you do not provide us with your Information, we may not be able to provide the goods and services that you require.
5.3 We, as You know, are in the business of thoroughbred horse sales by way of private treaty and auction. Accordingly, our business is regulated by various government and regulatory bodies who impose obligations and regulations on the conduct of our business. Some of those obligations and regulations relate to disclosure of the Information. These obligations and regulations may require us to collect additional personal information in addition to the Information and pass them on to those government and regulatory bodies. Any of the Information that may be sensitive that we must pass on will be deleted where practicable once any obligations or regulations have been carried out and/or complied with.
5.4 You can always request that your Information be erased, forgotten (verbally but preferably in writing – you can access a pro forma request form by clicking here) and you can always “opt-out”, withdraw consent or unsubscribe at any time by notice in writing to our Privacy Officer.
6. USE AND DISCLOSURE OF INFORMATION
We attempt to collect your Information directly from you but your Information may be collected by your use of our website, and, as such, your Information will be collected and used in the normal course of our business. We will:
6.1 not release your Information to third parties (except as required by law) without your consent which is deemed to be given if you elect to “opt-in” consent or subscribe to our PP;
6.2 rely on the following representations and warranties from you to us (confirmed by you “opting-in”, consenting or subscribing to our PP) that where your Information relates to personal information about another person, you:
6.2.1 have obtained the express consent of that third party to disclose their personal information to us for its use in accordance with our PP; and
6.2.2 are authorised to provide that personal information to us; and
6.2.3 have complied with the APP in collecting that personal information including by making all relevant notifications required of the APP5; and
6.2.4 have informed that person about the contents of our PP and that such third party can gain access to and correct the personal information relating to them that you have provided to us.
6.3 further, we may use and disclose your Information as follows:
6.3.1 to consider your request for information in relation to goods or services we can offer you, and / or, information in respect thereof as requested by you;
6.3.2 to enable us to provide goods and services;
6.3.3 to carry out or respond to your queries or requests;
6.3.4 to any third party suppliers of our goods and services;
6.3.5 to our third party service providers to assist us in providing and improving our goods and services to you and to analyse trends in sales and better understand your needs or to develop, improve and market our products and goods and services to you;
6.3.6 for use in direct marketing or promotions of us, our goods and services;
6.3.7 to consider any concerns or complaints you may raise against us;
6.3.8 to better understand your preferences;
6.3.9 to use your images or visage in marketing, promoting or selling our goods and services or those of our clients for no consideration;
6.3.10 to use your Information to identify a good or service that may benefit you;
6.3.11 to contact you from time to time to let you know about an offer, a good or service that we believe you might be interested in;
6.3.12 to use our pages on third party social media platforms, such as, but not limited to, Facebook, Instagram, “X” (formerly Twitter), WeChat, Pinterest, You Tube or LinkedIn and your Information will be subject to the privacy policies of such third parties. We strongly recommend that you view the privacy policies of these third parties before you submit any personal sensitive information to them; and
6.3.13 to assist us in complying with the Privacy Legislation.
6.4 Further to Clause 6.1, we may need to pass your Information on to third party companies and consultants who assist us in the conduct of our business and help us to provide goods and services to people such as you, from time to time, and, some of this Information could be passed on to companies and consultants overseas. The passing on of some of the Information may be needed to assist in investigating your complaints or queries, to meet and satisfy government and regulatory body obligations and regulations, and to market and publicise competitions and marketing opportunities related to our business, disclosing participants and winners of competitions and the like.
6.5 Data Processing Agreements are maintained with all third party service providers used to collect and store personal information and communicate with our clients and prospective clients.
7.1 A cookie is a small data piece of text or file that is placed within the memory of a computer or which a website may write to your hard drive when you visit it. The browser stores the message in a text file, and the message is then sent back to the server each time the browser requests a page from the server. The only personal sensitive information a cookie can contain is Information you personally supply.
8. SECURITY OF PERSONAL INFORMATION
8.1 Although we take reasonable steps, through the use of encryption and other methods, to ensure the security of your Information, you do so at your own risk.
8.2 Further, we:
8.2.1 have implemented appropriate processes and techniques (including physical security such as locks and security systems and computer network security, including, but not limited to, firewalls and passwords, removal of obvious identification tags and the like) to protect your Information from loss, misuse and interference and from unauthorised access, modification or disclosure;
8.2.2 are dependent upon the overall security of the internet which, it has been seen from international events, is not totally secure and we are, therefore, subject to such external influences as regards the security of your Information, and, this is particularly true for Information you send to us via email as we have no way of protecting that Information until it reaches us, whereupon we are required to protect your Information in accordance with the Privacy Legislation;
8.2.3 may need to disclose your information, in some circumstances to a third party living overseas such as an EU citizen in which case we specifically have to comply with the GDPR as well as the other Privacy Legislation. The countries to which we are most likely to send your Information include the EU, the United Kingdom, the Republic of Ireland, Hong Kong, Japan, the Republic of Korea, the Philippines, the Peoples Republic of China, the Middle East, New Zealand, the Republic of Singapore, Malaysia, the Republic of South Africa and the United States of America. If circumstances require us to hold the Information overseas we will seek your consent except in the event that the destination has equivalent or greater privacy laws and protections to those of Australia.
9. LINKS AND THIRD PARTY SITES
9.1 Our website may contain links to third party websites.
9.2 All third party links on our website are provided for your convenience. You access those websites and or use our website’s products and services at your own risk.
9.3 We are not responsible for and make no representations concerning the condition and content of, or product offerings at the third party websites.
9.4 We do not control the content or privacy policies of third party websites.
9.5 We encourage you to read the privacy statement of each website you visit, when you leave our website.
9.6 Notwithstanding the above, we will comply with our obligations in relation to our controls and processes of your Information as is required by the Privacy Legislation.
10. ACCESSING AND CORRECT INFORMATION
10.1 If you would like to access, update or correct your Information, you should do so by emailing in writing to our Privacy Officer at:
10.1.1 Cassandra Simmonds
10.1.2 physical address: 28 Ascot Court, Bundall QLD 4217;
10.1.3 postal address: PO Box 5246, Gold Coast Mail Centre, QLD 9726;
10.1.4 email: [email protected];
10.1.5 facsimile: international: +61 7 5531 7082; domestic: 07 5531 7082.
10.2 If you need to make telephone contact with our Privacy Officer, the current telephone number is:
10.2.1 international: +61 7 5504 1200;
10.2.2 domestic: 07 5504 1200.
10.3 We may not be able to provide you with access to your Information when requested in circumstances where, according to law, we are not allowed or access would pose a serious threat to the life, health or safety or another person or where such access would unreasonably impact on the privacy of a third party.
10.4 We will respond to any request for access or correct of your Information as soon as practically possible.
10.5 We are dependent upon you for the accuracy of your Information and it is your obligation to ensure that it is, at all times, accurate, complete, up to date, relevant and not misleading. Accordingly, would you ensure that you provide us with correct Information at the time you provide it to us and immediately inform us of any changes in your Information to ensure that we can achieve our aims for accuracy, completeness, etc.
10.6 We do not engage a DPO.
11. UPDATING OUR PP
11.1 The content of our PP may be updated from time to time, so we suggest that you regularly revisit the website and carefully read the information provided.
11.2 We reserve the right to change our PP at any time without giving notice to you.
11.3 We will use our best endeavours to ensure that all information published on our website is accurate and up to date but we cannot take any responsibility for any error or omission relating thereto especially as, to a certain extent, it is based on the information of third parties.
11.4 We last updated our PP in November 2023.
12. TELL US WHAT YOU THINK / SOCIAL NETWORKS
12.1 We welcome your questions and concerns about privacy. If you have any concerns or complaints please contact our Privacy Officer at the contact details set out in Clause 10 above.
12.2 We will endeavour to answer your questions and address your concerns as soon as practically possible.
12.3 You can contact us without identifying yourself, however, if you do so, it will make it more difficult for us to assist you in answering your questions and satisfying your concerns.
13. EXPRESS CONSENT TO COLLECTION, STORAGE, USE AND DISCLOSURE OF YOUR INFORMATION
You can expressly accept the terms of our PP and “opt-in”, consent and subscribe to our PP by accessing our website and in doing so you expressly consent to our collection, storage, usage and disclosure policies with respect to your Information.
14. OTHER TERMS AND CONDITIONS RELEVANT TO OUR PP
Your dealings with Us may vary from those of others and, accordingly, there may be additional privacy notices, terms and conditions, that relate to You and not others. Such additional privacy notices, terms and conditions may be included in other contractual agreements or documents issued by Us to You relative to those dealings and You should carefully acquaint yourself with respect thereto. You are advised to regularly access and check the websites of MMS and MMP.
15. MORE INFORMATION ABOUT THE ACT AND THE APP
We advise You to make enquiries from the OAIC for more information about privacy law and privacy principles at www.OAIC.gov.au.
16. YOUR COMPLAINTS AND OUR DEALING WITH THEM – THE PROCESSING OF YOUR INFORMATION
16.1 We will use out best endeavours to process Your Information lawfully, fairly and in a transparent manner and collect that Information for specified, explicit and legitimate purposes and ensure that the Information is adequate, relevant and limited to what is necessary in relation to the purposes for which it is processed.
16.2 We will keep the Information in a form which permits identification of You for no longer than is necessary for the purposes for which the Information is processed, however, some Information may be stored for longer periods where the Information is processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes as allowed by the GDPR, and, further We will ensure appropriate security of the Information.
16.3 We shall not, subject to Article 9 of the GDPR, reveal Information that relates to Your racial or ethnic origin, political opinions, religious or philosophical beliefs or trade union membership, genetic or biometric data or health data, or data concerning a natural person’s sex life or sexual orientation.
17. YOUR RIGHT TO ACCESS INFORMATION
17.1 You have the right to obtain from Us confirmation as to whether or not the Information is being processed, and, where that is the case access to that Information and the information set out in Article 15 of the GDPR.
17.2 Further to Clause 10, You will have the right to obtain from Us, without undue delay, the rectification of inaccurate Information relative to You. You will also have the right to erasure as set out in Clause 5.4.
18. MAKING YOUR COMPLAINTS AND OUR DEALING WITH YOUR COMPLAINTS
18.1 Pursuant to the GDPR, You have the right to lodge a complaint with a supervisory authority referred to in the GDPR, without prejudice to any other administrative or judicial remedy You may allegedly have against Us. Your complaint should be lodged with a supervisory authority in the state or territory in which You reside or where You work or are employed or in the location the complaint arose. You can access details of Your remedies and liability and penalties that may apply to Us on the GDPR as defined in Clause 19.
18.2 If You lodge a complaint against Us, We shall do all things reasonably necessary as required by the GDPR and within the time limits stipulated therein to address Your complaint.
18.3 We advise that a data breach with respect to Your Information happens when personal Information is accessed or disclosed without authorisation or is lost. If We become aware of such a breach, We shall use our best endeavours pursuant to the Act to notify You and all who should be informed pursuant to the Act and within the time limit stipulated by the Act. The OAIC regulates the Act. If you have a complaint against Us under the Act, you should notify our Privacy Officer and identify the complaint in writing, and, our Privacy Officer will investigate the complaint and try and resolve it in a timely manner, and, as may be prescribed by the Act.
In our PP, unless the context otherwise requires, the following words shall have the following meanings:
“Act” means the Privacy Act 1998 (Cth) as amended from time to time, and which we recommend you read and can be viewed by clicking here;
“APP” means the Australian Privacy Principles set out in the Act and which we recommend you read and can be viewed by clicking here;
“Data Processing Agreements” has the meaning attributed to it in the Act.
“DPO” means for the purposes of the GDPR, a data protection officer.
“EU” means the European Union, or, European as the context requires;
“GDPR” means the EU General Data Protection Regulation which came into effect on 25 May 2018 and which we recommend you read and can be viewed by clicking here;
“Information” means your personal sensitive information and data (including but not limited to your full name, address, date and place of birth, age, physical attributes, likes and dislikes) as disclosed to us prior to your reading our PP or as updated by you in writing to our Privacy Officer from time to time following your last reading of our PP, and, data and information defined or set out in the Privacy Legislation. In our business, Information will usually specifically involve details of horses currently owned, bred, raised, sold, bid for and/or purchased (and shares in stallions) by you, horse pedigrees, prize money won or prizes received, or bonuses provided to you, your attendance at our auctions, sales and events and participation in competitions as well as your feedback and comments with respect thereto.
“MMS” means Magic Millions Sales Pty Limited (ABN 54 078 396 317) and includes MMS’ officers and agents, its successors and assigns;
“MMP” means Magic Millions Promotions Pty Limited (ABN 41 088 197 200) or any other party, identified in MMS’ or MMP’s documentation issued, from time to time, in respect of thoroughbred horse sales as the promoter or sponsor thereof or of a closed race series or incentive race series in association with which thoroughbred horse sales are conducted, and includes MMP’s officers and agents, its successors and assigns;
“NDB” means the Privacy Amendment (Notifiable Data Breaches) Act 2017 which came into effect on 22 February 2018 and which we recommend you read and can be viewed by clicking here;
“OIAC” means the Office of the Australian Information Commissioner;
“Privacy Legislation” means the Act, the APP, the NDB and the GDPR;
“Privacy Officer” means our privacy officer (or Controller as defined in the GDPR) from time to time whom as at the date of this PP means the person described in Clause 10 of our PP, whose contact details are set out in Clause 10 of our PP;
“We/we”, “Us/us” and “Our/our” means MMS and MMP;
“You/you” and “Your/your” means each person who accesses our website and views our PP.