Privacy Policy

Introduction

• Aqua Warrior
  Aqua Warrior will from time to time gather information from our customers and other parties with whom we deal to enable us to improve the nature of the services we provide. The types of personal information Aqua Warrior collects about you will depend on what interactions you have with us and the types of services or products you use. Aqua Warrior understands our customers’ concerns regarding confidentiality and takes seriously its obligations in respect of all information it gathers. To safeguard that information, we have implemented a policy to ensure compliance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs). This Privacy Policy outlines how Aqua Warrior deals with Personal Information.

Aqua Warrior Collects Personal Information

• Nature of Information
  The information Aqua Warrior collects in most cases relates to Customers but can relate to suppliers and other parties we deal with (for the purposes of this Privacy Policy all such people are described as Customers). Information is gathered for a range of purposes, including the provision of ongoing Customer support and the compiling of Customer databases to enable us to more accurately market our goods and services. The type of information we collect includes such things as contact details, buying habits, opinions, product preferences and transactional details. Aqua Warrior treats all such information which is collected and identifiable as relating to an individual as Personal Information within the context of this Privacy Policy.
• How Aqua Warrior collects Personal Information
  In accordance with the APPs, where practical, Customers of Aqua Warrior may deal with Aqua Warrior on an anonymous basis. However, as a provider of a wide range of services, Aqua Warrior frequently finds that it is necessary to collect Personal Information during the course of transactions. Personal Information may be collected about Customers via the following means:
  • competition entry forms;
  • application forms;
  • email;
  • websites (including in some instances cookies);
  • online transactions;
  • networking functions (such as business cards);
  • over the phone;
  • patron surveys;
  • at the front gate;
  • in contracts;
  • incident and visitor records;
  • CCTV footage, RFID data and photographs;
  • credit card details via credit card purchases; and
  • information collected from third parties.
• Information given to Customers
  When Personal Information is collected from a Customer, they are advised at the time of collection or as soon as practical after its collection as to:
  • Aqua Warrior’s contact details;
  • the purpose of collection;
  • the fact that a Customer can access the Personal Information that Aqua Warrior holds about them;
  • the types of organisations to which their Personal Information may be disclosed;
  • any law that requires the Personal Information to be collected; and
  • the key consequences if all or some of the information cannot be collected; and
  • whether the Personal Information will be disclosed to overseas recipients.

  Where Aqua Warrior collects Personal Information about a Customer from a third party, and the Customer has not previously consented to that third party providing the information to Aqua Warrior, we will, where reasonable and practical, provide the Customer with the following information about that third party:

  • the third party’s contact details;
  • the purpose of collection;
  • the fact that the Customer can gain access to the Personal Information;
  • the types of organisations to which their Personal Information may be disclosed by that third party;
  • any law that requires the Personal Information to be collected; and
  • the key consequences if all or some of the information cannot be collected.
• ‘Sensitive information’
  Aqua Warrior will not ask a Customer for 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:
  • the collection of that information is specifically authorised by law; or
  • the collection of the information is necessary for the establishment, exercise or defence of a legal claim.
• Customer consent
  Wherever practical, Aqua Warrior will obtain the express consent of Customers to the collection of Personal Information.
  
  In some situations, Aqua Warrior will interpret a Customer’s actions as indicating that a Customer consents to the collection of Personal Information. This may occur where the Customer has provided Personal Information for a particular purpose and that purpose cannot be achieved without Aqua Warrior making use of the Customer’s Personal Information.
• What happens if Personal Information is not provided?
  Where relevant, Aqua Warrior will endeavour to make Customers aware that Aqua Warrior may not be able to provide a proper service to them if Personal Information is not provided upon request.
• Cookies
  Cookies are small pieces of data stored on the web browser on computers. Aqua Warrior websites may store cookies on a Customer’s web browser. The main reasons Aqua Warrior stores cookies are to:
  • improve customers’ website browsing experience. For example, to remember a Customer’s search criteria and to remember any site preferences for future visits to those web sites;
  • gather statistics on site usage; for example, page views and drop off points so Aqua Warrior can monitor site usage and make improvements to site usability.

Use and Disclosure of Personal Information

• Use of Personal Information
  Aqua Warrior may use Personal Information for the purposes identified at the time of collection which may include:
  • to provide and administer Aqua Warrior goods and services, such as verifying a Customer’s identity; contacting Customers about orders and bookings; processing payments; training staff; testing its systems; and managing interaction with Aqua Warrior’s suppliers;
  • to provide and operate Aqua Warrior competitions, promotions and events;
  • to distribute Aqua Warrior newsletters and other communications by itself or with the assistance of third party services providers;
  • for Customer support, including resolving and providing assistance for orders or tickets or to respond to other enquiries or requests;
  • to conduct marketing activities for Aqua Warrior’s products and services, or products and services of third parties, and to conduct market and other research to improve Aqua Warrior’s products, services and marketing activities;
  • to conduct market research and analysis;
  • to provide information technology services such as data storage, distribution services, communication networks, software and system development, maintenance and support, and information processing, analysis and reporting;
  • to provide services in the course of investigating a complaint or a security incident;
  • for the purposes of a confidential alternative dispute resolution process; or
  • to maintain records and comply with Australian law.
• Disclosure of Personal Information
  In general, only officers, employees or contractors of Aqua Warrior may view Personal Information.
  
  Aqua Warrior will only grant access to parties other than Aqua Warrior’s officers, employees and contractors to view Personal Information where Aqua Warrior believes that access is necessary to achieve the purpose for which the Personal Information was collected.
  
  From time to time, Aqua Warrior may grant access to service partners, companies or individuals with whom it shares some common commercial interest to view Personal Information where Aqua Warrior believes that access is necessary to achieve the purpose for which the Personal Information was collected.
  
  To the extent that these service partners, companies or individuals are located in Australia and Aqua Warrior gives them access to a Customer’s Personal Information, they are subject to privacy legislation which prevents the Personal Information being used for any other purposes. AquaSplash will only disclose Personal Information to parties other than Aqua Warrior’s officers, employees and contractors without a Customer’s consent if:
  • Aqua Warrior believes that the disclosure may lessen a risk of harm to the health or safety of any person;
  • Aqua Warrior believes an unlawful activity is being undertaken and the Personal Information is disclosed as part of Aqua Warrior’s investigation into this activity;
  • Aqua Warrior is required by law to disclose the Personal Information; or
  • the disclosure is required for the enforcement of a criminal law or a law imposing a pecuniary penalty or for the protection of public revenue.
• International transfers
  Aqua Warrior may disclose Personal Information to countries outside Australia. Aqua Warrior will only do so in compliance with all applicable Australian data protection and privacy laws. Aqua Warrior will take reasonable steps to protect Personal Information no matter what country it is stored in or transferred to.
• Identification
  Aqua Warrior does not use any prohibited identifiers (such as a tax file number) to identify its Customers.
• Storage and Security
  Personal Information may be stored in either hard copy form or on computer or both. Hard copy Personal Information is wherever practical, kept under locked security. Personal Information stored on computer is wherever practical, password protected. Where possible and practical, Aqua Warrior will endeavour to comply with recognised Australian and international standards relating to information security.
• Updating Personal Information
  Aqua Warrior regularly monitors the quality and accuracy of Personal Information that it maintains and where practical, updates that information on a regular basis. Customers can update or correct their Personal Information at any time by contacting Aqua Warrior’s Privacy Officer.

Minors

Aqua Warrior has adopted the position proposed by the Privacy Commissioner that a young person is able to give their consent when he or she has a sufficient understanding and maturity to understand what is being proposed. When obtaining Personal Information from minors, Aqua Warrior will make a determination as to the minor’s understanding of why the Personal Information is being collected, before deciding to collect that information.

Competitions

Personal information gathered during competitions run by Aqua Warrior will be governed by the principles set out in this Privacy Policy unless an express statement is made in relation to privacy in the conditions of entry for the competition.

Direct Marketing

Personal Information collected for direct marketing purposes will only be collected, used or disclosed with the consent of the relevant Customer as provided for in this Privacy Policy. In circumstances where Aqua Warrior cannot practically obtain the consent of a Customer, then Aqua Warrior may still engage in direct marketing to that Customer, but will:

• include an ‘unsubscribe’ facility so Customers can unsubscribe from the mailing list at any time; and
• clearly and accurately identify the sender of the message; and
• include information about how Customers can contact Aqua Warrior if Customers wish to be removed from any mailing list or to contact Aqua Warrior’s Privacy Officer.

Access to Personal Information

Customers may access their Personal Information by contacting Aqua Warrior’s Privacy Officer. Any request to provide access to this information will be dealt with within a reasonable time.

When Aqua Warrior May Withhold Access to Personal Information

• When access can be withheld
  Access to Personal Information may be withheld in a number of circumstances. These include where:
  • providing access would pose a serious and imminent threat to the life or health of a person;
  • providing access would have an unreasonable impact on the privacy of others;
  • the information is subject to confidentiality where the person who provided the information to Aqua Warrior did so expressly on the condition that it remains confidential;
  • the request is vexatious or frivolous;
  • the information relates to current or anticipated legal proceedings between Aqua Warrior and the person and the information would not be required to be discovered to a court;
  • Aqua Warrior is in commercial negotiations with the person and the information would reveal AquaSplash’s intentions;
  • providing access would be unlawful or Aqua Warrior is required by a law to withhold access; or
  • providing access could prejudice the investigation or detection by Aqua Warrior or by a government body of an unlawful activity or some serious or improper misconduct.

  Where Aqua Warrior does withhold Personal Information, Aqua Warrior may instead choose to give the Customer a summary of that information.

• Written reasons
  If AquaSplash withholds access to Personal Information, Aqua Warrior will provide written reasons to the extent required and how the Customer may complain about the refusal.
• Third party intermediary
  If Aqua Warrior withholds access to Personal Information, Aqua Warrior will consider whether the provision of access to an independent third party will meet Aqua Warrior’s and the relevant Customer’s needs.

Contractors

Aqua Warrior may from time to time employ subcontractors to provide services to it. In these situations, Personal Information may be collected about those subcontractors. This Privacy Policy applies equally to those subcontractors.

Who to Contact

Aqua Warrior is committed to working with its Customers to obtain a fair resolution of any complaint or concern about privacy.

If you have a concern about your privacy or you have any query on how your Personal Information is collected or used please contact Aqua Warrior using the details below. We will respond to your query or complaint within a reasonable time. If you are not satisfied with Aqua Warrior’s response, you may also contact the Office of the Australian Information Commissioner.