PRIVACY POLICY

Sydney FC (Club) recognises that privacy is important and that an individual has the right to control his or her Personal Information. The Club is committed to protecting the privacy of individuals on whom it collects Personal Information.

The Club’s Privacy Policy is based on the National Privacy Principles (NPPs) in the Privacy Act and governs how the Club handles the personal information it collects, uses, discloses and stores on:

(a) Football participants, whether they are paid or unpaid, including players, Club Officials and Team Officials (Participants);
(b) persons who subscribe to any current or future Club membership programs, newsletters or promotional offers; or
(c) persons who purchase tickets to attend A-League matches;
(collectively referred to as Constituents).

This policy relates to Personal Information on Constituents.

1. COLLECTION
1.1 The Club will not collect personal information from a Constituent unless the information is necessary for one or more of the Club’s functions or activities.

1.2 The Club collects personal information about a Constituent for the following primary purposes:

(a) insurance, registration and selection (if the Constituent is a Participant);
(b) disciplinary, grievance or dispute resolution through Football Federation Australia’s (FFA) Grievance Procedure (if the Constituent is a Participant), to which the Club is bound;
(c) direct marketing by FFA or a HAL Club to a Constituent, including for Football related information and offers; and
(d) disclosure to Official Partners (unless a Constituent has indicated that he or she does not want to receive information on exclusive offers from the Official Partners).

1.3 Where it is reasonable and practicable to do so, the Club must collect personal information about Constituents only from the Constituent. The Club keeps standard forms to be used when personal information is collected from Constituents. Where the Club collects personal information about Constituents from the Constituent, the Club must only do so through any relevant forms approved by FFA or the Club from time to time.

1.4 If the Club collects personal information about a Constituent from someone other than the Constituent, the Club must take reasonable steps to ensure the Constituent is made aware of the matters listed in clause 1.5, except to the extent that making the individual aware of those matters would pose a serious threat to the life or health of any individual.

1.5 At or before the time (or if that is not practicable, as soon as practicable after) the Club collects personal information about a Constituent, the Club must take reasonable steps to ensure that the individual is aware of:

(a) the identity of the Club and how to contact it;
(b) the fact that the Constituent can gain access to the information held on them;
(c) the purposes for which the information is collected;
(d) the organisations (or types of organisations) to which the Club usually discloses information of that kind;
(e) any law that requires the information to be collected; and
(f) the main consequences (if any) for the Constituent if all or part of the information is not provided.

For the purposes of assisting compliance with this requirement, the Club keeps a register of standard forms containing the required notice for the particular purpose for which the information is collected.

2. USE AND DISCLOSURE
2.1 The Club will not use or disclose personal information about a Constituent for a purpose (the secondary purpose) other than the primary purpose of collection unless:

(a) the Constituent has consented to the use or disclosure;
(b) both of the following apply:
(i) the secondary purpose is related to the primary purpose of collection and, if the personal information is sensitive information, directly related to the primary purpose of collection; and
(ii) the Constituent would reasonably expect the Club to use or disclose the information for the secondary purpose;
(c) the Club reasonably believes that the use or disclosure is necessary to lessen or prevent:
(i) a serious and imminent threat to an individual’s life, health or safety; or
(ii) a serious threat to public health or public safety;
(d) the Club has reason to suspect that unlawful activity has been, is being or may be engaged in, and uses or discloses the personal information as a necessary part of its investigation of the matter or in reporting its concerns to relevant persons or authorities;
(e) the use or disclosure is required or authorised by or under law; or
(f) the Club reasonably believes that the use or disclosure is reasonably necessary for one or more of the purposes specified in National Privacy Principle 2.1(h) by or on behalf of a law enforcement body. If the Club uses or discloses personal information on this basis, it must make a written note of the use or disclosure.

2.2 The Club may disclose personal information to ticketing agents, mailhouses or other similar organisations for the purpose of implementing the primary purposes, including implementing ticket requests and communicating Football-related offers. The Club requires these organisations to keep contact details confidential and to use them only for the designated purpose.

2.3 Despite clause 2.1, the Club may disclose health information about a Participant to a person who is responsible for that Participant if:

(a) the Participant:
(i) is physically or legally incapable of giving consent to the disclosure; or
(ii) physically cannot communicate consent to the disclosure;
(b) a natural person (the carer) providing a health service for the Club is satisfied that either:
(i) the disclosure is necessary to provide appropriate care or treatment of a Participant; or
(ii) the disclosure is made for compassionate reasons;
(c) the disclosure is not contrary to any wish:
(i) expressed by a Participant before a Participant became unable to give or communicate consent; and
(ii) of which the carer is aware, or of which the carer could reasonably be expected to be aware; and
(d) the disclosure is limited to the extent reasonable and necessary for a purpose mentioned in paragraph (b).

2.4 For the purposes of clause 2.3, a person is responsible for a Participant if the person is in relation to that Participant:

(a) a parent or guardian;
(b) a child or sibling and at least 18 years old;
(c) a spouse or de facto spouse;
(d) a relative, at least 18 years old and a member of the Participant’s household;
(e) exercising an enduring power of attorney granted by the Participant that is exercisable in relation to decisions about the Participant’s health;
(f) a person who has an intimate personal relationship with the Participant; or
(g) a person nominated by the Participant to be contacted in case of emergency.

2.5 In clause 2.4:

child includes an adopted child, a step child and a foster child.
parent includes a step parent, adoptive parent and a foster parent.
relative means a grandparent, grandchild, uncle, aunt, nephew or niece.
sibling includes a half brother, half sister, adoptive brother, adoptive sister, step brother, step sister, foster brother and foster sister.

3. DATA QUALITY
The Club will take reasonable steps to make sure that the personal information it collects, uses or discloses is accurate, complete and up to date.

4. DATA SECURITY
4.1 The Club will take reasonable steps to protect the personal information it holds from misuse and loss and from unauthorised access, modification or disclosure.

4.2 Where the Club enters into a contract with any person and the Club’s personal information about Constituents could be disclosed to or otherwise accessed by the contractor, the Club must include provisions protecting privacy of that information in the contract. The Club’s legal advisor may be consulted for more specific contractual provisions contemplating the disclosure of the Club’s personal information on Constituents to contractors.

4.3 The Club will take reasonable steps to destroy or permanently de identify personal information if it is no longer needed for any purpose for which the information may be used or disclosed under clause 2.

5. OPENNESS
5.1 The Club must set out in a document clearly expressed policies on its management of personal information. The Club must make the document available to anyone who asks for it and will post the document on its website.

5.2 On a Constituent’s request, the Club will take reasonable steps to let that Constituent know, generally, what sort of personal information it holds, for what purposes, and how it collects, holds, uses and discloses that information. Generally, all such requests by Constituents should be directed to the Club’s Chief Executive.

6. ACCESS AND CORRECTION
6.1 The Club will provide a Constituent with access to the personal information it holds on that Constituent on request by that Constituent, except to the extent that the Club is not required to do so under NPP 6: Access and Correction.

6.2 All requests for access to and/or correction of personal information by a Constituent must be immediately directed to the Club’s Chief Executive. In assessing the request for access and/or correction, the Club’s Chief Executive must observe and comply with the procedures in clause 6 of this policy.

6.3 Before supplying any personal information to a Constituent the Club must be reasonably satisfied as to the identity of the Constituent (for example, by asking to see the Constituent’s driver’s licence).

7. IDENTIFIERS
7.1 The Club will not adopt as its own identifier an identifier of a Constituent that has been assigned by a Commonwealth government agency or any person on behalf of a Commonwealth agency.

identifier includes a number assigned by an organisation to uniquely identify a Constituent for the purposes of the organisation’s operations. However, a Constituent’s name is not an identifier.

8. ANONYMITY
Wherever it is lawful and practicable, a Constituent will have the option of not identifying himself or herself when entering transactions with the Club.

9. TRANSBORDER DATA FLOWS
The Club may transfer personal information about a Constituent to someone who is in a foreign country only if:

(a) that Constituent consents to the transfer;
(b) the transfer is necessary for the performance of a contract between that Constituent and the Club, or for the implementation of pre contractual measures taken in response to a Constituent’s request;
(c) the transfer is necessary for the conclusion or performance of a contract concluded in the interest of that Constituent between the Club and a third party;
(d) all of the following apply:
(i) the transfer is for the benefit of a Constituent;
(ii) it is impracticable to obtain the consent of a Constituent to that transfer; and
(iii) if it were practicable to obtain such consent, a Constituent would be likely to give it; or
(e) the Club has taken reasonable steps to ensure that the information that it has transferred will not be held, used or disclosed by the recipient of the information inconsistently with the NPPs (for example, by adopting appropriate contractual clauses).

10. SENSITIVE INFORMATION
10.1 The Club will not collect sensitive information about a Constituent who is not also a Participant.

10.2 The Club will not collect sensitive information about a Participant (except as permitted in NPP 10 of the Privacy Act), unless:

(a) that Participant has consented;
(b) the collection is required by law;
(c) the collection is necessary to prevent or lessen a serious and imminent threat to the life or health of any individual, where that Participant:
(i) is physically or legally incapable of giving consent to the collection; or
(ii) physically cannot communicate consent to the collection;
(d) the collection is necessary for the establishment, exercise or defence of a legal or equitable claim.

11. INQUIRIES PROCEDURE
11.1 All complaints and inquiries concerning personal information of Constituents must be directed to the Club’s Chief Executive. This will ensure that all such matters will be dealt with:

(a) consistently across the Club (rather than having a series of different approaches across the Club); and
(b) in accordance with applicable law, including the Privacy Act.

12. DEFINITIONS AND INTERPRETATION
12.1 In this Policy:

A-League means the national club competition conducted under the auspices of FFA between the A-League clubs to be known as the Hyundai A-League (or as otherwise notified by FFA), including the semi finals, preliminary final and grand final of the A-League and any pre or post season or knockout cup competition conducted or organised by FFA.

Club Official means any personnel involved with the administration, management or organisation of the Club (whether paid or unpaid), including employees, consultants, officers and directors.

HAL Club means any club admitted by FFA to field a team in the A-League from time to time, including the Club.

health informationmeans:

(a) information or an opinion about:
(i) a Constituent’s health or a disability (at any time);
(ii) a Constituent’s expressed wishes about the future provision of health services to a Constituent; or
(iii) a health service provided, or to be provided, to a Constituent,
that is also personal information;
(b) other personal information collected to provide, or in providing, a health service; or
(c) other personal information about a Constituent collected in connection with the donation, or intended donation, by that Constituent of his or her body parts, organs or body substances.

Official Partnersmean the official partners and suppliers of A-League appointed by FFA or a HAL Club from time to time, including the broadcasters, the naming rights sponsors, A-League partners and the beverage, playing kit and match ball suppliers, and the official partners and suppliers of a HAL Club appointed by a HAL Club from time to time.

Personal Information means information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.

Privacy Act means Privacy Act 1988 (Cth), as amended from time to time.

sensitive information means:

(a) information or an opinion about a Constituent’s:
(i) racial or ethnic origin;
(ii) political opinions;
(iii) membership of a political association;
(iv) religious beliefs or affiliations;
(v) philosophical beliefs;
(vi) membership of a professional or trade association;
(vii) membership of a trade union;
(viii) sexual preferences or practices; or
(ix) criminal record,
that is also personal information; or
(b) health information.

Team Official means any personnel involved with the management, preparation or participation of the Club’s Football team (whether paid or unpaid), including the coaches, managers, medical staff (including team or match doctor), physiotherapists, gear persons and other support staff.

12.2 Any terms or definitions used but not defined in this Policy have the meaning given to them in the Privacy Act.

12.3 This Privacy Policy is designed to safeguard privacy and to comply with the law and so may need to be varied or changed by FFA or the Club from time to time.