Legal Stuff for Grown-ups

Kinderling's Privacy Policy and Website T&C's

PRIVACY POLICY

This Privacy Policy applies to the collection and use of personal information (PI) by or on behalf of Kinderling Kids Radio Pty Ltd (ABN 16 169 018 946) together with its Related Bodies Corporate (referred to in this policy as “Kinderling Kids Radio”, “We” or “us”).

Kinderling Kids Radio operates a commercial DAB+ radio station, website, and other media platforms throughout Australia.

We are committed to the protection of your PI and meeting the standards set out in the Privacy Act 1988 (Cth) (the Act) and the Australian Privacy Principles (APPs).

The date of this Privacy Policy is set out above. We may change this Privacy Policy at our discretion. By continuing to access our websites or platforms, register on any of our websites, otherwise interact with us or provide your PI to us, you accept this Privacy Policy as it applies from time to time.

1. COLLECTION OF INFORMATION

1.1 What kinds of Personal Information we collect and hold

We may collect various types of PI including but not limited to your name, address, email, phone number, age, payment details, gender, interests or other information relevant to promotions and activities that KINDERLING runs and to your engagement with KINDERLING.

1.2 Why we collect Personal Information

Generally we collect your PI to provide you with products and services and to administer our relationship with you. We also collect PI for research and for marketing purposes and to provide you with information about events, products and services (both our own and those of other companies) that may be of interest to you, to improve the services we provide, to run various competitions and to provide you with payment receipts.

1.3 How we collect Personal Information

We primarily collect PI directly from you when you interact with us, for example when:

(a) you submit an entry into a competition or trade promotion;

(b) you participate in listener loyalty programs;

(c) you subscribe to a member database or email newsletter;

(d) you send us an email or make a post on any of our websites (including social media assets and platforms);

(e) you purchase products from us by credit card or otherwise;

(f) you stream our products from a website, or via a mobile App;

(g) you call us; or

(h) you attend an event or activity that we organise, sponsor, or are otherwise affiliated with.

We may also obtain details about you from marketing databases or other sources that are publicly available such as websites, journals, legal directories and phone books. We will only collect information about you from third parties in rare circumstances. If we do collect PI in this manner, we will take reasonable steps to make you aware of who we are, the fact and manner of collection of this information and this Privacy Policy. Where practical, we will ask the third party to tell you that they have provided us with your PI and direct you to a copy of this Privacy Policy.

We may also collect anonymous information through the use of cookies on our website. Cookies are pieces of information that are stored on your computer's hard disk. Most web-browsers are set to accept cookies but you can set your web-browser to refuse cookies. Cookies themselves do not identify users personally but they do allow the tracking of an individual's use of a website. Cookies have become commonplace on many websites. You can configure your web browser to reject or accept cookies. If you reject cookies you may not be able to interact with us online, or you may not be able to use all of the functionality on our website.

1.4 Apps on mobile devices

On some occasions we may transfer or transmit data (including your PI) for the purposes of administering a mobile app of ours that you have installed on your Apple or other brand of mobile device, or a streaming service via a website that we administer. Any PI we collect, transfer or transmit for these purposes will be treated in accordance with this Privacy Policy.

Any questions, comments or complaints regarding our handling of your PI for these purposes us must be directed to us and not to Apple or other brand of mobile device.

1.5 Trade promotions (contests, promotions, competitions, sweepstakes, lotteries, and raffles)

If we conduct trade promotions (which include activities such as contests, promotions, competitions, sweepstakes, lotteries and raffles), we may collect PI for administrative purposes, and possibly to fulfil the prize for the trade promotion. We may also store the PI that you provide to us for the trade promotion on our customer information database for use for promotional, marketing and product development purposes in relation to any of our products or services, including direct marketing via any medium (including SMS and email).

On some occasions we may conduct a trade promotion that has its own specific privacy terms. In this case, notice of those terms will be provided at the time that PI is sought and those terms will apply to the PI collected as part of that trade promotion.

If we conduct a trade promotion on a social media platform (such as Facebook) we generally do not require you to share PI with us (although you may choose to do so).

We acknowledge that where we conduct a trade promotion on a social media platform:

(a) The trade promotion is not administered by the social media platform unless we expressly state that it is.

(b) Any PI provided by the User in connection with the trade promotion or activity, is provided to us and not to the social media platform.

(c) Any questions, comments or complaints regarding the trade promotion, or collection of PI in connection with the trade promotion, must be directed to us, not to the social media platform.

2. USE AND DISCLOSURE

2.1 Use

By submitting your PI to us you consent to us using your PI in the following ways and for the following purposes:

(a) to provide you with our products or services;

(b) to administer our relationship with you;

(c) to administer online and App based services and products;

(d) to facilitate the administration of, and your participation in, a trade promotion or other activity;

(e) to facilitate the administration of, and your participation in, a listener loyalty program;

(f) to facilitate the administration of, and your participation in, a member database;

(g) to facilitate the administration of, and your participation in, an online subscription newsletter;

(h) to monitor your activity on our websites or App products and services;

(i) to monitor your purchase history and or relationship with you;

(j) to compile listener databases and profiles to enable us to market goods and services more accurately;

(k) for internal administrative purposes, such as procedural assessments, risk management, staff training, accounting, billing, product and service reviews;

(l) to identify and inform you about other products or services that may be of interest to you;

(m) to market, improve and add to our products and services including our websites and our radio broadcasts;

(n) where there is a serious threat to an individual’s life or to public health or safety;

(o) where there is reason to suspect unlawful activity has been engaged in;

(p) where required or authorised by law; or

(q) where required by an enforcement body.

If you do not wish to receive marketing or other communications from us, please contact us on the details below so that we can update your preferences.

If you provide us with your mobile telephone number, email address, IM address or other such personal information, you authorise us to send you promotional messages related to our products and services and the products and services that we promote. Such messages will be accompanied by a functional unsubscribe facility.

2.2 Disclosure

We may disclose PI across the Kinderling Kids Radio group of companies and our related bodies corporate in accordance with this Privacy Policy. We may also provide PI to third parties:

(a) engaged by us to provide functions on our behalf such as storing and managing databases, processing credit card information, mailouts, debt collection, marketing research and advertising;

(b) authorised by you to receive PI held by us;

(c) where that disclosure is reasonably required to obtain advice, prepare or conduct legal proceedings, investigate suspected improper conduct or wrongdoing or assist a lawful authority in the discharge of its duties; and

(d) where permitted or required by law.

Where we hold trade promotions in conjunction with other companies, we will offer you the opportunity to be contacted by our promotions partner(s) or sponsor(s). We will not provide your PI to the promotions partner(s) unless you have expressly consented (“opted in”).

To protect your privacy, wherever practical we impose contractual requirements of security and confidentiality on third parties as to how they handle any PI that we disclose to them. However, except to the extent that liability cannot be excluded due to the operation of statute, we exclude all liability (including in negligence) for the consequences of any misuse or unauthorised disclosure of your PI by these third parties.

3. GOOGLE ANALYTICS

We have implemented a feature of Google Analytics referred to as Demographics and Interest Reporting on our websites.

The Google Analytics Demographics and Interest Reporting feature allows us to collect data relating to the demographics (age and gender) and interests of visitors to our websites. We collect such data to analyse how visitors engage with our websites. We do not collect or store personally identifiable information about visitors via this feature.

The data collected via the Google Analytics Demographics and Interest Reporting feature is stored on Google’s servers and is accessible by Google. By using this website, you consent to the processing of the data by Google as set out in Google's Privacy Policy.

You can opt out of this feature by visiting the following link:https://tools.google.com/dlpage/gaoptout/

You may opt out of Google’s use of cookies by visiting the Ads Preferences Manager. Also, you can opt out of other third-party vendor’s use of cookies by visiting the Network Advertising Initiative opt-out page (http://www.networkadvertising.org/managing/opt_out.asp).

4. DATA QUALITY

We take reasonable steps to ensure that the PI we collect, use or disclose is accurate, complete, relevant and up-to-date. If the PI that we hold about you is incorrect or changes, please contact us on the details below so that we can update our records.

5. DATA SECURITY

Your PI is stored in a number of secure computer storage facilities and paper based files, and in other records. We may also engage third party service providers to assist in storing and processing certain types of personal information for us.

We have taken reasonable precautions to ensure that your PI is protected from misuse, interference and loss and from unauthorised access, modification or disclosure.

However, except to the extent that liability cannot be excluded due to the operation of statute, we exclude all liability (including in negligence) for the consequences of any unauthorised access to your PI. Please notify us immediately if you become aware of any breach of security.

6. OPENNESS

If you have any questions in relation to our handling of your PI, or the kind of PI we hold about you, please contact us on the details below and we will endeavour to assist you with your request.

7. ACCESS AND CORRECTION

You have rights under the Act to access and correct the PI that we hold about you. If you wish to access, correct or update any personal information we may hold about you, please contact us as set out below.

The APPs set out some circumstances in which we are not required to provide you with such access. If you ask for your PI and any of these circumstances apply, we may, if reasonable, give you access to the PI in a way that meets our needs and yours (for example by giving you access through a mutually agreed intermediary).

We may charge a fee for giving access to PI, in which case we will inform you of the fee (which will not be excessive) in advance of providing the information.

8. ANONYMITY

Where practical, you may deal with us on an anonymous basis or by using a pseudonym. In some instances, because of the services we provide, if you do not provide us with your PI we may not be able to provide you with the requested product or service (for example, if we require your details in connection with a competition we are running, we cannot provide you with a prize should you be a prize winner and we cannot contact you).

9. OVERSEAS TRANSFERS OF INFORMATION

We do not generally disclose PI to overseas recipients in the ordinary course of our business. Where we disclose PI to recipients located outside of Australia we will do so in accordance with the requirements of the Act and in accordance with the terms of this policy.

10. SENSITIVE INFORMATION

Sensitive information includes information about your race or ethnic origins, political opinions, religious or philosophical beliefs, trade union membership, or details of health, disability or sexual activity or orientation. We generally do not ask for sensitive information, but may do so where it is reasonably necessary for our functions and activities and it is permitted by law. Generally we will only collect sensitive information where:

(a) you have consented to providing sensitive information (if you voluntarily submit such information to us you will be deemed to consent to us collecting that information); or

(b) the collection of the sensitive information is specifically authorised or required by law.

11. COMPLAINTS

If you have a complaint in relation to the collection and handling of your personal information, or if you believe that we have not complied with this Privacy Policy or the Act, please contact our Privacy Officer via the details provided below. We will review all complaints received and the Privacy Officer will respond to the complainant. We will take any privacy complaint seriously, and we aim to resolve all complaints in a timely and efficient manner. We request that you cooperate with us during this process and provide us with relevant information we may require.

We expect our procedures will deal fairly and promptly with your complaint. However, if you remain dissatisfied, you can also make a formal complaint to the Office of the Australian Information Commissioner (which is the regulator responsible for privacy in Australia).

12. CONTACT US

For all privacy inquiries and complaints, please contact Kinderling Kids Radio's Privacy Officer by mail at Unit 8, 43 Bridge Road Stanmore NSW 2048, email hello@Kinderling.com.au or phone on 02 8599 3970.

 


KINDERLING WEBSITE TERMS AND CONDITIONS

In these terms and conditions, "we", "us", "our" and “KINDERLING ” means Kinderling Kids Radio Pty Limited ABN 16 169 018 946 and its related Bodies Corporate, and any successors or assigns.

In consideration of you accessing and using our social media pages, web pages and website (Website), mobile sites (mSites) and mobile applications (mApps) and all related content (Content) (collectively “Digital Assets”) you acknowledge that you have read and understood these terms and conditions and agree to be bound by them.

1. Access

Access and use of our Digital Assets is only available to people aged 18 years or older or with parent or legal guardian approval.

2. Changes

We reserve the right, in our sole discretion, to change, modify, add, or delete portions of these Terms and Conditions at any time by updating this posting. Your continued use of our Digital Assets after any such changes are posted constitutes your acceptance of the revised terms and conditions. You are responsible for keeping yourself updated on any changes.

3. Services and fees

The Digital Assets provide (among other things) an entertainment service by which you can interact with us online by (among other things) viewing, listening to and/or posting Content. We may provide different levels of interaction from time to time at our discretion.

We reserve the right at any time to charge or amend any fees payable by you and to vary or amend the terms and conditions which cover such fees for access or use of our Digital Assets.

4. Licence to Use the Digital Assets

We grant you a limited, non-exclusive, non-transferable licence to access and use the Digital Assets solely for your personal, non-commercial purposes.

Unless explicitly stated in these terms and conditions, nothing in the Digital Assets is to be construed as conferring any licence to intellectual property rights, whether by estoppel, implication or otherwise.

The text, images, designs, graphics, pictures, applications, software, music, sound files, animation files, video files and their arrangement on the Digital Assets (Objects) are all subject to copyright and other intellectual property protection laws in Australia and other countries, including but not limited to the Copyright Act 1968 (Cth) (“Copyright Act”) and through international treaties. Apart from any use that is permitted under the Copyright Act we reserve all of our rights. The Objects may not be copied, reproduced, adapted, transmitted or distributed, nor may they be modified or reposted to other sites in any manner. Some content is subject to the intellectual property rights of third party providers.

You agree that you will not commercialise any aspect of the Digital Assets or use our trademarks or logos, unless prior written consent is obtained from us.

Subject to any applicable law, we may revoke the permissions referred to in paragraphs (a) and (c) at any time and may suspend or deny you access to all or any part of the Digital Assets without notice.

5. Registration

You may be required to register with us in order to access or use the Digital Assets. You may also be required to register with us when you Post User Content (having the definition set out in paragraph 6 below). Where you are required to register:

a) you must safeguard any user name and password which we provide to you;

b) where your user name and/or password is specific to you, you must not allow anyone else to use your username and/or password;

c) you agree to immediately notify us of any unauthorised use of your user name and/or password or any breach of security of which you become aware;

d) you may cancel your registration at any time at any time by notifying us;

e) we reserve the right to discontinue or cancel your registration if you do not use the Digital Assets for an extended period of time, if you breach any of these terms and conditions or any applicable law or if we conclude that your conduct impacts on our name or reputation or violates our rights or those of another party.

6. User Content

The Digital Assets may contain material uploaded, posted, emailed or otherwise electronically transmitted (Posted) by users of the Digital Assets including you (User Content). Any User Content you Post may, at our sole discretion, form part of the Content available on the Digital Assets.

When you Post User Content on our Digital Assets you grant us an irrevocable, perpetual, non-exclusive, worldwide, royalty free licence to, and to authorise and sublicense other persons to:

a) access and examine that User Content;

b) use, reproduce, modify, adapt, create derivative works from, incorporate in other works, publicly perform, publicly communicate and commercially exploit that User Content, including but not limited to, on and in connection with any current or future services which include (without limitation) any communication platforms in any media;

c) move, remove or disable access to User Content which we consider to breach any law or to be otherwise unacceptable;

d) use your name and likeness (and the names and likenesses of any other persons or entities who own or are associated with the User Content you Post), for any advertising and promotional purposes in connection with the User Content.

You unconditionally and irrevocably consent to all or any acts or omission by us or any person authorised by us in relation to the User Content which may infringe any moral rights you hold, including but not limited to your right:

a) to be identified as the author of any User Content;

b) not to have your authorship falsely attributed; and

c) to integrity of authorship, in particular, the right not to have your User Content subjected to derogatory treatment. To the extent such consent is ineffective in any jurisdiction, you unconditionally and irrevocably waive all moral rights you hold in the User Content in favour of us.

You acknowledge that we may remove any User Content Posted by you and that we have no responsibility or liability for the deletion or failure to store any communications or content Posted on the Digital Assets.

You are solely responsible for any User Content Posted by you and for obtaining any necessary licences, consents, clearances, permissions and releases from third parties so that you are able to grant us the rights to the User Content you Post as set out in these terms and conditions. In the case of audio/visual recordings, you understand that licences, consents, clearances and permissions may be required in respect of separate copyrights in the audio/visual recording and the underlying works (such as the musical, literary or dramatic work subsisting in the audio/visual recording) and, among other things, moral rights and performers’ consents.

In using the Digital Assets, you must not:

a) violate any applicable laws;

b) impersonate any person;

c) Post any User Content or use the Service to communicate any material that:

I. infringes the intellectual property rights or any other rights of any third party;

II. is, or could reasonably be expected to be, unlawful, harmful, threatening, abusive, untrue, inaccurate, misleading, invasive of another's privacy, confidential, harassing, defamatory, slanderous, vulgar, obscene, hateful, racist, embarrassing or otherwise objectionable to any other person or entity;

III. contains any unsanctioned advertising, promotional materials, or any other forms of unsanctioned solicitation, including without limitation junk mail, spam, chain letters, or any unsolicited mass distribution of email;

IV. contains a survey, contest, or pyramid scheme; or

V. contains an improper question;

d) stalk, harass or otherwise harm others;

e) distribute viruses, corrupted files, or any other similar software or programs that may damage the operation of any computer hardware or software;

f) collect or store personal data about other users of the Digital Assets; or

g) engage in any other conduct that inhibits any other person from using or enjoying the Digital Assets.

7. Your representations and warranties

You represent and warrant that:

a) your use of the Digital Assets complies in all respects with these terms and conditions; and

b) you will not use the Digital Assets in any manner that is unlawful, infringes the rights of any party or breaches these terms and conditions.

8. Indemnity

You agree to defend, indemnify and hold harmless us, our officers, directors, employees, agents, subcontractors, licensors, and suppliers, from and against all claims, actions, demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, arising in connection with your use of the Digital Assets (including, without limitation, your Posting of any User Content), a breach of any of your representations and warranties or your breach of any of these terms and conditions.

9. Use is at your Own Risk

You use the Digital Assets entirely at your own risk. You must evaluate and bear all risks associated with the use of any Content, including reliance on the accuracy, completeness or usefulness of any Content. In particular:

a) we endeavour to provide convenient and functional Digital Assets, but we do not guarantee that that your requirements will be met or that your access and use will be uninterrupted and error free or that the Digital Assets or the server that operates them are free of viruses or other harmful components; and

b) while we may attempt to keep information on the Digital Assets current and accurate, we do not make any warranties or representations about the currency and accuracy of any such information.

You must take your own precautions to ensure that your access to the Digital Assets does not expose you to the risk of viruses, malicious computer codes or other forms of interference which may damage your computer system or data. If your use of the Digital Assets results in the need for servicing or replacing property, material, equipment or data, we will not be responsible for such costs under any circumstances.

Without limiting the above provisions, you have rights under the Australian Consumer Law and other similar legislation which cannot be excluded, restricted or modified by us. These rights include a statutory guarantee that any services provided by us will be rendered with due care and skill and that any goods will be of acceptable quality. These terms and conditions do not exclude, restrict or modify those statutory rights in any way. However, to the extent that it is permitted by law to do so, we make no representations or warranties, express or implied, other than the Australian Consumer Law, regarding the quality or suitability of the Digital Assets under these terms and conditions and will not be responsible for breach of any such implied terms.

You must ensure that your access to the Digital Assets (and any linked websites or online material or data) is not illegal or prohibited by laws which apply to you.

10. Limitation of Liability

To the maximum extent permitted by law:

a) we have no liability to you, whether under contract for breach of these terms, in negligence, in any other tort, in equity or for any other common law or statutory cause of action arising in relation to these terms, the Digital Assets or any linked websites or online material or data.

b) we will not be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from your access to, or use of, or inability to use Digital Assets whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not we know of the possibility of such damage; and

c) our liability for breach of any implied warranty or condition which cannot be excluded is limited at our option to the following:

A. in the case of goods:

i. the replacement of the goods or the supply of equivalent goods;

ii. the repair of such goods;

iii. the payment of the cost of replacing the goods or acquiring equivalent goods; or

iv. the payment of the cost of having the goods repaired; and

B. in the case of services:

i. the supply of the services again; or

ii. the payment of the cost of having the services supplied again.

Subject to our obligations under any implied conditions and warranties referred to in paragraph (a)(iii), our maximum aggregate liability for all claims under or relating to these terms and conditions or their subject matter, whether in contract, tort (including without limitation negligence), in equity, under statute, under an indemnity or on any other basis, is limited to A$100. In calculating our aggregate liability under this clause, the parties must include any amounts paid or the value of any goods or services replaced, repaired or supplied by us for a breach of the implied conditions and warranties referred to under clause 10.1.

11. Variation of the Digital Assets

You acknowledge that we may vary, modify or discontinue, temporarily or permanently, any or all of the Digital Assets and you agree that we are not liable to you or any third party for such variation, modification or discontinuance.

12. Links and advertisements

The Digital Assets may contain links to other sites that are owned by third parties. These links are provided solely for your convenience and do not indicate either express or implied endorsement by us of the products or services that are provided by that site. When accessing third party sites and using their products and services you agree and undertake to do so at your own risk.

For the avoidance of any doubt, we hereby acknowledge that:

(a) the Digital Asset is in no way sponsored, endorsed or administered by, or associated with Apple, Facebook, Google and/or Twitter; and

(b) any information provided by a user in connection with the Digital Asset is provided to KINDERLING  and not to Apple, Facebook, Google and/or Twitter; and

(c) any questions, comments or complaints regarding the Digital Asset must be directed to KINDERLING , not to Apple, Facebook, Google and/or Twitter.

13. General

If any part of these terms and conditions is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.

Any disclaimers or limitations of liability in these terms and conditions do not purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

We may assign any of our rights under these terms and conditions without prior notice to you.

These terms and conditions are governed by the laws of Victoria, Australia, and you irrevocably submit to the exclusive jurisdiction of the courts of Victoria, Australia.

These terms and conditions and our privacy policy constitute the entire agreement between us and you in relation to the Digital Assets and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between us and you in relation to the Digital Assets.

Your use of the Digital Assets is conducted electronically and you agree that we may communicate with you electronically for all aspects of your use of the Digital Assets, including sending you electronic notices.

The operation of these terms and conditions will survive cancellation of your registration or termination of your ability to access the Digital Assets.

14. Privacy

We are committed to the protection of your personal information and meeting the standards set out in the Privacy Act 1988 (Cth) (the Act) and the Australian Privacy Principles (APPs). If you have a complaint in relation to the collection and handling of your personal information, or if you believe that we have not complied with this Privacy Policy or the Act, please contact our Privacy Officer via the details provided below. We will review all complaints received and the Privacy Officer will respond to the complainant. We will take any privacy complaint seriously, and we aim to resolve all complaints in a timely and efficient manner. We request that you cooperate with us during this process and provide us with relevant information we may require.

We expect our procedures will deal fairly and promptly with your complaint. However, if you remain dissatisfied, you can also make a formal complaint to the Office of the Australian Information Commissioner (which is the regulator responsible for privacy in Australia).

For all privacy inquiries and complaints, please contact Kinderling Kids Radio's Privacy Officer by mail at Unit 8, 43 Bridge Road, Stanmore NSW 2041 or phone on (02) 8599-3971.