Effective Date: 22 November 2022

1. SUMMARY         

This Privacy Policy complies with the Australian Privacy Act 1988 (Cth) including the APPs. We respect your privacy and are committed to safeguarding your Personal Information. When you deal with us, we collect Personal Information from you, including your Identifying Information, conversations that you have with us, technical information and other information that you share with us. With your consent, which you provide by accepting this Privacy Policy, we may share certain Personal Information with Approved Third Parties and we may send electronic communications to you from time to time.

If you are an individual located in the European Economic Area (‘EEA’) or the United Kingdom, the GDPR might apply when we collect and process your Personal Information. The legal basis we rely upon for collecting and processing your Personal Information is that it is for the purposes of our legitimate interests (where we consider that our rights are not overridden by yours). In addition to the rights set out below, you may also have the right to object to or restrict processing of your Personal Information, a right to data portability and a right of erasure.

Please read this Privacy Policy in order to understand more fully how and why we collect, use, store and handle your Personal Information when you contact us or do business with us, what information we collect and the choices available to you in relation to your Personal Information.

Please let us know if you would like a physical copy of this Privacy Policy and we will provide one to you.

2.           DEFINITIONS

‘Approved Third Parties’ means Third Party Service Providers, our related companies, any party to whom we are required or authorised by law to disclose your Personal Information and any third party to whom you have authorised us to disclose your Personal Information.

‘Australian Privacy Principles’ or ‘APPs’ means The Australian Privacy Principles set out under the Privacy Act 1988 (Cth).

‘Direct Marketing’ means the use or disclosure of Personal Information to communicate directly with an individual to promote goods or services.

‘GDPR’ means the EU General Data Protection Regulation 2016.

‘Identifying Information’ means information provided by you when you contact us, join Kismet, engage with Kismet Socials or do business with us and may include your name, address, email address and phone number.

‘Kismet’ means the movie club operated by us.

‘Kismet Member’ means a member of Kismet.

‘Kismet Movie’ means a movie that we make available to Kismet Members.

‘Kismet Movies’ means Kismet Movies Pty Ltd as The Trustee for Kismet Unit Trust (ABN 90 421 068 474).

‘Kismet Movie Event’ means a screening of a Kismet Movie which may include drinks and/or food before or after the screening, an introduction to the movie or a discussion/Q&A after the screening and/or a live performance.

‘Kismet Socials’ means Kismet operated pages hosted by Facebook, Instagram, Twitter, Youtube and any other social media platforms.

‘Parties’ means both you and us collectively.

‘Personal Information’ means information or an opinion about an identified individual, or an individual who is reasonably identifiable:

(a)  whether the information or opinion is true or not; and

(b)  whether the information or opinion is recorded in a material form or not,

and includes Identifying Information.  

‘Primary Purposes’ means:

1. the efficient operation and improvement of Kismet Movies;
2. entering into and maintaining a consumer or business relationship with you or your employer;
3. providing you with information and responding to your enquiries;
4. sending electronic communications to you including Direct Marketing;
5. any other purpose specified at paragraph 3.

‘Third Party Service Providers’ means any party who provides us with services from time to time.

‘us’, ‘we’, ‘our’ means Kismet Movies.

‘Website’ means the website hosted at www.kismetmovies.com

‘you’ or ‘your’ refers to the user of the Website or the person disclosing Personal Information to us.

3.           WHAT PERSONAL INFORMATION DO WE COLLECT, HOW DO WE COLLECT IT AND WHY?

We collect, hold, use and disclose Personal Information for the Primary Purposes.

We will only collect such Personal Information which is reasonably necessary for, or directly related to, the Primary Purposes or any other purpose to which you have consented.

If we receive Personal Information other than directly from the person whom it is about or from a third party that has the consent of that person to deal with that Personal Information (including credit reporting bodies), then we will destroy that Personal Information as soon as practicable if lawful and reasonable to do so.

What Personal Information do we collect?

We collect:

• your name, address/postcode, email address and phone number;
• your movie genre interests;
• your date of birth; and
• communications that you have with us.

How do we collect this Personal Information?

We may ask you to provide your name, address, email address and phone number when you:

• join Kismet;
• purchase tickets or redeem a ticket offer to attend a Kismet Movie Event;
• contact us with a query;
• do business with us.

We will collect communications that you have with us:

• if you contact us by email; or
• if you contact us in another way.

Why do we collect, hold, use and disclose this Personal Information?

We collect, hold, use and disclose your name, address, email address and phone number so that we can:

• send tickets to you and reminders about upcoming Kismet Movie Events;
• respond to your queries and comments;
• contact you in relation to our business;
• notify you if you win a competition; and
• send other electronic communications to you (including Direct Marketing).

We collect, hold, use and disclose your movie genre interests so that we can improve Kismet in line with the interests of Kismet members and so that we can send relevant Direct Marketing communications to you.

We collect, hold, use and disclose communications that you have with us so that we can:

• have a record of communications between you and us, allowing us to resolve queries efficiently;
• provide you with a high level of service; and
• satisfy applicable document retention obligations.

4.           COOKIES

The Website uses cookies.

Cookies are small pieces of data that a website asks your browser to store on your computer or device. The purpose of cookies is to improve your browsing experience by being aware of and adapting to your browsing and internet use habits on the site/s on which they are stored, to enhance security and perform analytics. It is possible to reject or disable cookies but the Website may not function properly.

If you have been directed to this Privacy Policy from a website other than the Website, such website may be hosted by a different provider and may use different cookies. Please contact us if you would like more information about the cookies used by the applicable website.

For more information about cookies see:

https://www.learn-about-cookies.com/

For information about how to delete cookies see:

https://www.learn-about-cookies.com/how-to-delete-cookies

5.           DEALING WITH PERSONAL INFORMATION

We may deal with Personal Information for the Primary Purposes and any other purpose to which you have consented. 

We may disclose your Personal Information to Approved Third Parties and such Approved Third Parties may store your data on servers located outside Australia.

6.           DISCLOSURE OF PERSONAL INFORMATION

Whenever we provide your Personal Information to a third party, we will request that the third party handles your Personal Information in compliance with: (i) the APPs if the third party is Australian; or (ii) applicable foreign laws comparable to and no less protective than the APPs if the third party is located overseas. We will only disclose your Personal Information to overseas recipients where the overseas recipient is an Approved Third Party.

7.           TICKETING

Our partner Humanitix provides ticketing services for Kismet Movie Events.

If you purchase tickets or redeem a ticket offer for a Kismet Movie Event, Humanitix will collect Personal Information from you which they will share with us. This is so that we can contact you in relation to the applicable Kismet Movie Event, for example by sending you a reminder and so that we can improve our services by understanding the demographics of the attendees of Kismet Movie Events. Please also refer to Humanitix’s Privacy Policy which you can find here.

8.           ELECTRONIC COMMUNICATIONS              

By providing us with your Personal Information, you consent to receiving electronic communications including Direct Marketing from us.

If you do not wish to receive electronic communications or Direct Marketing from us, you can cancel your Kismet membership at any time by logging into your Kismet account and cancelling your membership. There is also a login link in the footer of any email from us to manage your account. Alternatively, you can contact us as set out in the Contact section below. If you opt out of receiving communications from us you are cancelling your Kismet membership.

9.           STORAGE OF PERSONAL INFORMATION

If you join Kismet, we will store your Personal Information for as long as you remain a member of Kismet.

In the case of an enquiry, we will store your Personal Information until we no longer need it for any Primary Purpose.

If you enter into a business relationship with us, we will store your Personal Information for up to 7 years from the date of the final invoice that we issue to you or your employer.

We reserve the right to retain your Personal Information for a longer period of time if we have a valid reason for doing so such as if there is an ongoing dispute between you and us.

If the GDPR applies to our collection and processing of your Personal Information you may have a right to request erasure of your Personal Information.

10.         INTEGRITY AND SECURITY OF PERSONAL INFORMATION

We will make all reasonable efforts to ensure that the Personal Information that we collect and deal with is accurate, up-to-date and complete.

We take reasonable steps to protect the Personal Information that we hold from theft, misuse, interference, loss, and unauthorised access, modification or disclosure.  However, we cannot guarantee the security of Personal Information. The steps that we take to protect your Personal Information include limiting disclosure on a need to know basis and password protection.

If any Personal Information is stolen, misused, interfered with, lost, or has been accessed, modified or disclosed without authorisation, we will comply with our legal obligations to report and manage the breach. This includes taking all reasonable steps to complete an assessment of the suspected breach within 30 days of becoming aware of the suspected breach, taking appropriate remedial action and, where appropriate, notifying the affected individuals and the Privacy Commissioner.

11.         ACCESSING YOUR PERSONAL INFORMATION

You may request access to your Personal Information by contacting us at the email address provided in the Contact section at paragraph 15 below.

If any of the Personal Information we hold for you is inaccurate, out of date, incomplete, irrelevant, misleading or otherwise incorrect, you may ask us to correct the Personal Information and we will do so as soon as reasonably practicable and within 30 days. 

We will notify Approved Third Parties of any corrections to the Personal Information we hold where it is reasonable to do so.

12.         CHANGES

We reserve the right to change this Privacy Policy by publishing the updated Privacy Policy on our Website and those changes will take effect immediately when they are published. If we make any significant changes to this Privacy Policy we will notify you if you are a Kismet member.

13.         COMPLAINTS

If you have a complaint about how we handle privacy, please contact us.  We take all complaints seriously and will investigate and respond as soon as reasonably practicable, usually within 30 days.

For further information on the APPs and Australian privacy law, see www.oaic.gov.au.  To contact the Office of the Australian Information Commissioner, including to make a complaint about privacy, contact 1300 363 992 or enquiries@oaic.gov.au. We request that you endeavour to resolve any complaint with us directly before contacting the Office of the Australian Information Commissioner.

14.         MISCELLANEOUS

Applicable law: Your use of the Website and membership of Kismet is subject to the laws of New South Wales and each party submits to the non-exclusive jurisdiction of the courts of New South Wales.

No assignment: You must not assign, sub-licence or otherwise deal in any way with your rights under this Privacy Policy without our prior written consent.

Separate agreements: You may have other legal agreements with us. Those other legal agreements are separate from and in addition to this Privacy Policy. This Privacy Policy does not alter, amend, revise or replace the terms of any other legal agreements you may have with us. In the event of any conflict between other agreements and this Privacy Policy, this Privacy Policy prevails.

15.         CONTACT US

You can contact us at:

The Privacy Officer

Kismet Movies

ABN 90 421 068 474

contact@kismetmovies.com

28 Queen St Chippendale, NSW 2008 Australia