Football West Limited (FW) recognises that privacy is important and that an individual has the right to control his or her Personal Information. FW is committed to protecting the privacy of individuals on whom it collects Personal Information.
(a) football participants, including Players, Officials and Agents (Participants);
(b) persons who register for any FW sanctioned accreditation or licensing program;
(c) persons who purchase tickets to Matches, including National Championship, National League and National Team Matches;
(d) persons who register to any football membership program, participation program, newsletter or promotional offer;
(collectively referred to as Constituents).
This policy relates to Personal Information on Constituents.
1.1) FW will not collect personal information from a Constituent unless the information is necessary for one or more of FW's functions or activities.
1.2) FW collects personal information about a Constituent for the following primary purposes:
(a) compliance with FW Statutes, including the administration and development of football (if the Constituent is a Participant);
(b) organisation, conduct and promotion of Competitions and Matches;
(c) direct communication by Football Administrators to a Constituent; and
(d) disclosure to Football Partners (unless a Constituent has indicated that he or she does not want to receive any communication from Football Partners).
1.3) Where it is reasonable and practicable to do so, FW must collect personal information about Constituents only from the Constituent. If that Constituent is a Minor, FW may collect personal information from that Minor's parent or legal guardian.
1.4) FW must collect personal information from a Constituent only through relevant forms approved by FW from time to time.
1.5) If FW collects personal information about a Constituent from someone other than the Constituent (or the Constituent's parent or legal guardian), FW must take reasonable steps to ensure the Constituent is made aware of the matters listed in clause 1.6, 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.
1.6) Before or at the time of collection of personal information (or if that is not practicable, as soon as practicable after), FW must take reasonable steps to ensure that the individual is aware of:
(a) the identity of FW and how to contact it;
(b) the fact that the Constituent can gain access to the information held on him or her;
(c) the purposes for which the information is collected;
(d) the organisations (or types of organisations) to which FW 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, FW keeps a register of standard forms containing the required notice for the particular purpose for which the information is collected. Where directed by FW, Member Federations, Competition Administrators and Clubs must use these forms.
2. USE AND DISCLOSURE
2.1) FW will not use or disclose personal information about a Constituent for a purpose other than the primary purpose of collection (the secondary purpose) 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 FW to use or disclose the information for the secondary purpose;
(c) FW 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) FW 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) FW reasonably believes that the use or disclosure is reasonably necessary for one or more of the purposes specified in NPP 2.1(h) by or on behalf of a law enforcement body. If FW uses or discloses personal information on this basis, it must make a written note of the use or disclosure.
2.2) FW may use the personal information of Constituents for the secondary purpose of direct communication by a football administrator with which the Constituent has an indirect relationship, if FW has the consent of the Constituent for such use. In other cases, if the information is not sensitive information, FW may use the information for the secondary purpose of direct communication only if the following are satisfied:
(a) it is impracticable to seek the Constituent's consent before that use;
(b) FW will not charge the Constituent for giving effect to a request by that Constituent not to receive direct communications;
(c) the Constituent has not made a request to FW not to receive direct communication;
(d) FW always prominently displays a notice that the Constituent may express a wish not to receive any further direct communication; and
(e) each written direct communication by FW with the Constituent sets out FW's contact details including business address, telephone and fax numbers, and email address.
2.3) FW 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. FW requires these organisations to keep contact details confidential and only use them for the designated purpose.
2.4) Despite clause 2.1, FW 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 FW 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).
2.5) For the purposes of clause 2.4, 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.
2.6) In clause 2.5:
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
FW will take reasonable steps to make sure that the personal information it collects, stores, uses or discloses is accurate, complete and up to date.
4. DATA SECURITY
4.1) FW 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 FW enters into a contract with any person and FW's personal information about Constituents could be disclosed to or otherwise accessed by that contractor, FW must include provisions protecting privacy of that information in the contract. FW Chief Executive Officer (CEO) must be consulted for more specific contractual provisions contemplating the disclosure of FW's personal information on Constituents to contractors.
4.3) FW 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.
5.1) On a Constituent's request, FW 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 FW CEO.
6. ACCESS AND CORRECTION
6.1) FW 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 FW 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 FW CEO. In assessing the request for access and/or correction, the FW CEO must observe and comply with the procedures in clause 6 of this policy.
6.3) Before supplying any personal information to a Constituent FW must be reasonably satisfied as to the identity of the Constituent (for example, by asking to see the Constituent's passport or driver's license).
7.1) FW 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.
Wherever it is lawful and practicable, a Constituent (other than a Participant for registration purposes) will have the option of not identifying himself or herself when entering transactions with FW.
9. TRANSBORDER DATA FLOWS
9.1) FW 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 FW, 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 FW 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) FW 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).
9.2) Clause 9.1 does not apply to the transfer of personal information in accordance with FW Statutes, including facilitating the registration of a Player by an international football association.
10. SENSITIVE INFORMATION
10.1) FW will not collect sensitive information about a Constituent who is not also a Participant.
10.2) FW will not collect sensitive information about a Participant (except as permitted in NPP 10 of the Privacy Act), unless:
(a) specifically permitted to do so under FW Statutes, including for health, medical and anti-doping testing purposes and investigation of Grievances;
(b) that Participant has consented;
(c) the collection is required by law;
(d) 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; or
(e) 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 a Constituent must be directed to the FW CEO or to firstname.lastname@example.org. This will ensure that all such matters will be dealt with:
(a) consistently across FW (rather than having a series of different approaches across FW); and
(b) in accordance with applicable law, including the Privacy Act.
12. DEFINITIONS AND INTERPRETATION
12.1) In this Policy:
Agent means a Player Agent and a Match Agent.
Club means any club registered with FW in accordance with the National Registration Regulations from time to time. A reference to Club includes a club admitted by:
(a) a Competition Administrator to field a team in a Competition; or
(b) FW to field a team in a National League or a National Championships.
Club Official means any person involved with the administration, management or organisation of a Club (whether paid or unpaid), including employees, contractors, consultants, officers and directors and representatives.
Competition means any competition, tournament or league registered with FW in accordance with the National Registration Regulations, including the pre-season, season proper, finals series and any post season tournament or knockout cup competition.
Competition Administrator means the entity responsible for the conduct and staging of a Competition.
FW Statutes means FW's statutes as promulgated by FW from time to time, including its constitution and by-laws and rules and regulations and policies and procedures.
Football Administrators mean FW, another Member Federation, a Competition Administrator or a Club (as the case requires) with which the Constituent has a direct relationship, including registration as a Participation.
Football Partners mean the any entity that has a partnership agreement with the FW, Member Federation, Competition Administrator or Club (as the case requires) with which the Constituent has a direct relationship, including participation in a Competition.
health information means:
(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.
Match means any match staged, participated in, sanctioned by or played under the auspices of FW, a Member Federation or a Competition Administrator.
Match Agent means a person licensed to act as a match agent by FIFA or FFA from time to time. A current list of FFA licensed match agents is available on FFA's website, www.footballaustralia.com.au, or on request.
Match Official means a referee, assistant referee, fourth official, match commissioner, referee inspector, selector, any person in charge of safety or any other person appointed by FW, a Member Federation or a Competition Administrator to assume responsibility in connection with a Match.
Member Federation means a State, Territory or regional federation or association that is a member of FFA from time to time.
National Championships means any male and female national championships staged or sanctioned by FFA or FW from time to time, including the national youth championships.
National League means any men's and women's national club competitions conducted under the auspices of FFA from time to time, including the A-League.
National Team means any national squad selected or nominated by FFA, including the men's and women's senior, under age, Olympics and futsal teams or any other national representative team determined by FFA from time to time.
(a) a Club Official, Match Official or Team Official;
(b) an employee, consultant, officer or director of FW, a Member Federation or a Competition Administrator; or
(c) a member of a council, committee, panel or body constituted by FW, a Member Federation or a Competition Administrator.
Personal Information means information or an opinion (including 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.
Player means any person who is, from time to time, registered to a Club or is selected as a member of a National Team, whether that person is male or female, junior or senior or an amateur or professional.
Player Agent means a:
(a) person licensed to act as a player agent by a national football association recognised by FIFA. A current list of FFA licensed player agents is available on FFA's website, www.footballaustralia.com.au, or on request;
(b) parent, sibling or spouse of the Player; or
(c) person legally authorised to practise as a lawyer in compliance with the rules in force in Australia.
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 a Club's team (whether paid or unpaid), including the coaches, managers, medical staff (including team or match day 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 FW Statutes or the Privacy Act 1988 (Cth).
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