Privacy Policy of the Commercial Club (Albury) Ltd and its related entities

Issue Date: [12 May 2023]

Who does this policy apply to and what does it cover?

This policy sets out how Commercial Club (Albury) Ltd (ACN 000 941 908) and its related entities (“Club”, “we”, “us” or “our”) collect, use, disclose and hold “personal information”.

“Personal information” means information or an opinion about an individual (who can reasonably be identified), whether the information or opinion is true or not, and whether the information or opinion is recorded in a material form or not.

Please note that the Club and its related entities operate several clubs and businesses under a number of different trading names and brands, including the Commercial Club Albury, Albury Commercial Golf Club, Albury Commercial Golf Motel and the Albury Brewhouse. Those operations are also covered by this policy, as explained in the FAQ section below.

What is our privacy commitment to you?

We are committed to complying with our obligations under the Privacy Act 1988 (Cth) (Privacy Act) by protecting the privacy and confidentiality of your personal information.

What kinds of personal information does the Club collect and hold?

We may collect and hold a wide range of personal information, and in some cases sensitive information, including:

• your personal details, including your full name, residential address, email address, other contact details, date of birth and occupation;
• your signature;
• information related to your entry to the Club’s premises;
• a photo of you for your membership card;
• an image of your driver’s licence or other identification if you choose to scan your ID when entering the Club, including any information obtained from that identification (you have the option not to have your ID scanned);
• details of your membership of the Club, including any positions held by you at the Club or any complaints made by you or against you in connection with the Club;
• information about what goods or services you buy or receive from the Club;
• details of your activities at or in connection with the Club, including your participation in social, sporting or other organised activities;
• health information, including any medical conditions that you may disclose to us to enable us to provide goods or services or access to our facilities to you, in particular in connection with our sporting groups and our gym and Fitness Centre;
• the name and contact details of your next of kin;
• information connected to your use of our gaming machines (including your player activity statements and any prizes you receive);
• information about you related to a liquor or gaming self-exclusion or banning order about you from yourself, other clubs, BetSafe, TAB, ClubsNSW, a Liquor Accord or Liquor & Gaming NSW;
• things you say or do (or things said about you) in connection with an incident or potential disciplinary proceedings at or in connection with the Club;
• information about your use of our websites and social media pages, including your ISP, and any information collected by cookies as a result of your use of our websites and social media pages;
• your location if you install and use the Commercial Club App;
• information related to your use of our Wi-Fi from any of your personal devices;
• images or video of you at the Club’s premises or our other venues; and
• if you apply for a job with us, the information in your resume, information about your qualifications, information about your immigration status and other information that you or your referees provide to us and notes of our interactions with you and/or others in relation to your prospective employment.

From time to time, we may collect additional information about you related to surveys, promotions and particular services or activities at or in connection with the Club.

Wherever practicable, we will advise you of the information being collected about you and provide you with an opportunity to refuse the collection of that information.

How do we collect your personal information?

Your personal information is collected as a result of your visits to, or dealings with, the Club. Information is collected by recording information that you provide to us, by electronic means, and by the observations of our staff. We collect personal information when you:

• to identify you;
• to provide you with the product or service that you have requested and any benefits you may subsequently become entitled to in relation to that product or service;
• to manage and administer a product or service to you on an ongoing basis;
• to protect your use of the product or service, and our ability to provide that product or service;
• if you are an agent who is entering into an arrangement to provide products and services on our behalf, to obtain a credit report from a credit reporting agency to assess an application for commercial credit;
• to obtain a credit report or other information from a credit reporting agency or financial services provider to assess an application for any form of credit or payment facility which may be extended or offered to you; and
• to comply with any obligations that we may have under laws that apply to our business, such as preparing player activity statements and monitoring the responsible provision of gambling services in the club, including the exclusion of patrons from the club.

In general, if you contact us, we may keep a record of that correspondence.

We may also use the information we collect about you, including your use of our products and services, to keep you informed about our products and services where they are relevant to your continued use of those products and services or your preferences.

Will I be notified that my personal information is being collected?

When we collect information from you, we will take reasonable steps to notify you (or otherwise ensure that you are aware) of the following:

• our identity and contact details;
• the facts and circumstances of the collection;
• details of any laws that require or authorise the collection;
• the purposes of collection;
• the consequences if we do not collect the information;
• that this policy contains information about how you can access or correct your information or make a complaint about the Club; and
• whether we are likely to disclose the information overseas (and, if so, to which countries).

One way we notify you of the above is by making you aware of this policy.

If you give us personal information about others, we expect that you will tell them about this policy.

Is the Club required by law to collect personal information?

As a registered club, we have a legal responsibility to collect certain information about our members and guests pursuant to legislation, including the Registered Clubs Act 1976 (NSW) (Registered Clubs Act), Corporations Act 2001 (Cth) (Corporations Act), Gaming Machines Act 2001 (NSW), Liquor Act 2007 (NSW), Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) and Work Health and Safety Act 2011 (NSW).

For example, when a person applies for membership of the Club, we must collect details including their name and address. We must display a person’s name on the Club’s notice board before our Board is able to consider the application for membership. We also may need to provide this information to any member of the general public who makes a request under certain legislation, including the Corporations Act.

Temporary members, guests of members and other visitors to the Club may be required to produce a recognised form of identification (such as a driver’s licence or passport) to gain entry into the licenced premises.

If you elect to use our electronic ID scanners, we will collect information from your ID at the time you enter the Club. More information about our electronic ID scanners appears in our Frequently Asked Questions section below.

For what purposes does the Club collect, hold, use and disclose your personal information?

We collect, hold, use and disclose your personal information to operate the Club and its various businesses, carry out certain activities, provide products and services to you, other members and guests and other members of the public, and comply with our legal obligations. The purpose of collecting your personal information is to undertake one or more of the following activities or functions:

• consider applications and renewals of membership with the Club and our related entities including the Commercial Club Gym & Fitness Centre;
• identify who comes to the Club and verify their details, including age and address;
• identify individuals who have been suspended, banned or self-excluded from the Club’s premises;
• create registers and display information as required by the Registered Clubs Act;
• provide a safe environment for you, other members, guests and our staff;
• provide services to you, other members and guests;
• assess your suitability to participate in certain activities and services provided by the Club
• carry out accounting, financial and administrative activities and functions and comply with our legal and administrative reporting requirements;
• provide Wi-Fi at the Club;
• provide an events management service;
• operate functions at our venues;
• make reservations for and provide accommodation services to you;
• carry out competitions and promotions;
• perform gaming operations;
• publish and distribute newsletters;
• carry out marketing (including direct marketing);
• offer and manage sponsorships including by supporting community sports and social events;
• provide ticketing services;
• offer dining options and other entertainment, including shows;
• operate the Club’s sub-clubs, including publishing contact details of committee members;
• conduct elections of the Board;
• investigate an incident or conduct disciplinary proceedings at or in connection with the Club;
• resolve a complaint;
• assess an applicant’s suitability for employment; and
• improve our services and increase membership of the Club.

What happens if you don’t provide your personal information?

If you don’t give the Club your personal information, you may not be able to become a member of the Club, use the Club’s services or facilities, or access the Club’s premises and other venues.

If you provide us with some but not all of the information sought, then, depending on the information withheld, we may be able to provide you with certain goods and services but only to a limited extent. For example, if you disable cookies on our websites, certain features and functions on our websites may not work.

You have the option of not identifying yourself, or of using a pseudonym, when dealing with us. However, this will be limited to enquiries of a very general nature and only over the telephone or by email.

In most circumstances, you will be unable to deal with the Club anonymously or with a pseudonym because of our obligations under the Registered Clubs Act.

How do we use your personal information?

We use your personal information primarily to allow us to carry out the activities and functions listed above. We also use your personal information for secondary purposes related to those activities and functions, or when permitted under the Privacy Act.

If you have self-excluded yourself from the Club’s premises and nominated other clubs or licensed premises from which you also want to be excluded, we may disclose your personal information to the exclusion program operator (if any) and/or to the clubs and licensed premises that you have nominated directly to the extent necessary to assist those clubs and licensed premises to comply with your self-exclusion.

To the extent that the Club collects health information from you, the Club will treat that information as confidential and only ever handle your health information in accordance with the Club’s policies, the Privacy Act and the Health Records and Information Privacy Act 2002 (NSW).

The Club may also use the personal information we collect from you for direct marketing of products and services to you, including from third parties. Such products and services may include the provision of newsletters, competitions, announcements, campaigns or information about shows and entertainment at the Club or services offered by the Club.

You can refuse any direct marketing by opting out of direct marketing material on your membership application form, by updating your preferences on your account, by selecting unsubscribe on any marketing emails from the Club to you or by otherwise contacting our Privacy Officer.

Does the Club disclose my personal information to others?

There may be times when we may need to disclose your personal information to third parties that we engage to provide services to or in connection with the Club, including our related entities, our insurers, ClubsNSW, our sponsors, our legal or financial advisers and other Club members.

Your personal information will only be disclosed to third parties for a purpose permitted by the Privacy Act and/or this policy and, where required, after obtaining your consent.

We may need to disclose your personal information to third parties for the purposes of allowing us to carry out the activities and functions mentioned in this policy.

For example, from time to time, the Club engages external companies to send direct marketing information (usually via email or SMS), carry out mail services, and provide IT storage and other services.

A third party will only receive your personal information from the Club where that information is necessary for that third party to provide services to or in connection with the Club and the Club will always require that the third party comply with the Privacy Act when dealing with your personal information.

We will also disclose your personal information to third parties if we are required or authorised to do so by law, including to law enforcement agencies, the Office of the Australian Information Commissioner, the Australian Electoral Commission, the Department of Communities and Justice and the Australian Taxation Office.

The Club will never disclose your health information to a third party without your express consent, except in the event of a medical emergency or as otherwise permitted by law.