STUDIOCANAL AUSTRALIA - PRIVACY POLICY

This Privacy Policy was last updated on 24 April 2018.

This is the Privacy Policy of Studiocanal Pty Limited ABN 64 096 774 015 (“Studiocanal”, "we", "us" and when relating to us, "our").

Studiocanal is engaged in the distribution of feature films and television series to theatrical and non-theatrical exhibitors, subscription and free-to-air television broadcasters, Video on Demand streaming services and home entertainment providers as well as the development and production of feature films and television series.

During the course of these activities, Studiocanal from time to time gathers information from parties with whom we deal for a variety of reasons including, in particular, to enable us to carry out, improve and promote the products and services we provide, distribute and exploit.

Studiocanal is committed to protecting the privacy of our contacts, customers, suppliers and employees ("you" and when relating to you, "your") and complying with the Australian Privacy Principles set out in the Privacy Act 1988 (Cth) (Privacy Act).

In this policy we describe how we collect, use and disclose Personal Information from and about you.

1.         The kinds of Personal Information we collect

The kinds of Personal Information that we collect include:

 

  1. contact details such as name, role or position, address, email address, mobile number, landline number and fax number;
  2. information relating to your financial position, business activities, buying habits, opinions, product preferences relevant to Studiocanal’s products, services and business activities;
  3. information about your commercial interests and requirements, products you may wish to purchase or services for which you may wish to engage Studiocanal;
  4. information regarding our communications with you and your attendance at conferences or promotional events held by us;
  5. if you are an employee or prospective employee, information about your qualifications, skills and work experience;
  6. if you are a supplier or prospective supplier, information about your business skills, services, products and prices.
Studiocanal regards all such information that is collected and identifiable as “Personal Information” within the context of this Privacy Policy.

2.        How we collect Personal Information

2.1      In the course of conducting our range of business activities, we collect Personal Information by various means including when:
  1. you contact us with a question or inquiry by telephone or email;
  2. you complete an application form (e.g. a creditor/supplier/maintenance form for theatrical exhibition or for a competition or promotion or other marketing activity);
  3. you enter into a commercial transaction with us and provide us with banking or credit card details;
  4. you provide information to us at a seminar, event or networking function where we are hosting, presenting or in attendance;
  5. you, our exhibitors, licensees or partners provide information to us relating to the products or services we are providing;
  6. we collect information from third parties;
  7. you visit our website.  

2.2      Where practicable we collect Personal Information about you directly from you. However, we may have collected information about you from a third party such as an exhibitor, a third party information provider, a licensee, a marketing or competition partner or a person responding to our questions or inquiries.
2.3      Where practical, customers, suppliers and other parties may deal with Studiocanal on an anonymous basis. However, if you do not provide us with accurate Personal Information we may not be able to achieve the purpose for which the information has been sought.

3.        The purposes for which we collect, hold, use and disclose Personal Information
3.1      Studiocanal may collect, hold and use Personal Information for the purposes identified at the time of collection, which may include:

  1. to provide and administer Studiocanal’s products and services, such as verifying your identity; contacting you about orders and bookings; processing payments; training staff; testing its systems; and engaging with Studiocanal’s suppliers;
  2. to disseminate Studiocanal’s communications by itself or with the assistance of third party services providers;
  3. for customer support, including resolving and providing assistance for orders or tickets or to respond to other enquiries or requests;
  4. to engage in marketing activities for Studiocanal’s products and services, or products and services of third parties, and to conduct market and other research and analysis to improve Studiocanal’s products, services and marketing activities;
  5. as part of a competition or promotion for our products or services that we, our licensees or marketing or distribution partners are undertaking;
  6. informing you about special offers or promotions that are relevant to your relationship with us, or that you have opted in to receive;
  7. billing you (unless you pay by another agreed method) and collecting any debt owed to us by you;
  8. general administrative and business purposes;
  9. to provide services in the course of investigating a complaint or a security incident;
  10. for the purposes of a confidential alternative dispute resolution process;
  11. monitoring the safety and security of our staff and our sites, and completing incident investigations;
  12. to maintain records and comply with Australian law; or
  13. for any other purpose that is advised to you.

3.2       We may disclose your personal information, and you consent to us disclosing your personal information, to third parties engaged by us to perform functions or provide products and services on our behalf, such as processing credit card information, mail-outs, debt collection, marketing (including competitions and promotions), research and advertising or where compelled or required to do so by law or order of a court or tribunal of relevant jurisdiction.
3.3       Where Studiocanal collects personal information about you in order to conduct a marketing promotion or competition, your entry into that promotion or competition as a participant is conditional on providing this information. If the information requested is not provided, you may not participate in that promotion or competition.
3.4       Wherever practical, Studiocanal will obtain your express consent to the collection of Personal Information, including collection of Personal Information from third parties. In some circumstances, Studiocanal will interpret your actions as indicating your consent to the collection of Personal Information. This may occur where you have provided Personal Information for a particular purpose and that purpose cannot be achieved without Studiocanal making use of that Personal Information.
3.5       In the event of a merger, acquisition or sale of the whole of part of the business of Studiocanal, we reserve the right to transfer your information as part of such transaction.

4.        The parties to whom your Personal Information is disclosed
4.1      In general, only officers, employees or contractors of Studiocanal may have access to Personal Information. However, subject to our confidentiality obligations, we may share some relevant Personal Information with service partners, companies or individuals other than officers, employees or contractors of Studiocanal where we believe that access is necessary to achieve the purpose for which the Information was collected. To the extent that these service partners, companies or individuals are located in Australia and Studiocanal gives them access to a Customer’s Personal Information, they are subject to privacy legislation which prevents the Personal Information being used for any other purposes.

We also will disclose your information if required by law to do so or in circumstances permitted by the Privacy Act – for example, where we have reasonable grounds to suspect that unlawful activity, or misconduct of a serious nature, that relates to our functions or activities has been is being or may be engaged in, in response to a subpoena, discovery request or a court order.

        

5.        Disclosure of information outside the jurisdiction of collection
           Studiocanal may disclose Personal Information to third parties outside Australia. Some of the third parties described above including our service providers and related bodies corporate may be in France, Germany and the United Kingdom. Studiocanal will take reasonable steps to protect Personal Information no matter what country it is stored in or transferred to. In addition, where we distribute third party products, those third parties may disclose your information to overseas recipients or entities.   By providing your personal information to us you consent to this transfer.  If you do not wish your data to be transferred overseas then you should not provide us with your personal information. You should refer to their privacy policy for further information about how they handle your information. 
6.        Opting out of marketing communications
6.1       Personal Information collected for direct marketing purposes will only be collected, used or disclosed with your consent as provided for in this Privacy Policy.  In circumstances where Studiocanal cannot practically obtain your consent, then Studiocanal may still engage in direct marketing to that Customer, but will:
(a)     include an 'unsubscribe' facility so Customers can unsubscribe from the mailing list at any time; and
(b)     clearly and accurately identify the sender of the message; and
(c)     include information about how you can contact Studiocanal if you wish to be removed from any mailing list or to contact Studiocanal’s Privacy Officer.
7.        Security
7.1       We take reasonable physical, technical and administrative safeguards to protect your Personal Information from misuse, interference, loss, and unauthorised access, modification and disclosure. For example, we maintain our files in secure offices and limit access to Personal Information to individuals with a need to know.
7.2       Except to the extent liability cannot be excluded due to the operation of statute, we exclude all liability (including in negligence) for the consequences of any unauthorised access, disclosure of, misuse of or loss or corruption of your personal information. Nothing in this Privacy Policy restricts, excludes or modifies or purports to restrict, exclude or modify any statutory rights under any applicable law. Please notify us immediately if you become aware of any breach of security.
8.        Access to/correction of/updating Personal Information
8.1      You can contact us to access, review, correct, update, suppress or otherwise limit our use of your Personal Information. Unless we are subject to confidentiality obligations or some other restriction on giving access to the information and we are permitted to refuse you access under the Privacy Act, we will endeavour to make your information available to you within 30 days. Examples of circumstances where we may refuse to give you access to your Personal Information include where:

  1. giving access would be unlawful;
  2. we reasonably believe that giving you access would pose a serious threat to the life, health or safety of any individual or to public health or public safety;
  3. giving access would have an unreasonable impact on the privacy of others;
  4. the information could reveal the intentions of a party in negotiations;
  5. giving access could prejudice the taking of appropriate action in relation to unlawful activity;
  6. giving access could reveal evaluative information in a commercially sensitive decision making process.
8.2       If you request to correct your Personal Information, we will correct, or, if we consider more appropriate, note your request for amendment of the information on your record.
8.3       We will not charge you to make a request to access your record but we may charge you to actually provide access depending on the costs associated with obtaining and providing the material.
8.4       These actions can usually be taken by contacting a customer relations representative using the contact information on the "Contact Us" section below.

9.        Contractors

9.1       Studiocanal may from time to time employ subcontractors to provide services to it. In these situations, Personal Information may be collected about those subcontractors. This Privacy Policy applies equally to those subcontractors.

10.      Notification of Changes

10.1     We may from time to time (without notice to you) make changes to this Policy that are necessary for our business requirements or to comply with the law. You can obtain a current copy of this Policy through our website at www.studiocanal.com.au or by contacting our offices directly (see contact details at clause 11).

 11.      Complaints / Contact us

11.1     If you have any questions, concerns or complaints about this Policy, or our handling of your information, we encourage you to contact us at:

GPO Box 5315, Sydney NSW 2001

Ph: 02 9003 3980

Email: online@studiocanal.com.au

 

Attention: Privacy Officer

.

11.2      We will endeavour to respond to any complaint within 30 days. If you are not satisfied with our response to your complaint you may seek a review by contacting the Office of the Australian Information Commissioner using the information available at http://www.oaic.gov.au/privacy/privacy-complaints.

Office of the Australian Information Commissioner

GPO Box 5218 Sydney NSW 2001

Ph: 1300 363 992

www.oaic.gov.au