Privacy Policy

Last updated: 8 September 2017

  1. Introduction

    Each company listed in Section 9 below (“Company” or “we”) wants you to be familiar with how we collect, use and disclose information from and about you. This Privacy Policy describes our practices in connection with information collected through all our services including subscription television services, home delivery subscription, digital services subscription, advertising services, websites, mobile sites, applications (“apps”), and widgets, competitions and customer surveys (collectively, the “Company Services”). By using Company Services, you agree to the terms and conditions of this Privacy Policy.

    This Privacy Policy applies to all persons who interact with us, including those who are advertisers, subscribers to our goods or services and registered and unregistered users of Company Services. This Privacy Policy applies to Company’s collection and use of your personal information (i.e. information about an identified or reasonably identifiable individual, such as full name or name and postal address). Company is bound by the Privacy Act 1988 (Cth) in relation to the handling of personal information. Where appropriate we will handle personal information relying on the media exemption (and complying with the Australian Press Council Privacy Standards), related bodies corporate exemption and the employee records exemption in the Act. This Privacy Policy will not address issues around personal information and its collection and use in the course of journalism and for details on this, you should refer to the Australian Press Council Privacy Standards.

  2. What information do we collect?

    Company collects the personal information needed to provide Company Services and for our business operations. If you choose not to provide certain personal information to us, we may not be able to provide you with the services you require. The following are the main types of personal information collected by Company and the main purposes for which they are collected. Registration Information is the information you provide to Company in the course of registering for or acquiring a Company Service, for example, to create an account, become a subscriber, become an advertiser, post comments, receive a newsletter, or enter a competition. Registration Information may include, for example, name, delivery or postal address, email address, gender and birthday. It includes additional information which you provide to Company in the course of that relationship. Where possible you may have the option of interacting with us anonymously (for example when browsing our digital products as a casual user) or using a pseudonym. We will usually make it clear whenever this is an option.

    Public Information and Posts consist of comments or content that you post to the Company Services and the information about you that accompanies those posts or content, which may include a name, user name, comments, likes, tweets, status, profile information and picture(s). Public Information and Posts are always public, which means they are available to everyone and may be displayed in search results on external search engines.

    Information from third party Social Media

    If you access or log-in to a Company Service through a third party social media service or connect a Company Service to a third party social media service, the information we collect may also include your user ID and/or user name associated with that social media service, any information or content you have permitted the third party social media service to share with us, such as your profile picture, email address, followers or friends lists, and any information you have disclosed in connection with that social media service. We do not collect your passwords other than in relation to our own services. When you access the Company Services through third party social media services or when you connect a Company Service to third party social media services, you are authorizing Company to collect, store use and disclose such information and content in accordance with this Privacy Policy.

    Activity Information — cookies and other technologies

    When you access and interact with the Company Services, we may collect certain information about those visits. For example, in order to permit your connection to the Company Services, our servers receive and record information about your computer, device, and browser, including potentially your IP address, browser type, and other software or hardware information. If you access the Company Services from a mobile or other device, we may collect a unique device identifier assigned to that device, geolocation data, or other transactional information from that device.

    Cookies and other tracking technologies (such as browser cookies and local storage, pixel beacons, and Adobe Flash technology including cookies) are comprised of small bits of data or code that often include a de-identified or anonymous unique identifier. Websites, apps and other services send this data to your browser when you first request a web page and then store the data on your computer so that such websites, apps and other services can access information when you make subsequent requests for pages from that service. These technologies may also be used to collect and store information such as pages you have visited, content you have viewed, search queries you have run and advertisements you have viewed in relation to your usage of the Company Services and other websites you have visited.

    Third parties that support the Company Services by serving advertisements or providing services, such as allowing you to share content or tracking aggregate Company Services usage statistics, may also use these technologies to collect similar information. Company does not control these third-party technologies and their use is governed by the privacy policies of those third parties using such technologies. Most browsers are initially set to accept cookies, but you can change your settings to notify you when a cookie is being set or updated, or to block cookies altogether. Please consult the “Help” section of your browser for more information. Users can manage the use of Flash technologies, with the Flash management tools available at Adobe’s website. Please note that by blocking any or all cookies you may not have access to certain features, content or personalization available through the Company Services.

    Information from Other Sources

    We may supplement the information we collect with information from other sources, such as commercially available sources and data providers, as well as information from our business partners or related and affiliated companies in Australia or internationally.

    Information in relation to other persons who deal with us

    When you apply for a job or contract with us we may collect certain information from you or from any recruitment consultant, your previous employers and others who may be able to provide information to assist us in deciding whether or not to make you an offer of employment or engage you under a contract. This Privacy Policy does not apply to acts and practices in relation to employee records of our current and former employees which are exempt from the Privacy Act.

    Company also collects personal information about individuals who are, or are employed by, our suppliers (including service and content providers), contractors, dealers, related companies, agents and corporate customers. Generally, if appropriate, we will state why we are collecting personal information when we collect it and how we plan to use it, or these things will be obvious when we collect the information.

  3. How do we use your information?

    We use the information we collect from and about you to provide the Company Services and features to you, including: to measure and improve those Company Services and features; to improve your experience with both online and off-line Company Services by delivering content Company believes you are likely to find relevant and interesting, including advertising and marketing messages; to allow you to comment on content, and participate in games, competitions, or rewards programs; to provide you with customer support and to respond to inquiries. When you are not reasonably identifiable in relation to the information collected from or about you, we may use that information for any purpose or share it with third parties. We may also de-identify the information we collect about you so that we can use and disclose it without using or revealing any personal information about you.

    We use the information we collect from and about you for these additional purposes:

    To provide Company Services to you

    Company will use your information to provide Company Services to you, to fulfil administrative functions associated with these services (for example billing, credit and account management), to enter into contracts with you or third parties and for marketing and client relationship purposes. Where your information is contained within an advertisement which Company publishes for you, Company may also use your information for publication of that same advertisement in other media, in accordance with the terms and conditions applicable to the initial publication of the advertisement. We may also use your information to improve Company Services including through research and data analysis by us and our service providers. Where your personal information is contained in a user generated post or in a communication to an editor or journalist, we may publish your name and suburb to identify you as the author of the comment/correspondence if we choose to publish comment/correspondence in any media. We may use and disclose your personal information in other ways expressly disclosed at the point of collection. If you are a competition winner we may disclose your information to relevant regulatory authorities and publish your details in accordance with the competition terms.

    To allow service and content providers to assist us in providing and managing the Company Services

    Company may make your information available to certain third party service and content providers, such as providers of data cloud services, website hosting service providers, debt collection services and direct marketing services, who help us manage or provide the Company Services or provide Company with related services. These third parties may be located in a range of different countries including the United Kingdom, United States of America and Singapore. Company generally requires these service and content providers to comply with relevant privacy laws and not to use personal information which Company provides for any purpose other than the specific service they are providing to you and/or Company.

    To allow social sharing functionality

    If you log in with or connect a social media service account with Company Services, we may share your user name, picture, tweets and likes, as well as your activities and comments with other Company Services users and with your friends associated with your social media service. We may also share the same information with the social media service provider. By logging in with or connecting your Company Services account with a social media service, you are authorizing us to share information we collect from and about you with the social media service provider, other users and your friends and you understand that the social media service’s use of the shared information will be governed by the social media service’s privacy policy. If you do not want your personal information shared in this way, please do not connect your social media service account with your Company Services account and do not participate in social sharing on Company Services.

    To provide co-branded services and features

    We may offer co-branded services or features, such as competitions or other promotions together with a third party (“Co-Branded Services”). These Co-Branded Services may be hosted on Company Services or on the third party’s service. By virtue of these relationships, we may share the information you submit in connection with the Co-Branded Service with the third party. The third party’s use of your information will be governed by the third party’s privacy policy. We will advise you when this is occurring or obtain your express consent to share your personal information in these circumstances.

    To deliver relevant advertisements

    Company and our advertisers may use the information we collect from and about you to deliver relevant ads to you when you use the Company Services or another service. Please refer to Section 6 below for information about your choices in connection with the advertisements you see when using the Company Services.

    To contact you

    Company may periodically send promotional materials or notifications which it believes might be of interest to you. Promotional materials may include invitations to participate in various activities (such as customer surveys) or special offers.

    To share with our Company Affiliates

    Company may share your information with Company’s related companies both in and outside of Australia including in United Kingdom and United States of America. Users who visit our related companies’ services should still refer to their separate privacy policies, which may differ in some respects from this Privacy Policy. Where we share your information with our related companies, they may use your information in the same way as we can under this Privacy Policy.

    To share with business partners

    Where you have expressly consented to this, Company may share your information with business partners to permit them to send you marketing communications consistent with your choices.

    To protect the rights of Company and others

    There may be instances when Company may disclose your information, including situations where Company has a good faith belief that such disclosure is necessary in order to:

    1. protect, enforce, or defend the legal rights, privacy, safety, or property of Company, our related companies or their employees, agents and contractors (including enforcement of our agreements and our terms of use);
    2. protect the safety, privacy, and security of users of the Company Services or members of the public;
    3. protect against fraud or for risk management purposes;
    4. comply with the law or legal process in any country; or
    5. respond to requests from public and government authorities.

    To complete a merger or sale of assets

    If Company sells all or part of its business or makes a sale or transfer of its assets or is otherwise involved in a merger or transfer of all or a material part of its business, Company may transfer or disclose your information to the party or parties involved in the transaction as part of that transaction and as part of any due diligence processes which take place in contemplation of a potential transaction.

  4. How do we protect your information?

    Company uses commercially reasonable administrative, technical, personnel and physical measures to safeguard information in its possession against loss, theft and unauthorized use, disclosure or modification. However, no one can guarantee the complete safety of your information.

  5. How can you access your information?

    If you would like to access, review, correct or update your personal information, you may contact us as outlined in section 7 of this policy. In your request, please include your email address, name, address, and telephone number and specify clearly what information you would like to access, review, correct or update. We will need to share your information with others who can assist in responding to your request. We will try to respond to your request as soon as reasonably practicable. If we deny access in any circumstances, we will generally tell you why.

  6. How can you opt out?

    You can block or delete cookies through your browser settings but be aware that if you do this you may not be able to continue to receive some Company Services. In addition, this may not be sufficient to block or opt-out of all activities which track the usage of a device or which deliver targeted content. If you wish to obtain more information about how your previous usage of the Internet may be used to determine the ads that you see when you use the Company Services, go to youronlinechoices.com.au. To opt out of receiving this type of advertising go to youronlinechoices.com.au/opt-out.

    If you want to stop receiving promotional materials, you can change your account settings or follow the unsubscribe instructions at the bottom of each email or text message. If you have installed a mobile app and you wish to stop receiving push notifications, you can change the settings either on your mobile device or through the app.

    If you have linked any of your social media accounts to your account for any Company Services, you can cancel that link by changing your account settings.

    If you need any assistance with changing your account settings, please call Company.

  7. Other important information for you

    Updates to Privacy Policy

    Company may modify this Privacy Policy at any time. Please look at the Last Updated date at the top of this Privacy Policy to see when this Privacy Policy was last revised. Any changes to this Privacy Policy will become effective when we post the revised Privacy Policy on the Company Services. If the changes affect any agreement between us, you will be entitled to terminate our agreement if those changes are not acceptable to you, on reasonable grounds.

    Location of Data

    Some of the Company Services are hosted in and managed outside of Australia and in dealing with Company, you consent to having any personal information accessible from or transmitted outside of Australia.

    Linked Services

    The Company Services may also be linked to sites operated by unaffiliated companies, and may carry advertisements or offer content, functionality, games, newsletters, competitions or applications developed and maintained by unaffiliated companies. Company is not responsible for the privacy practices of unaffiliated companies, and once you leave the Company Services or click an advertisement you should check the applicable privacy policy of the other service.

    Collection of Personal Financial Information by a Payment Service

    In some cases, we may use an unaffiliated payment service to allow you to purchase a product or make payments (“Payment Service”). If you wish to purchase a product or make a payment using a Payment Service, you will be directed to a Payment Service webpage. Any information that you provide to a Payment Service will be subject to the applicable Payment Service’s privacy policy, rather than this Privacy Policy. We have no control over, and are not responsible for, any Payment Service’s use of information collected through any Payment Service.

    Data Retention

    We will retain your information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or allowed by law. Remember that even after you cancel your account, copies of some information from your account may remain viewable in some circumstances where, for example, you have shared information with social media or other services. Because of the nature of caching technology, your account may not be instantly inaccessible to others. We may also retain backup information related to your account on our servers for some time after cancelation for fraud detection or to comply with applicable law or our internal security or other policies. We do not always completely remove or delete all of your information for a number of reasons including due to technical and systems constraints, contractual, financial or legal requirements.

    Sensitive Information

    We ask that you not send us, and you not disclose, any sensitive personal information (such as information related to racial or ethnic origin, religion or other beliefs, health, criminal background or trade union membership) on or through the Company Services or otherwise. If, contrary to this request, you do provide any sensitive information, in doing so you consent to us collecting and handling that information in accordance with this Privacy Policy.

    Complaint

    If you think we have breached the Privacy Act or other applicable privacy laws, you may complain to us by contacting us as outlined in section 8 below. When you contact us, please include your email address, name, address, and telephone number and clearly describe your complaint. We will need to share your information with others who can assist in responding to your complaint. We will respond to your complaint as soon as reasonably practicable and in any event within 5 business days, by making contact with you to inform you whether we have accepted your complaint, need further information or do not think we are in breach. We will also let you know the next steps in resolving your complaint. If you are not satisfied with our response to your complaint, or at any time, you may refer your complaint to the Office of the Australian Information Commissioner.

  8. How you can contact us

    If you have questions about this Privacy Policy, please contact our Privacy Officer at:

    Email
    privacy@foxsports.com.au
    Mail
    Privacy Officer, FOX SPORTS, Locked Bag 9000 Crows Nest 1585
  9. List of included companies

    1. FOX SPORTS Australia Pty Limited (ACN 065 445 418)
    2. FOX SPORTS Venues Pty Limited (ACN 110 803 944)
    3. FOX SPORTS StreamCo Pty Limited (ACN 616 999 243)
    4. Sport by Numbers Pty Limited (ACN 065 420 046)

Data Collection Statement

Our Privacy Policy includes important information about our collection, use and disclosure of your personal information (including to provide you with targeted advertising based on your online activities). It explains that if you do not provide us with information we have requested from you, we may not be able to provide you with the goods and services you require. It also explains how you can access or seek correction of your personal information, how you can complain about a breach of the Australian Privacy Principles and how we will deal with a complaint of that nature.

Terms and Conditions - Nutshell

1. Ownership: FOX SPORTS Australia Pty Limited (FOX SPORTS, we or our) is the owner and operator of https://www.sportinanutshell.com.au (Website).

2. Acceptance and amendments: Users of this Website (users or you) agree to be bound by these terms and conditions, which are subject to change at the sole discretion of FOX SPORTS at any time. Please read these terms and conditions on a regular basis so that you are aware of any changes. Your use of and access to this Website indicate your acceptance of these terms and conditions (and any changes to them).

3. NEWS+: If you have registered with news+, the news+ Registration Terms and Conditions and, if you have subscribed, the news+ Subscription Terms and Conditions, will apply to your use of this Website in addition to these terms and conditions.

4. We may, at any time and without notice, change, delete or add to the Website or the information, products or services described on it.

5. The Copyright Notice and Terms and conditions for linking and embedding are incorporated into and form part of these terms and conditions. Please ensure that you are familiar with those terms.

6. Intellectual property rights and use of Website: All intellectual property rights in this Website and the material included on it, other than User Generated Material (defined below), are owned by FOX SPORTS or its licensors or advertisers, and users obtain no interest in those rights. Your use of the Website and the material on it must comply with the Copyright Notice.

7. Users must not circumvent, disable or otherwise interfere with security-related features of the Website or any features which prevent or restrict use or copying of any content on the Website.

8. Third party content: This Website may include third party content which is subject to that third party’s terms and conditions of use. We encourage you to read those third party terms and conditions of use prior to accessing such third party content.

9. Third party links: This Website may include links to third party websites. As FOX SPORTS has no control over such websites, you acknowledge and agree that FOX SPORTS is not responsible for the availability of these third party websites and that FOX SPORTS neither endorses nor is responsible for any content, advertising, products or other materials on or available from such websites. We encourage you to read the terms and conditions and privacy policies of any third party websites when you access them.

10. Competitions: Terms and conditions of entry for any promotion or competition (Competition Terms) conducted on the Website will appear with that promotion or competition. You should read those Competition Terms in conjunction with these terms and conditions.

11. Liability: FOX SPORTS does not exclude any rights and remedies in respect of goods or services under the Australian Consumer Law in the Competition and Consumer Act 2010 (ACL) or equivalent State or Territory legislation which cannot be excluded, restricted or modified, to the extent they are applicable to your use of this Website. FOX SPORTS otherwise excludes all rights, remedies, guarantees, conditions and warranties in respect this Website whether based in statute, common law or otherwise to the extent permitted by law. To the fullest extent possible and subject to FOX SPORTS’ liabilities and obligations under the ACL:
(a) FOX SPORTS will have no responsibility or liability to you in relation to any loss or damage of any kind (direct or indirect) however caused (including through our negligence) which is suffered or incurred by you or any other person, including without limitation damage to your software, hardware or any other device, arising from your use of or access to this Website or any linked third party website. You must take your own precautions to ensure that any content is free from viruses, worms, trojan horses or any other harmful component which may interfere with or damage the operation of your software, hardware or any other device used to access the Website.
(b) The information on the Website is not comprehensive and is intended only to provide a summary of the subject matter covered. FOX SPORTS does not warrant the accuracy of the content which you access through this Website. The content is provided to you “as is” and on an “as available” basis and on the condition that you undertake all responsibility for assessing the accuracy of the content and rely on it at your own risk. All content which you access through this Website may be changed at FOX SPORTS’ sole discretion and without notice.
(c) FOX SPORTS does not undertake to keep the Website up-to-date and is not liable to you or any other person for any loss or disappointment suffered if the information on the Website is incorrect, incomplete or not up-to-date. You must make your own assessment of it and rely on it wholly at your own risk.
(d) FOX SPORTS does not warrant that functions of this Website or which you access through this Website, such as hyperlinks, will be uninterrupted or error free, that defects will be corrected, that there will be no technical problems which prevent or unreasonably delay delivery of the Website or any content which ought to be accessible through the Website, or that FOX SPORTS or the server that makes it available, are free of viruses or bugs.
(e) You agree to fully indemnify and hold harmless FOX SPORTS and its related bodies corporate against any and all liabilities, claims (actual, threatened or potential), loss (including consequential loss) and damage incurred in connection with:
i. your use of or access to the Website;
ii. User Generated Material which you post or transmit; or
iii. any breach by you of these terms and conditions. This indemnity will survive the termination or expiration of these terms and conditions for any reason.
(f) Where permitted under local law, including the ACL, liability of FOX SPORTS, for any breach of a term or condition implied by law is limited at FOX SPORTS’ discretion, to the supply of any service again or the payment for the cost of having any service supplied again. However, FOX SPORTS cannot limit its liability in this manner if you establish that it would not be fair or reasonable for FOX SPORTS to do so.

12. User Generated Material: The Website contains blogs, comment fields and other facilities (including facilities provided via social media sites such as Twitter and Facebook) which provide for comment and feedback by users, real-time interaction between users (including individuals referred to as guests and experts) and other electronic messaging and notice services (User Generated Material).

13. It is a condition of your inclusion or use of any User Generated Material and your access to the Website that you must not:
(a) restrict or inhibit any other user from using or enjoying any part of the Website;
(b) post or transmit any User Generated Material of any kind:
i. which is (or could reasonably be expected to be) unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent, including without limitation transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;
ii. which is not your original work, or which violates or infringes (or could reasonably be expected to violate or infringe) the rights of any other person, including material which is protected by copyright, trade mark or other intellectual property rights;
iii. which you know (or reasonably ought to know) to be false, misleading or deceptive;
iv. which contains a virus or other harmful component;
v. for commercial purposes or which contains any promotional material or advertising;
vi. which is an invasion of any privacy or publicity rights;
vii. which racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on gender, age, race, religion, sexual orientation, or any physical or mental disability;
viii. which harms minors in any way; or
ix. in a way that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;

14. You grant to FOX SPORTS, its assignees and authorised nominees, a non-exclusive, perpetual, worldwide, transferable and royalty free licence to use, display, modify, adapt, transmit, reproduce, exploit, exhibit and communicate to the public in all media throughout the world any User Generated Material uploaded or transmitted by you on the Website.

15. To the extent permitted by applicable law, you unconditionally and irrevocably:
(a) consent, and will obtain all other necessary unconditional and irrevocable written consents from other persons involved in producing any User Generated Material, to any act or omission that would otherwise infringe any moral rights in any User Generated Material which is uploaded or transmitted by you on the Website; and
(b) waive, and will obtain all other necessary unconditional and irrevocable written waivers of, all moral rights, for FOX SPORTS’s benefit, or the benefit of its licensees, successors in title and anyone authorised by any of them to do acts comprised in the copyright.

16. FOX SPORTS assumes no responsibility for monitoring the Website for inappropriate User Generated Material. If at any time FOX SPORTS elects, in its sole discretion, to monitor User Generated Material on the Website, FOX SPORTS nonetheless assumes no responsibility for any User Generated Material, no obligation to modify or remove any inappropriate User Generated Material and no responsibility for the conduct of any person who submitted User Generated Material (including any information, comments and/or advice of any individual referred to as a guest or expert whose statements on the Website are solely their own). FOX SPORTS may reject, refuse to post or delete any User Generated Material for any or no reason.

17. You acknowledge that the comments and opinions contained in the User Generated Material are not the comments or opinions of FOX SPORTS, and FOX SPORTS accepts no liability in relation to any User Generated Material including its content or accuracy.

18. Copyright infringement notification: FOX SPORTS respects third party intellectual property rights. If you are a copyright owner or agent thereof and you believe that any content on the Website infringes your rights, please notify us by email at feedback@foxsports.com.au with ‘Copyright Infringement Notification’ as the subject line or by post at Locked Bag 9000, CROWS NEST, NSW, 1585.

19. When contacting us regarding potential copyright infringement, please provide the following information in writing:
(a) a physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) identify the copyrighted work which you claim has been infringed;
(c) identify the content on the Website that you claim infringes your rights and explain the way in which it infringes your rights (eg the sound is copied or the entire video is a copy of your original work);
(d) sufficient contact information to allow us to contact you regarding your copyright infringement notice;
(e) a statement that you have a good faith belief that use of the content in the manner complained of is not authorised by the copyright owner, its agent, or the law; and
(f) a statement that the information in the notification is accurate and that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.

20. Complaints: If you wish to make a complaint regarding content on the Website, please notify FOX SPORTS by email at feedback@foxsports.com.au with ‘Content Complaint’ as the subject line or by post at Locked Bag 9000, CROWS NEST, NSW, 1585.

21. When contacting us regarding a complaint, please provide the following information in writing:
(a) full details of the nature of your complaint and the content which it relates to;
(b) details of when and how (eg via a link) you viewed the content; and
(c) sufficient contact information to allow us to contact you regarding your complaint.

22. FOX SPORTS endeavours to respond to complaints regarding content on the Website within 30 days.

23. Termination or suspension of access: FOX SPORTS may, in its sole discretion, terminate or suspend your access to all or part of the Website at any time, with or without notice, if you breach these terms and conditions.

24. Online safety: The internet can be fun and educational, but it also contains material that is not suitable for children. Parents can help keep their children safe online in a number of ways:
(a) keep the computer in a public area of your home;
(b) educate children about the dangers of providing personal information to anyone online, especially in chat rooms; and
(c) visit ACMA’s “Cybersmart Kids Online” website at http://www.cybersmart.gov.au with your children for more tips on staying safe online.

25. Governing Law: Your use of the Website and these terms and conditions are governed by the laws in force in New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and the courts of appeal from them.
Last updated: 8 September 2017