PRIVACY POLICY
1. PURPOSE
The purpose of this Privacy Policy is to set out:
- the kind of information Racing Australia may collect about you, how it is collected and how it is held by Racing Australia;
- the purposes for which Racing Australia collects, holds, uses and discloses personal information;
- how Racing Australia may disclose personal information;
- how an individual can access the information held about him or her and seek correction of such information (if required);
- when Racing Australia may use an individual’s information to contact them; and
- the protection of an individual's personal information.
Racing Australia abides by the Australian Privacy Principles (APPs) under the Privacy Act 1988 (Cth) (Privacy Act). Further information in relation to Racing Australia's Privacy Policy can be obtained by contacting Racing Australia's Privacy Officer (see Section 11 for contact details).
This Privacy Policy will be reviewed regularly and may be updated from time to time and published on Racing Australia's website (www.racingaustralia.horse).
2. SCOPE
This Privacy Policy applies to all personal information collected by Racing Australia Limited (ACN 105 994 330) and its related bodies corporate (Racing Australia).
Racing Australia will only collect personal information or sensitive information that is reasonably necessary for, or directly related to, one of our functions or activities. This Privacy Policy applies to all personal information collected by Racing Australia, whether it has requested the information or not, and whether it has collected information for itself or on behalf of a State or Territory Principal Racing Authority (PRA).
Note: the PRAs are Racing NSW, Racing Victoria Limited, Racing Queensland, Racing and Wagering Western Australia, Racing SA Limited, Tasracing Pty Ltd, Thoroughbred Racing Northern Territory and Canberra Racing Club Inc.
3. RACING AUSTRALIA'S FUNCTIONS & ACTIVITIES
Racing Australia is the national body for thoroughbred racing and breeding in Australia and carries out functions and activities including:
- conducting a national consolidated racing and breeding materials and information services business to service the thoroughbred racing and breeding industry;
- adopting, administering and altering the Australian Rules of Racing and the Rules of the Australian Stud Book;
- facilitating the administration and operation of the thoroughbred racing and breeding industry, including by providing products and services to PRAs and industry participants;
- ensuring the integrity of thoroughbred breeding in Australia, including by maintaining the officially published records of thoroughbred bloodlines in Australia;
- maintaining information regarding the ownership and identity of thoroughbred racehorses;
- conducting research regarding thoroughbreds; and
- promoting and protecting the integrity and welfare of the thoroughbred racing and breeding industry.
4. COLLECTION OF INFORMATION
Racing Australia may collect personal information from an individual via hard copy, electronic or oral means. Examples include when an individual:
- submits a paper-based application form to Racing Australia;
- subscribes to a Racing Australia service;
- speaks to Racing Australia Service Centre staff on the phone;
- sends Racing Australia an email, mail or fax;
- inputs personal information in the course of their visit to any of the various websites operated by Racing Australia; and
- attends a Racing Australia office to complete an application.
Note: the websites operated by Racing Australia include www.racingaustralia.horse, www.studbook.org.au, www.myhorseracing.horse, www.racingjobs.com.au, www.racingservicesbureau.net.au, www.equinegeneticsresearchcentre.horse, www.tor.racingaustralia.horse, www.risaconnect.com.au, www.racingappeals.risa.com.au, www.ttsc.com.au and www.australianracinghalloffame.horse (separately or together, Website).
(a) Personal information
Personal information is information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether true or not, and whether recorded in a material form or not. Personal information includes information such as:
- an individual's name, date of birth, address and contact details;
- an individual's bank account details and credit card information;
- information about horses owned by an individual;
- information about an individual's disciplinary history;
- information about an individual's opinions, likes and dislikes.
Racing Australia will not collect personal information unless collection of such information is reasonably necessary to enable Racing Australia to carry out one or more of its functions and/or activities.
We are generally exempt from the Privacy Act when we handle employee records, and this Privacy Policy does not apply to that information. However, where State or Territory health privacy legislation applies, we are still required to protect the privacy of employee health information. This Privacy Policy will apply in those circumstances.
(b) Solicited information
Racing Australia holds and uses personal information about its suppliers, customers (including owners, breeders and trainers) and other persons licensed or registered under the Rules of Racing and other relevant rules and legislation applicable to the thoroughbred racing and breeding industry. Typically, this information includes a person's name, email address, phone number, address, date of birth, gender, bank account details, GST status and any other required information.
This information is needed to maintain Racing Australia’s records in a format that identifies the person. These records are held by Racing Australia for the purposes of enabling it to:
- contact individuals;
- identify, and in some cases verify the identity of, individuals;
- consider individuals’ requests for Racing Australia products and services;
- provide Racing Australia products and services to its customers (including the processing of applications and other transactions);
- facilitate the administration and effective operation of racing and breeding (including the payment of prizemoney and training fees);
- ensure compliance with the Rules of Racing and the Stud Book Rules;
- conduct or facilitate research relating to thoroughbreds;
- protect the integrity and welfare of the racing and breeding industry;
- engage suppliers;
- inform individuals about Racing Australia products and services; and
- otherwise perform its functions and activities as outlined in Section 3.
Racing Australia collects personal information only by lawful and fair means. Information is collected from the individual unless it is unreasonable or impracticable to do so. Examples of when information is collected directly from the individual include:
- lodgement of foal ownership declarations and horse registration applications;
- lodgement of horse location, status updates and other horse traceability information;
- lodgement of transfer of ownership and syndicate registration applications (including where processed by Racing Australia on a PRA’s behalf);
- lodgement of an Enforcement Action Application, Dispute Notice or Notice of Election of Hearing under the TOR Rules;
- when setting up a www.myhorseracing.horse portal account;
- when accessing owners’ raceday tickets via racetix;
- submission of general enquiries or feedback;
- submission of job applications; and
- when individuals subscribe to receive Racing Australia services or communications.
For the purposes of this Privacy Policy, ‘collect’ includes where Racing Australia processes personal information on behalf of a PRA.
Racing Australia may also collect your personal information from third parties and/or publicly available sources, including:
- when someone provides your personal information to us on your behalf, such as on a horse retirement form, or when making a complaint;
- from PRAs, race clubs and other racing control bodies (including PRA equivalents in harness and greyhound) in Australia and overseas;
- from industry associations such as breeders, trainers and owners associations;
- from livestock auctioneers;
- from wagering service providers;
- from our suppliers, when they provide goods and service to Racing Australia;
- from police and regulatory authorities such as the Queensland Racing Integrity Commission or the Office of the Racing Integrity Commissioner;
- from public registers or websites (e.g. by conducting searches of the ASIC database or from other publicly available sources);
- through social networking sites such as LinkedIn or Facebook or from your professional reference where you are applying for employment at Racing Australia;
- from licensed/registered participants or the general public where they are submitting concerns or advising of a dispute relating to the thoroughbred racing industry;
- through public events such as livestock auctions;
- if authorised or required by law;
- with your consent; or
- as otherwise required to enable Racing Australia to fulfill it functions and activities as outlined in Section 3.
(c) Unsolicited information
If Racing Australia receives personal information about an individual in circumstances where it did not solicit the information, Racing Australia will (within a reasonable period after receiving the information) determine whether or not it would have been entitled to collect such information having regard to its functions and activities. If Racing Australia determines that it is not entitled to such information, Racing Australia will destroy the information or ensure that the information is de-identified.
(d) Sensitive information
Sensitive information is a subset of personal information that is generally afforded a higher level of privacy protection. Examples include information about an individual's:
- racial or ethnic origin;
- health or medical information;
- membership of a political association, professional or trade association or trade union;
- criminal record; or
- genetic information.
Racing Australia will not collect sensitive information unless the individual has consented to the collection of that information or the collection is required or authorised by law. Examples of when sensitive information may be collected by Racing Australia may include the following:
- criminal record where an individual is applying to register a horse; and
- where reasonably necessary for Racing Australia to protect the health and safety of its employees, licensed participants and/or the thoroughbred racing and breeding industry.
(e) Refusal to provide personal information
The nature of the business carried on by Racing Australia means that, generally, it is not possible for us to provide products and services to individuals anonymously. As such, if you do not wish to provide Racing Australia with your personal information, we may not be able to process the application or transaction you have submitted with us.
5. HOW INFORMATION IS HELD
Racing Australia has processes in place to ensure the security of an individual’s personal information. There are limitations on access to information within Racing Australia.
Only certain Racing Australia employees, being those required to have access to personal information so that Racing Australia is able to carry out its functions and activities will have access to information held by Racing Australia, in order to protect the information from:
- misuse, interference and loss; and
- unauthorised access, modification or disclosure.
Racing Australia employees are authorised to access electronic records containing personal information, based on its sensitivity and the individual’s role in requiring such information.
If Racing Australia no longer requires any information for any purpose for which the information may be used or disclosed in accordance with this Privacy Policy, Racing Australia will take such steps as are reasonable in the circumstances to securely destroy the information or to ensure that the information is de-identified.
6. USE AND DISCLOSURE OF PERSONAL INFORMATION
(a) Purposes for which Racing Australia may use and/or disclose personal information
Racing Australia may use or disclose personal information for the purpose for which it was collected and for other purposes permitted by the Privacy Act, including where:
- the individual has consented;
- the individual would reasonably expect Racing Australia to use or disclose the information for that other purpose, in circumstances where it is:
- in respect of sensitive information, directly related to the purpose for which it was collected; or
- in respect of personal information, related to the purpose for which it was collected;
- use or disclosure is authorised by law or a court/tribunal order; or
- Racing Australia reasonably believes that use or disclosure of the information is reasonably necessary for one or more enforcement related activities conducted by, or on behalf of, an enforcement body.
Except in limited circumstances, including those described below (see “Cross-border processing and disclosure of personal information”), it is not likely that Racing Australia will disclose information to overseas recipients.
Racing Australia may disclose your personal information to third parties for the following purposes:
- to provide the service you wish to use;
- to process an application submitted to Racing Australia;
- to ensure compliance with the Rules of Racing or the Stud Book Rules;
- for research purposes relating to the thoroughbred racing and breeding industry;
- to customise and promote products and services related to the thoroughbred racing and breeding industry which may be of interest to you;
- if authorised or required by law;
- with your consent; or
- as otherwise required to enable Racing Australia to fulfill it functions and activities as outlined in Section 3.
Without limiting the above, Racing Australia may disclose your personal information to PRAs to:
- enable PRAs to fulfil their regulatory responsibilities;
- promote and protect the integrity of the thoroughbred racing and breeding industry, including to ensure compliance with the Rules of Racing or the Stud Book Rules; and
- enable PRAs to communicate with you.
If you are an owner of a registered racehorse, Racing Australia will publicly display your title, first/middle name initials and surname (e.g. Mr J R Smith) on a Website, including www.racingaustralia.horse. Such information is replicated in third party race books.
Further, if you are an owner of a horse, Racing Australia may provide your contact details to the trainer and/or managing owner solely for the purpose of contacting you in relation to the horse. Similarly, Racing Australia may provide a trainer’s or managing owner’s contact details to an owner of the horse solely for the purpose of contacting them in relation to the horse.
When personal information is disclosed to third parties, appropriate care is taken to ensure the information is protected from misuse.
(b) Third parties with which Racing Australia may share your personal information
Personal information collected by Racing Australia may be disclosed to third parties, including to:
- PRAs, race clubs and other racing control bodies (including PRA equivalents in harness and greyhound) in Australia and overseas, including to assist with regulatory matters, investigations in appropriate circumstances or when disciplinary action is taken against a person;
- government agencies, as required or authorised by law;
- contractors who are providing services to Racing Australia;
- Racing Australia’s financial institution, for the purpose of billing an individual who acquires Racing Australia products or services;
- industry associations such as breeders, trainers and owners associations;
- livestock auctioneers, including to assist with welfare and traceability matters;
- wagering service providers, including to assist with integrity matters; and
- police and regulatory authorities such as the Queensland Racing Integrity Commission or the Office of the Racing Integrity Commissioner, in relation to integrity investigations or matters as required or authorised by law.
Personal information provided to PRAs, racing governing bodies (both in Australia and overseas), the police, regulatory authorities and government agencies may contain sensitive information such as medical or disciplinary records.
(c) Cross-border processing and disclosure of personal information
Racing Australia may process and/or disclose your personal information overseas, including in the following situations:
- to third-party providers of business support services, such as IT services, who are based overseas;
- for integrity purposes, such as to assist international investigations and/or combating the threat of illegal wagering and other financial crime risks to racing integrity;
- if authorised or required by law;
- with your consent; and
- as otherwise required to enable Racing Australia to fulfill it functions and activities as outlined in Section 3.
In each case, we will comply with the requirements of the Privacy Act that apply to cross-border disclosures of personal information.
(d) Direct marketing
Racing Australia may disclose personal information (not sensitive information) to third parties for the purposes of direct marketing services related to the thoroughbred racing and breeding industry. An individual will be able to opt-out of direct marketing at any time if he or she chooses, by notifying Racing Australia's Privacy Officer (see contact details in Section 11) in writing.
Racing Australia will not use or disclose personal information about an individual for the purpose of direct marketing unless:
- Racing Australia collected the information directly from the individual;
- the individual would reasonably expect Racing Australia to use or disclose the personal information for that purpose; and
- the individual has not opted out of receiving direct marketing.
7. ACCESS TO PERSONAL INFORMATION AND CORRECTION
An individual can access his or her own personal information by contacting Racing Australia's Privacy Officer, who will respond within a reasonable period after the request is made. In some circumstances, a fee may apply.
Racing Australia will endeavour to take reasonable steps to ensure that the information it holds is accurate, up to date and complete. If the information held by Racing Australia is inaccurate, incomplete or not up to date, the individual may request that Racing Australia corrects the information.
There are some circumstances in which Racing Australia is entitled to deny a person access to information, in part or full. These include, amongst others, circumstances where:
- Racing Australia believes that giving access would pose a serious threat to the life, health or safety of any individual, or to public health or public safety;
- giving access would have an unreasonable impact on the privacy of other individuals;
- the request for access is frivolous or vexatious;
- the information relates to existing or anticipated legal proceedings between Racing Australia and the individual, and would not be accessible by the process of discovery in those proceedings;
- giving access would reveal evaluative information generated within Racing Australia in connection with a commercially sensitive decision-making process;
- giving access would be likely to prejudice one or more enforcement related activities conducted by, or on behalf of an enforcement body;
- giving access would be unlawful (e.g. if providing the information would amount to a breach of legal professional privilege or a breach of confidence); or
- denying access is required or authorised by or under an Australian law or a court/tribunal order.
If any request for access to information is to be denied in part or full or not provided in the manner requested by an individual, Racing Australia will give the individual a written notice which includes the reasons for the refusal except to the extent that, having regard to the grounds for the refusal, it would be unreasonable to do so.
8. DATA AND SECURITY
Racing Australia holds personal information in a number of ways, including in hard copy documents, electronic databases, email contact lists, and in paper files held in drawers and cabinets. Paper files may also be archived in boxes and stored offsite in secure facilities. We take reasonable steps to:
- make sure that the personal information that we collect, use and disclose is accurate, up to date and complete and (in the case of use and disclosure) relevant;
- protect the personal information that we hold from misuse, interference and loss and from unauthorised access, modification or disclosure; and
- destroy or permanently de-identify personal information that is no longer needed for any purpose that is permitted by the APPs.
You can help us keep your information up to date by letting us know about any changes to your details, such as your address, email address or phone number.
The steps we take to secure the personal information we hold include website protection measures (such as firewalls and anti-virus software), security restrictions on access to our computer systems (such as login and password protection), controlled access to our corporate premises, policies on document storage and security, personnel security, staff training and workplace policies.
Note that Racing Australia also collects:
- information relating to the Racing Australia databases that individuals access via a Website; and
- cookies from individuals’ computers, which enables it to tell when a person uses a Website and also helps customise that person’s Website experience.
9. LINKS TO OTHER WEBSITES
Racing Australia provides links to external websites from its Website. These sites are not under the control of Racing Australia and, as such, it is not responsible for the privacy practices or content of the organisations linked to any Website. Before an individual discloses personal information on any external website, Racing Australia advises you to read and understand the privacy policies of those organisations.
10. ADDITIONAL RIGHTS - EUROPEAN UNION RESIDENTS
If you are located in the European Union you may have additional rights to those set out above. Some of these rights will only apply in limited circumstances.
The right to erasure - you have the right to request that Racing Australia erase your personal data, under certain conditions. This right only applies in limited circumstances and will not usually apply where it remains necessary for us to process your information for the purposes for which it was collected (e.g. to maintain a register of racehorse owners or for the processing of prizemoney), or if we are otherwise required by law to retain your information or your information is relevant to a legal dispute.
The right to restrict processing - you have the right to request that Racing Australia restrict the processing of your personal data, under certain conditions. For example, these rights will not usually apply when we need to process your information to carry out our day-to-day business functions or where we have a legitimate interest in processing your information.
The right to object to processing - you have the right to object to Racing Australia's processing of your personal data, under certain conditions.
The right to data portability - you have the right to request that Racing Australia transfer the data that we have collected to another organisation, or directly to you, under certain conditions.
Where we rely on your consent as the legal basis for processing your personal information you may withdraw your consent at any time.
11. CONTACT US
Your privacy is important to us. Please contact Racing Australia's Privacy Officer if you have any questions:
Name: Racing Australia - Privacy Officer
Address: Level 11, 51 Druitt Street, Sydney NSW 2000
Email: privacy@racingaustralia.horse
Phone: (02) 8072 1918
If you are concerned about a possible interference with your privacy, please contact Racing Australia's Privacy Officer and we will investigate the matter. Complaints to Racing Australia must be made in writing. If you do not receive a response within 30 days or your concern is not resolved to your satisfaction, you can refer the matter to the Office of the Australian Information Commissioner (OAIC).
Before you can lodge a complaint with the OAIC, you will generally need to complain directly to Racing Australia. Details on how to lodge a complaint with OAIC are set out on the OAIC’s website at www.oaic.gov.au. The OAIC can also be contacted on 1300 363 992.
Updated 9 August 2021