1. About ALWAYS LIVE
ALWAYS LIVE (“we”, “us”, “our”) refers to ALWAYS LIVE Limited. ALWAYS LIVE Limited (ACN 647 318 456) is an Australian Public Company, limited by guarantee. We provide a broad range of services related to the provision of contemporary live music in Victoria, including the curation and annual presentation of the ALWAYS LIVE program of live music events.
We are committed to ensuring that we manage personal information and sensitive information in an open and transparent way and comply with our obligations under the Privacy Act 1988 (Cth)(which includes the Australian Privacy Principles) (collectively, “Australian Privacy Laws”), and to the extent it applies, the EU General Data Protection Regulation 2016/679 (the GDPR).
2.What is “personal information”, “sensitive information” “personal data” and “usage information”
“Personal Information” means information that can be used to personally identify you such as your name, contact details, birth date, and payment details. We do not knowingly collect or process the Personal Information of anyone under the age of 15 without the consent of their parent or guardian.
“Sensitive Information” is a special type of Personal Information that relates to health information (including dietary requirements), political beliefs, ethnicity, membership of a professional or trade association, sexual preferences, philosophical beliefs, or criminal record. We will not collect Sensitive Information except if collection of such information is necessary for employment purposes or otherwise with your consent.
“Personal Data” individually and collectively means Personal Information and Sensitive Information.
In the case of ALWAYS LIVE, examples include collection and storage of names, addresses, email addresses, telephone numbers, other contact details such as social media handles, music and event preferences and other useful information such as clickstream, merchandise and event ticket purchase data. We also do not collect, hold or store any credit card (PCI) information.
The GDPR recognises that some information, whilst for the most part anonymous, can be cumulatively used to identify you directly or indirectly. This information is defined as “Usage Information”, meaning anonymous aggregate data that may be automatically collected through your use of ALWAYS LIVE services. This includes information that identifies your device, your operating system, your IP address, and dates and times of access and use. ALWAYS LIVE may collect Usage Information that can be used to identify you in any way, together with your Personal Data, in order to provide our services.
3.What personal data may be collected
3.1 We collect Personal Data which is reasonably necessary for, or directly related to, one or more of our functions or activities. The kinds of Personal Data that we collect will depend on the primary purpose for which such information is required. Below are some examples which may be applicable:
(a) ‘contact information’, such as your name, phone numbers, address details, email address and social media details (Facebook name, or Instagram handle, for example);
(b) your year of birth and information related to your preferred music genre interests;
(c) your interest in specific listed events, interest in possible ticket purchase and attendance information;
(d) purchase information for ALWAYS LIVE-related purchases (this does not include any personal credit card related payment information);
(e) copies of communications between ALWAYS LIVE and you (directly or via an ALWAYS LIVE partner);
(f) other personal data provided voluntarily by you. For example, this could be information provided by you as part of an online subscription, membership or loyalty program participation, or in response to surveys or competitions;
(i) non-personally identifiable information, such as your IP address, browser type, web pages visited;
3.2 We may also collect and use personal data that is given to us by a third-party in the course of its business, provided such collection and use is reasonably necessary for ALWAYS LIVE or the third party’s operations or activities, or legitimate interests. Examples of such third-parties include partners, ticketing partners and agencies, promoters, marketing agencies and research service providers, as well as publicly available sources of information.
3.3 We may collect necessary Sensitive Information with your consent, such as details of your academic qualifications and career history as provided by you, reference and role-appropriate background checks (including reference checks, police checks, working with children checks and completed declarations and related documents) if:
(i) you apply for, and/or obtain employment or a volunteer position;
(ii) you are proposing to, or provide certain services to ALWAYS LIVE;
(iii) you are engaged as a contractor by ALWAYS LIVE.
3.Why we collect personal data
We may collect and use your Personal Data to allow us to conduct and administer our business operations and to market and provide products and services. For example, this information is used to ensure that our content, services and communication remain in step with the changing needs and expectations of our audiences.
We also use this information for quality assurance purposes to constantly improve the relevance and appeal of the events we include in each year’s ALWAYS LIVE Program and Always Live generally.
For the avoidance of doubt, we will only use your Personal Data for purposes that you would reasonably expect us to use your Personal Data for in connection with providing the goods and services to you, or where we are required by law to collect your Personal Data. We will not sell, rent, or license your email address or any of your Personal Data.
Some of the Personal Data we collect or request may be required in order to allow ALWAYS LIVE or one of our partners or sponsors to provide requested products or services to you. Other information is optional. Whilst you have control in the Personal Data you choose to provide to us or remain anonymous, if you decide not to give us some, or all, of the Personal Data we might request, it may affect:
(a) our ability to provide products or services to you;
(b) our ability to communicate effectively with you;
(c) your ability to participate in events, activities and experiences provided by ALWAYS LIVE; or,
(d) your ability to apply for secure employment or volunteer positions with us.
If it is unreasonable or impracticable for us to deal with you in circumstances where you have not provided the information or consents that we have requested, we may have no realistic option but to decline to do so.
4.How and when we collect personal data
By way of example, Personal Data and Usage Information may be collected:
a. when you engage with our Websites and Digital Assets (this is explained in specific detail in the next section);
b. when you elect to receive entertainment or event-related newsletters or other information from us;
c. when you enter a competition or promotion that is being conducted by, or on behalf of ALWAYS LIVE (for example; by us or by sponsors, partners, promoters, authorised event organisers or our marketing suppliers);
d. when you engage with us via social media;
e. when you contribute images, audio or video content for us to use on our website and/or social media channels;
f. when you attend an ALWAYS LIVE event or activity and engage with a data collection device such as a QR code, beacon, online or printed form;
g. when you purchase tickets to an ALWAYS LIVE event from an authorised promoter, event organiser or ticketing partner;
h. when you purchase merchandise, products or services from us or from an authorised promoter, event organiser or partner;
i. when you provide us with information in an application or consent form, survey, feedback form, incident report or complaint.
j. when you respond to an ALWAYS LIVE Expression of Interest (EOI). An EOI is typically a request to be considered for collaboration and/ or inclusion in some aspect of the ALWAYS LIVE annual program;
k. when you email us or contact us by telephone or mail;
l. when you enter your Personal Data, or agree to your Personal Data being entered into one of ALWAYS LIVE’s online IT systems; and,
m. when you apply for employment or to volunteer with us.
5. Collection via ALWAYS LIVE Websites and apps
5.1 We collect Personal Data when you provide your Personal Data or agree to your Personal Data being provided via our websites. These include, without limitation https://www.alwayslive.com.au and social media pages (“Websites”) and the Always Live app (collectively, the “Digital Assets”).
In addition to Personal Data, we may collect Usage Information via our Digital Assets for service management, statistical and reporting as well as product and service development purposes, as further detailed below.
a. Clickstream information - ALWAYS LIVE uses Google Analytics, Google Signals and other Google web services to monitor and optimise the performance of our digital assets. These services allow us to monitor which areas of our Digital Assets are most frequently visited and to continually improve the online experience we provide to our audiences.
This information may include:
I. the number of users visiting the Digital Asset and the number of pages viewed by such users;
II. the date, time and duration of your visit;
III. the IP address of your computer;
IV. your browser software;
V. your path taken through the Digital Asset; and,
VI. the links you select to external websites and services (typically artist websites and relevant ticketing partners) via links provided within our Digital Assets. (more information is provided in clause 5.f)
In some cases, we may combine data from one or more of these analytics tools to gain a more thorough understanding of the behaviour and preferences of visitors to our website or apps. The information collected is used to administer and improve the performance of the Digital Assets and to better understand what is of interest to you.
b. Cookies - Cookies are small text files that are transferred to a user’s computer hard drive by a website for the purpose of storing information about a user’s identity, browser type or website visiting patterns.
I. If you access the Websites or click-through an email we send you, a cookie may be downloaded onto your computer’s hard drive. However, cookies will not identify you, your email passwords or your bank account details;
III. You can configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is sent. Please check the “Help” menu of your browser to learn how to change your cookie preferences;
c. Web beacons - are images that originate from a third-party site to track visitor activities. Typically, these are 1x1 pixel images used in web pages or e-newsletter. ALWAYS LIVE may use web beacons to track the visiting patterns of individuals accessing one of our Digital Assets.
d. Advertising – Our email systems may monitor your response to our advertisements, emails and content, and determine the email format best suited to your email client. We may compile aggregated statistics about an email campaign and share this anonymised data with our sponsors and partners in order to quantify the impact of our marketing activities.
e. QR codes and NFC chips - we may invite you to use QR codes or NFC chips in conjunction with our websites and mobile apps. These assist you in your participation in our membership and/or loyalty programs.
f. External links - We may provide links from our Digital Assets to third-party web sites and digital assets. Examples would be outbound links from a specific artist, event or performance area within our program directory to the website of that artist or their promoter, or to a ticketing partner for the sale of tickets to that event. We collect information about the volume and type of click traffic that our Digital Assets send to these external sites for reporting and event management purposes.
g. Please note that ALWAYS LIVE is not responsible for the privacy practices or the content of these third-party websites. We make no representations or warranties, and we are not responsible for the privacy policies or the content of any third-party website.
7. How we use the data we collect
7.1 Generally, ALWAYS LIVE will only ever use and disclose your Personal Data and Usage Information for the primary purpose for which it was provided by you, for another closely related secondary purpose, or as otherwise permitted by Australian Privacy Laws.
We collect Personal Data and Usage Information from you in accordance with these primary and secondary purposes, to enable us to carry out and improve our business activities and functions as well as to provide you with a consistently high-quality online and physical experience.
In accordance with these purposes, we may use the information we collect to:
a) Keep you informed of additions, changes and modifications to the ALWAYS LIVE event program;
b) Monitor and improve the events and performances that we offer within the program each year and develop new program and engagement opportunities for you;
c) Get a better understanding of you, your needs, your behaviours and how you interact with us in order to identify ways in which we can provide you with a better service, or enhance your experience of our Digital Assets or other services;
d) Improve the relevance of the content we show or share with you. This may include displaying content and advertising that is customised to your interests, preferences and experience, including through online targeted marketing campaigns, data and audience matching and market segmentation activities;
e) Measure or conduct market research on the performance of our marketing and brand activities, and the level of service we provide to you across our various communication channels;
f) Meet our funding agreement reporting obligations;
g) Process and fulfil any purchase requests you might make with us;
h) Provide you with relevant information, including promotions and offers, related to our program of events, and/or the products and services of our partners or sponsors. You are able to opt-out of direct marketing at any time if you so choose, by utilising the ‘unsubscribe’ or other similar feature included on all electronic marketing communications, or in the case of other direct marketing materials, contacting ALWAYS LIVE in accordance with clause 10 below;
i) Verify your identity;
j) Complete and retain background checks for employment purposes where necessary;
k) Assist law enforcement and regulatory bodies, when necessary or appropriate; and,
l) For any other purpose identified in any other agreement between you and us.
8. Who we share data with
8.1 ALWAYS LIVE may use or disclose your Personal Data for the primary purpose for which it was provided by you, or for secondary purposes that you would reasonable expect to be related to the primary purpose, or as otherwise permitted or required by Australian Privacy Law. We may be required to share information for the following reasons:
a) We may disclose information to our contracted third-party suppliers, marketing and research agencies, technology service providers. These third-party entities assist us in the conduct of our core operations and delivery of this primary purpose, and may be based in the United States of America, Canada and Singapore. This assistance may include helping us operate our computer systems, operating certain features accessible from our website, sending out our mail/email, fulfilling requests for information related to our program, or related promotions or offers, cleaning collected data and performing data analysis to group demographic attributes of individuals.
Each of these third-party entities are required to protect your information on the terms set out in their agreement with ALWAYS LIVE, which include requirements related to compliance with all appropriate confidentiality provisions and Australian Privacy Laws as applicable;
b) We may disclose Personal Data with Visit Victoria, but only where you have given us explicit permission to do so;
c) We may need to provide Personal Data to enable our venues and partners to fulfil services requested by you, including ticketing or event attendance. We will not share personal information for marketing purposes to anyone without your permission, and you will always be able to opt-out of these communications;
d) We may share de-personalised information with sponsors and partners in order to fulfil services requested by you;
e) From time to time, we may pass de-personalised information to our research and analytics agencies for economic impact assessment and product and service development purposes;
While we may under certain circumstances present promotions and offers from ALWAYS LIVE sponsors and partners within our own communications, we will never sell or share your Personal Data with any third party for marketing purposes.
8.2 ALWAYS LIVE will not otherwise disclose or use Personal Data without your consent, unless the disclosure is:
(a) in accordance with this Policy or any agreement with you;
(b) required or authorised by Australian Privacy Laws, including the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth).
9. Data security
9.1 ALWAYS LIVE takes active steps to ensure that any Personal Data that is retained by us is protected by appropriate technical and organisational processes and procedures.
a. Examples of these steps may include ongoing monitoring of our internal systems and enforcement of a strict staff data security policy, regularly reviewed need-to-know access list, firewalls, data encryption, intrusion detection, two factor authentication, and the separation of databases. We also maintain strict pass card-monitored building and floor access and maintain and enforce a daily clean desk policy for all Sensitive Information;
c. All printed material that may include Personal Data is kept in a locked environment and returned to that environment prior to, or at the conclusion of each day;
d. All ALWAYS LIVE employees, contractors and volunteers are bound to the requirements of this policy as well as our ALWAYS LIVE Data Security Policy and Procedures document and confidentiality, non-disclosure and limited use constraints as part of their engagement agreement with ALWAYS LIVE;
d. All third-party systems used to collect or hold personal data on behalf of ALWAYS LIVE are required to maintain high data encryption and protection standards. Our email system service providers meet the requirements of EU-U.S. Privacy Shield and/or Swiss-U.S. Privacy Shield and undertake regular independent staff training, access audits and third-party penetration testing;
e. Strict data protection processes and procedures are in place to protect data transferred to us by venue and ticketing partners, and in the event that data is transferred between ALWAYS LIVE IT systems;
However, no server is guaranteed to be 100% secure and unauthorised access may occur, despite our taking all reasonable steps. As our website is linked to the internet, and the internet is inherently insecure, we cannot provide any assurance regarding the security of transmission of information you communicate to us online. We also cannot guarantee that the information you supply will not be intercepted while being transmitted over the internet. Accordingly, any personal information or other information which you transmit to us online is transmitted at your own risk.
10. Contacting us, access & corrections
10.1 You can access or correct your Personal Data provided to us at any time. We will do our best endeavours to ensure your Personal Data is correct, however it is your responsibility to update your Personal Data where necessary, for us to provide our services to the best of our ability. To access or correct Personal Data we may hold, and for enquiries, please contact our Privacy Officer. You can contact our Privacy Officer directly by email or mail.
- Email - email us at firstname.lastname@example.org
- Mail - please direct your letter to:
Always Live Limited
99 King Street
Melbourne Vic 3000
10.2 Specific rights for EU residents only
If you are located in the European Union, then you may have additional rights under the GDPR (subject to some exceptions), such as:
a) you can withdraw your consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on your consent before its withdrawal;
b) you have the right to object to the processing of your personal data; and
c) you have the right to require us (if we are the data controller) to delete your data in certain circumstances.
This policy was last updated 10 October 2023