Privacy Policy

WAN PRIVACY POLICY

1.  What this Privacy Policy Covers
This Privacy Policy covers West Australian Newspapers Limited’s (ABN 98 008 667 632) and its related corporations (as defined by the corporations
Act 2001) (WAN)

1.1.    Treatment of personally identifiable information that WAN collects about you when you deal with WAN.

1.2.    The  standards  to  be  observed  by  WAN  print  and  print  online publications in the course of journalism

2.  Information Collection

2.1.    What information WAN collects

2.1.1.    WAN collects personally identifiable information whenever you deal with WAN, for example if you register for a WAN advertising account, when you use WAN products or services, and when you entre promotions or sweepstakes.

2.1.2.    Generally, we ask for your name, email address, birth date, gender, and post code.   Once you supply these details to WAN, you are not anonymous to us.

2.1.3.    Where the internet is used, WAN also automatically receives and records information on our server logs from your browser, including you IP address, WAN cookies information, and the page you requested.

2.1.4.    WAN may also collect your personal information from a variety of sources, including from advertisers, mailing lists, recruitment agencies, contractors and business partner.

2.1.5.    If, at any time, you provide personal or other information about someone other than yourself, you warrant that you have that person’s consent to provide such information for the purpose specified.

2.2.    Information Use

WAN uses the information it collects about you for the following purposes.

2.2.1.    Primarily to provide you with products or services you have requested from WAN.
 
2.2.2.    To provide you with news and information about our products or services.

2.2.3.    To send marketing and promotional material to you that we believe you may be interested in which relates to WAN’s businesses or third party businesses.

2.2.4.    To   communicate   with   you,   including   by   email,   mail   or telephone, to conduct competitions or promotions on behalf of WAN and third parties.

2.2.5.    For all purposes necessary and incidental to the provision of any goods or services to you by WAN or anyone on behalf of or in affiliation with WAN.

2.2.6.    To verify your identity and personal information.

2.2.7.    To  administer  any  contracts  between  you  and  WAN,  to investigate any complains and to ensure that you activities are not unlawful.

2.2.8.    As required or permitted by any law.

2.3.    Cookies

2.3.1.    WAN may set and access WAN cookies on your computer.

2.3.2.    WAN    allows    other    companies    that    are    presenting advertisements on some of our pages to set and access their cookies on your computer.  The way other companies use their cookies is subject to their own privacy policies, not this one. Advertisers or other companies do not have access to WAN’s cookies.

2.3.3.    WAN  uses  we  beacons  to  access  our  cookies  within  and outside our network of web sites and in connection with WAN products and services.

2.4.    Editing and Deleting Your Information

2.4.1.    WAN gives you the ability to edit or delete your information at any time.  Should you wish to do so, please contact us at The West Australian (attention Group General Counsel), GPO Box D162 Perth WA 6840, or contact the Group General Counsel on (08) 9482 3111.

2.5.    Security

2.5.1.    WAN will take all reasonable steps to protect your personal information.
 

2.5.2.    However,  the  security  of   online  transactions  cannot  be guaranteed, so you supply us with personal information at your own risk and we do not accept any liability for the loss or misuse of your information when its security is not within your control.

2.6.    Opt out or editing

2.6.1.    If you do not want the details to be used for the purposes stated above please write to us at The West Australian (attention Group General Counsel), GPO Box D162 Perth WA
6840, or contact the Group General Counsel on (08) 9482
3111 and WAN will ensure that the details are not used for that purpose.

2.7.    Consent

2.7.1.    You consent to WAN using your personal information as set out above in this Privacy Policy.

3.  Standards in the course of journalism

3.1.    This policy applies in the following circumstances

3.1.1.    Publication  of  person’s  personal  information  concerning  a person’s personal or private affairs;

3.1.2.    Publication  of  information  which  interferes  with  a  person’s private seclusion.

3.2.    Identifiable person

3.2.1.    For this policy to be breached, a particular person must be identifiable from the publication.  That person can be a private individual or a public figure.

3.2.2.    A person is identifiable if, from the publication, the person’s identity is apparent or can reasonably be ascertained.

3.3.    Personal information

3.3.1.    Personal information can include tacts about a person’s health, personal relationships, financial affairs, sexual activities, and sexual    preferences   or   practices.      It   can   also   include information about a person’s racial or ethnic origin, political opinions,  membership  of  a  political  association,  religious beliefs or affiliations, philosophical beliefs, membership of a professional  or  trade  association,  membership  of  a  trade union, criminal record and other sensitive personal matters.
 
be private.

3.4.    Seclusion

3.4.1.    A person’s seclusion may be intruded upon where

3.4.1.1.    He or she would have a reasonable expectation that this or her activities would not be observed or overheard by others; and

3.4.1.2.    A person or ordinary sensibilities would consider the publication of these activities to be highly offensive.

3.4.2.    Depending on the circumstances, this may include everyday activities and it will usually include sexual activities.

3.4.3.    The invasion must be more than fleeting.  It is possible for this to occur in a public space.

3.5.    Consent

3.5.1.    If consent is obtained prior to the publication of material, then the person waives his or her claim to privacy protection.

3.5.2.    Consent can be express such as when obtained in writing.  It can also be implied; for example, where a person is a willing participant in an interview.

3.5.3.    If a person has actively drawn attention to material that would usually be considered private, this may be taken as consent.

3.5.4.    There will be no waiver if consent is obtained by deception.

3.5.5.    Consent to the publication of private information or material that would breach privacy may be withdrawn before it is first published, if in all the circumstances it is reasonable to do so.

3.5.6.    The use of material that has been surreptitiously obtained will be an indicator that the person has not (at least at the time the material was obtained) consented to the publication.  Consent to the use of such material can be given after the material has been obtained but before publication.

3.5.7.    The absence of an objection will not automatically be taken to be consent.

3.6.    Children and vulnerable people
 
child (a person of 16 years or under) or a vulnerable person.  A person’s vulnerability may be intrinsic (for example, where a person has a mental illness or difficulty communication in English) or it may be situational (for example, where a person is bereaved or has be involved in a distressing event.  Images of dead or seriously wounded people which may seriously distress or seriously offend a substantial number of readers should be displayed only when there is an identifiable public interest reason for doing so.  Reasonable steps must be taken to ensure that murder or accident victims are not identified directly or, where practicable, indirectly before their immediate families are notified by the authorities.  Reports of suicide or attempted suicide should only be published where there is an identifiable public interest reason to do so and should exclude any detailed description of the method used.   Such reports must  be  straightforward  and  must  not  be  include  graphic details or images, or glamorise suicide in anyway.

3.6.2.    A parent or guardian’s express consent should be obtained before using material that invades a child’s privacy.  However, parental consent alone will not always be sufficient for a publisher to comply with its privacy obligations.   Extra care must be taken before naming or visually identifying a child in matters concerning the child’s health, welfare or personal information, or where the child or his or her immediate family is involved in criminal matters or court proceedings.

3.6.3.    Even where consent is obtained, there may be circumstances where a person of ordinary sensibilities would consider the use of material that invades a child’s or vulnerable person’s privacy to be highly offensive.

3.7.    Public figures

3.7.1.    Public figures such as politicians, celebrities, prominent sports and business people and those in public office do not forfeit their right to privacy in their personal lives.  However, it is accepted that public figures will be open to a greater level or scrutiny of any matter that may affect the conduct  of their public activities and duties.

3.8.    Material in the public domain

3.8.1.    Using  material  that  is  already  in  the  public  domain  will generally not be an invasion of privacy.

3.8.2.    This includes the use of material obtained from online social media sites, unless access restrictions have been breached. However,   the   absence   of   access   restrictions,   while   an
 
be taken of the nature of the material and the context in which it has been published.

3.8.3.    Using material that has previously been disclosed by a person on the confidential basis, or to a limited or cloed circle of recipients, may be an invasion of his or her privacy.  Its private nature may be implied even if there was no express request to keep it confidential.

3.8.4.    Using  material  that  is  already  in  the  public  domain  will generally not be an invasion of privacy.

3.8.5.    This includes the use of material obtained from online social media sites, unless access restrictions have been breached. However,   the   absence   of   access   restrictions,   while   an important consideration, will not be determinative.  Account will be taken of the nature of the material and the context in which it has been published.

3.8.6.    Using material that has previously been disclosed by a person on the confidential basis, or to a limited or closed circle of recipients, may be an invasion of his or her privacy.  Its private nature may be implied even if there was no express request to keep it confidential.

3.9.    Public Interest

3.9.1.    The publication of private information or material that invades privacy, without consent, will not breach this policy if there Is a clear and identifiable public interest in the material being published.  The public interest is assessed at the time of the publication.

3.9.2.    Whether something is in the public interest will depend on all the circumstances, including whether a matter is capable of affecting the community at large so that citizens might be legitimately interested in or concerned about what is going on.

3.9.3.    Public  interest  issues  include  public  health  and  security; criminal activities; corruption; misleading and public; serious anti-social    behaviour;    politics;    government    and    public administration;    elections;   and   conduct   of   corporations, businesses, trade unions and religious organisations.

3.9.4.    Not all matters that interest the public are in the public interest.

3.9.5.    Any  material  that  invades  a  person’s  privacy  in  the  public interest must directly or indirectly contribute to the public’s capacity to assess an issue of importance to the public, and its
 
be proportionate and relevant to those issues, and not disclose peripheral facts or be excessively prolonged, detailed or salacious.

3.9.6.    In the case of public figures, the publication of material that invades the person’s privacy may be in the public interest if it raises or answers questions about any of the following:

3.9.6.1.    The person’s appointment to or resignation from public office

3.9.6.2.    The person’s fitness for office

3.9.6.3.    The person’s capacity to carry out his or her duties

3.9.6.4.    Conduct or behaviour that contradicts the person’s stated position on an issue.

3.9.7.    However, it is unlikely to be in the public interest if it is merely distasteful, socially damaging or embarrassing.

3.10.  Breach of this policy

3.10.1.  In order for there to be a breach of this section of this Privacy
Policy there will need to be

3.10.1.1.  Identification of a person from published material;

3.10.1.2. The publication must disclose personal information or intrude  upon  the  person’s  seclusion  in  more  than  a fleeting way.

3.10.2.  If the matters in 10.1 are satisfied there must also be

3.10.2.1.    No  consent  to  publication  from  the  person,  or  that person’s parent or guardian;

3.10.2.2.    The  material  published  must  not  have  been  readily obtainable from the public domain;

3.10.2.3.    No public interest in the invasion of privacy.

4.  Changes to this Privacy Policy

4.1.    WAN may edit this policy from time to time.  We will publish these changes in this policy, as soon as they are made.