[last updated January 2023]
We may update this policy from time to time and the updates will apply from the date the new version is uploaded to our website. We have included a ‘last updated’ date at the top of our policy to help you keep track of any changes. You should regularly check here for any recent changes that are relevant to you and displayed on our website.
We collect, hold, use, edit and disclose personal information in the delivery of our services, to provide products and services you have requested and to send you information about our services. We may obtain, film, use or edit your images, voice, movements and any other relevant personal information in the delivery of our services, such as the creation of interactive media, a corporate event video, music or dance video, or photography-related services and alike.
Our contact details:
Captivate Media [ABN 37 285 718 031]
The terms ‘us’ or ‘our,’ refers to our business and related websites, as identified above.
Any references to ‘you,’ ‘user’ or ‘your,’ mean you, the user of our services or visitor to our website or related websites or platforms. Any reference to ‘you’ may also include your family members, film subjects, participants or audience in any video or music production, or any other person included in the delivery of our services.
‘Personal information’ is information that directly identifies you, such as your name and email address, or data that could be used, on its own or in combination with other data, to identify you. It has the meaning given to it in the Australian Privacy Act 1988 (Cth) (‘the Act’). It does not include information we hold or use about the business you are associated unless that information identifies you personally. Sensitive information is personal information requiring special protection and includes information about your finances (if you supply this to us). For the purposes of this policy, we are including sensitive information within personal information.
1. Staying Anonymous
You can browse our website anonymously or choose to identify yourself to us. When you identify yourself to us, such as when you purchase one of our products or services, we will collect your personal information. We also collect your personal information when you complete our online form to contact us, by emailing us or calling us directly.
We obtain your personal information when you, or another person on your behalf, engages our film and photography services, and if you would prefer to not have your images or video recordings made, please advise us or the person who engaged us, before you purchase our services.
2. Collecting Personal Information
We collect and use your personal information to provide our products and services, on the terms and conditions set out in our agreement with each of our clients. When you communicate with us, including by making a booking or purchasing a product, you grant us permission to collect and use your personal information. If you have any concerns regarding your consent to our use of personal information, including the consent of any minor participants, or audience members, please contact the person who engaged our services or your nominated event organiser. We also collect personal information about you is when you give it to us, for example:
- when you contact us by phone or email or through our online system
- when you submit information to our website by filling in the contact form or emailing information to us about your requirements
- through a voice recording, when you contact us by telephone
- when you ask for access to information we hold about you
- when you place an order with us for video recordings or images we have taken through the engagement of our services
You agree that we may keep your personal information for as long as it is required for the purpose it was collected or for an additional amount of time if we are required to do so under applicable laws.
3. Collecting sensitive information
Sensitive personal information is defined as including information about your health, racial or ethnic origin, political opinions, religious beliefs, sexual orientation, criminal history and some biometric information.
We may inadvertently collect sensitive personal information about you or any other person, including participants or audience members during the engagement of our services. If we unintentionally receive information about you that is sensitive or personal information, we will only store it or otherwise use it in such a way that is required to deliver our services. You understand that it is possible that some sensitive information, such as your image, movements, face, voice and alike, may be present in any interactive media or video recording that is sold to a wide variety of audience members. Unfortunately due to the nature of filming or photographing a performance, we are unable to edit out particular members of the performance, event, audience, support crew or other participants.
We use third party service providers such as Stripe or PayPal, to process payments from you but will not store any payment information in our system.
4. Social Networking Services and links to other websites
We may provide links to other websites or use social media platforms, such as Facebook, Instagram, YouTube or Twitter to promote our services.
You agree to read and agree to each social media platform’s own privacy policies first and consider if they are suitable to you before you use them. When you communicate with us using these platforms, we may collect your personal information. We will only use it to help us to communicate with you and the public or to promote services.
Whenever you provide us with a review or testimonial, you give us your consent to use your name, likeness, logo, image, suburb, service you are reviewing and the date of the product or service delivery to be displayed on our website or in our other marketing material, together with the content of the testimonial that you provide. We may also use completed film, final images and behind-the-scenes photography for showreel and advertising purposes. We may store and/or use your review and any of our products used for advertising, for as long as the information is relevant to our business. You understand that you will not receive any payments or rewards for a review or testimonial.
Depending on your settings, your web browser may automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. Some website features may not function properly without cookies.
The information collected by these tools may include:
- the IP address of a device you are using,
- information about sites that IP address has come from,
- the pages accessed on our site, and
- the next site visited.
We use the information to help to track your use of our websites. This helps to improve your user experience and the quality of our services. Additionally, we may also use that information to customise advertising about our services to suit you. To find out how to opt out of tailored advertising please check the options available here – http://www.networkadvertising.org/choices/.
7. Security and overseas recipients
We take security seriously and use trustworthy password protection for our online systems and any paper records are stored securely when not in use. Whilst every care is taken, we are unable to individually verify the authenticity of connection that every purchaser of our products and services has to a particular performance and therefore you acknowledge and agree that a final edited version of your video recording, performance or participation in an interactive media recording may be sold to a public audience outside of our control.
We may rely on other third-party providers such as document management systems, text messaging services, email services and alike that may be located overseas or may have storage or processing facilities located overseas. We aim to use only reliable providers who are able to store the information you have provided to us securely. We aim to use providers who are located in Australia, where possible.
Your information may be accessed in a country outside of Australia without any protective laws surrounding privacy and personal information use. When you use our services, you agree to any incidental transfer of your data overseas.
We will disclose your personal information when legally compelled to do so, in cooperation with the police, or under subpoena, or in compliance with Australian privacy laws.
You acknowledge that the personal or sensitive information that we collect about you may be used to supply our products and services to you. Our finished products made available to you to purchase, may consist of film, images and voice recordings of you and/or other participants and audience members. We store copies of the edited footage and data and sell the final recording and images, with your consent. You acknowledge your consent is impliedly given when you or the person who engaged our services requested professional recordings of the corporate event, music or dance performances or similar event. In the alternative, you have given your consent to the event organiser to engage us in a professional capacity to provide goods and services to you.
We may share your personal information with our advisors for the purpose of obtaining their advice about our business (for example our accountant), with our service providers for the purpose of their delivery of services (for example IT consultants) and with our payment platform if we need to provide details about payment transactions.
9. Accessing and correcting your personal information
If you would like copies of any information we hold about you, you may request it in writing.
Please note that provision of information excludes copies of any products available through our online stores. This is despite any products containing any personally identifiable information (PII). Due to the nature of our work, copies of the information we hold about you usually consists of images, film and/or alike and we may charge you a handling fee, in addition to the price of the product, to supply another copy of the final edited film or images if your request is greater than 90 days after the final copies have been provided to you or the person who engaged our services.
You may make a request to amend or correct any information we hold about you. If we do not agree with your requested change, we will keep a copy of your request along with our information. If you contact us to make a personal information request, we will need to sufficiently identify you before we can provide you with details of any information, we hold about you.
If you have any concerns about our use of your personal or sensitive information, please contact us in writing, using the details provided, and let us know your concerns. We will respond to you within 30 days.
After you have first contacted us, if you are still not happy with how we manage your concerns, you can contact the Australian Privacy Commission, available at http://www.oaic.gov.au.