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Terms of Use & Privacy

Privacy

Destination Southern NSW is committed to maintaining your privacy.

Your Rights

When you use Destination Southern NSW’s website, mobile website or application your privacy is protected by the Privacy and Personal Information Protection Act 1998 (NSW) (including the Information Privacy Principles (IPPs)) (PPIPA) and Privacy Act 1988 (including the Australian Privacy Principles (APPs)) (Privacy Act).

Destination Southern NSW has introduced practices and procedures to maximise compliance with PPIPA and the Privacy Act. This policy outlines in some detail the purpose for the collection and use of your Personal Information.

Destination Southern NSW’s Obligations

In carrying out its functions and activities, collects Personal Information directly from you through its website for various purposes that relate to the development and promotion of tourism and events in New South Wales. The provision of your Personal Information on Destination Southern NSW’s website is voluntary. However, if you choose not to provide your Personal Information we may not be able to forward the material that you are requesting or provide you with one of the numerous services available through this website.

Purpose of this Policy

This privacy policy details the collection of Personal Information by Destination Southern NSW.

Destination Southern NSW will only collect Personal Information for a lawful purpose which directly relates to our primary function and for obtaining feedback about the effectiveness of our services. Destination Southern NSW will not collect any more information than is necessary for it to fulfil these functions.

Destination Southern NSW will collect, store, use and disclose Personal Information in accordance with the PPIPA, the Privacy Act and any other relevant laws and codes of practice in operation from time to time.

Destination Southern NSW is responsible for the overall management of the Personal Information we collect from you, store, access, use and disclose.  Anyone engaged to collect, store, use or disclose Personal Information for or on behalf of Destination Southern NSW will be required to comply with the IPPs and the APPs, as part of their terms of engagement.

Collecting Personal Information

Market Research Surveys

Surveys are designed to collect specific market research and/or demographic information that Destination Southern NSW may use for planning and strategy development. The Personal Information that is collected from you by this survey is de-identified so that your identity can no longer be determined. The original survey is held by Destination Southern NSW. The information is only used in an aggregated form as statistical information.

 

Feedback

Destination Southern NSW values any comments you may have concerning the structure or content of this website. Your comments will be kept on file for planning purposes, so that our future upgrades to the website can incorporate the wishes of our users. Your e-mail comments will be kept solely for the purposes of future planning and will not be integrated into any of our consumer databases. We will not disclose your e-mail addresses or any Personal Information they may contain, to anyone outside Destination Southern NSW. Should you wish to view your comments at any time please contact us.

Destination Southern NSW may provide feedback facilities on their websites to allow users to provide input into the future development of the sites and to comment on the provision of service by Destination Southern NSW. The provision of personal details on feedback is optional.

Users may provide personal details for the purpose of receiving a reply to their feedback. This Personal Information will only be used for the purpose for which it was provided. We will not add your email address or name to any mailing list.

Destination Southern NSW may publish aggregated information about feedback on the site, but will ensure that this aggregated information cannot be used to identify individual users.

Collection of your Personal Information

Destination Southern NSW’s collection of Personal Information is performed in an open manner.  Accordingly, you will be informed when your Personal Information is being collected, how it will be used, how it will be stored, who else might have access and any consequences where the requested Personal Information is not provided.

Destination Southern NSW will ensure that any Personal Information collected is relevant to Destination Southern NSW’s purpose, is accurate, complete and up-to-date.

Destination Southern NSW will collect information directly from you, unless it is reasonably impracticable to do so.

Email Addresses

Email addresses are recorded when an email message is sent to Destination Southern NSW or when a user subscribes to an online mailing list.

These email addresses are stored electronically in accordance with standards and authorities under the State Records Act 1998 (NSW). An email address is only used for the purpose for which it is provided and is not added to any unauthorised mailing list or disclosed to other organisations unless you request that this to be done.

If you have subscribed to one of Destination Southern NSW’s online mailing lists, you can easily remove your email details from the list by unsubscribing. Each mailing list provides clear instructions on how to unsubscribe.

Use of Personal Information within Destination Southern NSW

Destination Southern NSW will only use, communicate or handle Personal Information for the primary purpose for which the information was collected, or in circumstances where you consent to other use of your Personal Information.

Disclosure of Personal Information to third parties

Destination Southern NSW will not disclose your Personal Information to anyone without your consent unless legally required to do so.

Exceptions

The circumstances in which Destination Southern NSW will collect, use and disclose more extensive information than stated above in the following circumstances:

unauthorised attempts to access files which are not publicly available

unauthorised tampering or interference with files on the listed websites

unauthorised attempts to index the contents of the listed websites

attempts to intercept messages of other users of the listed websites

communications which are defamatory, abusive, vilify individuals or groups or which give rise to a suspicion that an offence is being committed

attempts to otherwise compromise the security of the web server, breach the laws of the State of New South Wales or Commonwealth of Australia, or interfere with the use of the listed websites by other users.

Destination Southern NSW reserves the right to make disclosures to relevant authorities where the use of the listed websites raises a suspicion that an offence is being, or has been, committed. In the event of an investigation, Destination Southern NSW will provide access to data to any law enforcement agency that may exercise a warrant to inspect our logs.

Destination Southern NSW may initiate proceedings in relation to any loss or damage suffered as a result of unauthorised use of information or any of the above circumstances.

Disclosure may also occur where it is lawfully authorised or required under any act, other law or statutory agency or foreign body.

Destination Southern NSW does not have any responsibility for the privacy policies or practices of third party sites linked to from the listed websites.

Access, accuracy and amendments

Destination Southern NSW takes all reasonable steps to ensure the Personal Information it collects is accurate, complete and up-to-date.  Accordingly and as required by the PPIPA, you can access any of your Personal Information that we hold, except in the circumstances set out in appropriate legislation. If you would like to access or update your Personal Information, or if you would like to know more about the Personal Information that we may hold on you please contact us.

Security of your Personal Information

Destination Southern NSW takes all reasonable steps to: protect the security of any Personal Information held, be it stored in electronic or hard copy format.

Internet Use

There are risks associated with the transmission of information over the Internet and you should therefore make your own assessment of the risks in the provision of your information to Destination Southern NSW’s website.

This website contains numerous links to other organisation’s web pages. Destination Southern NSW is not responsible for the information handling practices or privacy policies of those other organisations. Destination Southern NSW can of course provide you with an alternative means of dealing with it, or transacting business with it, if you feel uncomfortable with the electronic transmission of information.

The listed websites may utilise cookies to enhance the user’s experience of the site. A cookie is a small text file that is sent back to your computer’s hard drive from a host website. Cookies record your preferences in relation to your use of a site and provide other information that allows us to recognise you in the future. The cookies on the listed websites do not read the information on your hard drive nor do they make your computer perform any unauthorised actions or make your computer send information to any other computer via the Internet.

You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether or not to allow it. However, if you decide to not accept cookies, some of Destination Southern NSW’s web pages may not display properly or you may not be permitted to access certain information. When you access any of the pages on the website, we automatically record information that identifies, for each page accessed:

the IP (Internet Protocol) address of the machine which has accessed it

your top-level domain name (for example .com, .gov, .au, .uk etc.)

the address of your server

the date and time of your visit to the site

the pages accessed and documents downloaded

the previous site visited

the type of browser and operating system you have used.

The information collected during each visit to our website is aggregated with similar logged information and published in reports in order for Destination Southern NSW to manage its website services and identify patterns of usage of the sites. This will assist us in improving Destination Southern NSW’s sites and the services offered on them.

Destination Southern NSW will not disclose or publish information that identifies individual computers, or potentially identifies sub-groupings of addresses, without consent or otherwise in accordance with the PPIPA.

Confidential Information

Any Personal Information that we collect from you will held by us in the strictest of confidence.

Complaints

If you wish to make a complaint in relation to privacy, you may do so by contacting:

Conclusion

Due to the developing nature of privacy principles for online communication, this policy may be modified or expanded in light of new developments or issues that may arise from time to time.

Terms of Use

The functionality on this website, mobile website and application is provided by Destination Southern NSW.

Where references in these Terms and Conditions is made to “we”, “us” or “our”, then that is a reference to Destination Southern NSW.

By using this Website, you agree with us to be bound by these Terms and Conditions, the privacy policy and any other terms and conditions that appear in or are linked to the Website. If you do not agree to these Terms and Conditions then you should discontinue use of this Website.

Permitted Use

You agree to use the Website solely for your own personal, non-commercial use and agree: (a) not to use the Website in connection with commercial endeavours other than those endorsed or approved by us; (b) not to use the Website for an activity which could be deemed to be defamatory or abusive, in the furtherance of any threatening behaviour or for the purpose of distributing harmful material (including any material that is obscene, indecent, unlawful, defamatory, libellous or racist); (c) not to use the Website for the purpose of, or to obtain any other user’s data or information for the purpose of, sending unsolicited emails or other unsolicited communications to other users or any third party; (d) not to upload or post to the Website any audio, video, images, information, material or other content of any kind other than of a personal nature, provided that you agree not to upload or post any Content containing nudity, or depicting or in any way dealing with any obscene, lewd, violent, harassing, sexually explicit or other objectionable subject matter; (e) not to upload or post to the Website any Content that would constitute, encourage the commission of, or provide instructions for, a criminal offence or any other unlawful activity; (f) not to upload or post to the Website any Content that would violate the rights (including intellectual property rights and rights of confidentiality and privacy) of any party, that creates liability for either us or you, or violates any local, state, national or international law; (g) not to upload or post to the Website any content that is offensive, defamatory or which in our judgement, is objectionable or which restricts any person from enjoying the Website; (h) not to register for a user name and password or create an account to use this Website for anyone other than yourself; and (i) not to impersonate any person or entity or falsely misrepresent yourself.

Minimum Age

You warrant that you are over the age of 13.

Use of Content

With respect to the Website, you acknowledge that you may not use, copy, download, modify, adapt, distribute, transmit, broadcast, communicate or exploit any content on the site that is not your User Content. You agree that where required by law, we shall be entitled to deliver or provide access to any content, information or other materials uploaded or posted by you and any related data, documentation or records provided by you to a duly authorised law enforcement officer or government representative, officer or agency.

Intellectual Property

The Intellectual Property may only be used or reproduced by you for non-commercial personal use. No part of this website or Intellectual Property may be used or reproduced by you for any commercial purposes whatsoever without our prior written consent.

All User Content uploaded, posted or submitted to the Website by you as User Content will as between you and us, be your property, and you hereby grant us a non-exclusive, perpetual, royalty free, worldwide licence to use, perform, copy, modify, adapt, distribute and communicate that User Content as we deem appropriate (which shall include the right to make that User Content available to any third party on any terms and for any reason). You must not upload, post or submit to the Website any content that would infringe the intellectual property rights of any other person.  By uploading, posting or submitting any User Content to this Website, you represent and warrant to us that you have the authority to licence all intellectual property rights granted to us under these Terms and Conditions.

Confidential Information  

Any information that we collect from you, User Content, or personal information (as defined in the Privacy Policy) will held by us in the strictest of confidence.

Disclaimer

Your use of this Website is exclusively at your own risk.

This Website and Content contained herein, is made available for information purposes only.  We do not give any assurances, warranties or representations of any kind, whether express, implied, statutory or otherwise, as to the accuracy, completeness or legitimacy of this Website’s content.

Third Party Material

This Website may contain links to content or websites operated by third parties.  Unless otherwise indicated, these Third Party Links are provided for convenience only and are not controlled, endorsed by, sponsored or approved by us.  Any use of Third Party Links is at your own risk and we will not be liable to you, or any third party, for your use of these Third Party Links.

Cookies

Cookies are blocks of data that we may issue to or request from your device during your use of this Website.

We use cookies from time to time to enable this Website to work more efficiently, to provide us with information about your activities whilst on this Website, and to collection information about general Website statistics.

Our use of cookies will not allow us to obtain personal information that will identify you. Such personal information will only be provided to us if you have set the preferences in your browser to provide this information automatically.

You may delete and block all cookies used by this Website, however if you do so, parts of this Website may not work as designed.

If you would like to find out more information about cookies, including how to manage them, visit www.allaboutcookies.org.

Liability

With respect to the Website, to the maximum extent permitted by law, we exclude all liability to you however arising (including negligence) under or in relation to the Website, the Content, the use of the Website, or these Terms and Conditions, including but not limited to loss of profits, loss or corruption of data, loss of reputation, loss of business, loss of business opportunities, loss of anticipated savings, loss of goodwill or for any type of special, direct, indirect, incidental or consequential loss or damage which may be suffered or incurred or which may arise directly or indirectly under or in relation to the Website or these Terms and Conditions.

Indemnities

With respect to the Website, you agree to indemnify and keep us indemnified against all claims, costs, damages, expenses and liabilities incurred or suffered by us as a result of: (a) our possession, processing, use, storage, retrieval or communication of the User Content uploaded or posted by you or any related data, documentation or records supplied by you; (b) any breach by you of these Terms and Conditions; or (c) to the extent permitted by law, your use of the Website.

Privacy

You acknowledge that all personal information that we collect from you will be collected and handled in accordance with our Privacy Policy.

Amendments

These Terms and Conditions, the Privacy Policy and any other terms and conditions linked to this Website are subject to change without notice to you at any time and at Destination Southern NSW’s sole discretion. Your continued use of this Website will always be subject to the most current version of the Terms and Conditions, the Privacy Policy and any other terms and conditions linked to this Website.

General

With respect to this Website, these Terms and Conditions as well as your use of the Website shall be governed by the law of New South Wales and the parties submit to the jurisdiction of the courts of New South Wales and the Commonwealth of Australia. You may not assign or deal with the benefit of these Terms and Conditions without our prior written consent. We may assign or deal with the benefit of these Terms and Conditions without restriction. Our failure or delay in exercising a power or right does not operate as a waiver of that power or right. The exercise of a power or right does not preclude either its exercise in the future or the exercise of any other power or right. A waiver is not effective until it is in writing. These Terms and Conditions (together with the Privacy Policy and other documents linked to these Terms and Conditions) constitute the entire agreement between you and us and supersedes all prior representations, agreements, statements and undertakings, whether verbal or in writing. These Terms and Conditions may only be amended by us as specified in clause 11 of these Terms and Conditions. If any provision of these Terms and Conditions is held invalid, unenforceable or illegal for any reason, these Terms and Conditions shall remain otherwise in full force apart from such provisions which shall be deemed deleted. Nothing contained in these Terms and Conditions shall be deemed to create a partnership, joint venture, agency, employment, fiduciary or other relationship between the parties.

We can suspend or terminate the operation of this Website at any time and for any period at our absolute and sole discretion.