- the kind of information Racing Victoria may collect about you, how it is collected and how it is held by Racing Victoria;
- the purposes for which Racing Victoria collects, holds, uses and discloses personal information;
- how Racing Victoria may disclose that information;
- how an individual can access the information held about him or her and seek correction of such information (if required);
- when Racing Victoria may use an individual’s information to contact them; and
- the protection of an individual’s personal information.
RACING VICTORIA’S FUNCTIONS AND ACTIVITIES
Racing Victoria is the Principal Racing Authority responsible for governing thoroughbred racing in Victoria. Racing Victoria’s functions and activities include:
- administering and promoting the Victorian thoroughbred racing industry (VTRI), including major carnivals and industry award functions;
- controlling the conduct of race meetings in Victoria;
- upholding the integrity of Victorian thoroughbred racing;
- protecting the safety of horses and participants;
- licensing participants;
- facilitating training of participants;
- enforcing compliance with the Rules of Racing (Rules);
- investigating suspected breaches of the Rules;
- managing the funding of the industry, the distribution of prize money and the funding of racing operations;
- creating and maintaining information and records in relation to owners and their interests in race horses;
- providing services to its customers, licensed persons and the Victorian thoroughbred racing clubs;
- exercising powers and performing functions conferred on Racing Victoria by the Racing Act 1958 (Vic), including the regulation of bookmakers licensed by Racing Victoria;
- representing the Victorian thoroughbred race clubs and VTRI generally in respect of racing industry assets and obligations, including:
- in respect of the TABCORP Joint Venture (and any subsequent arrangements involving or affecting the VTRI relating to or arising from the issue of wagering and/or gaming licensed under the Gambling Regulation Act 2003 (Vic));
- in respect of Racing Analytical Services Limited ACN 006 957 624; and
- at national and international bodies and forums (including but not limited to the Australian Racing Board); and
- any other matter provided for under the Rules and any applicable legislation.
COLLECTION OF 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 or address;
- bank account details and credit card information;
- information about an individual’s disciplinary history (for example, details regarding breaches of the Rules); or
- information about an individual’s opinions, likes and dislikes.
Racing Victoria will not collect personal information unless collection of such information is reasonably necessary to enable Racing Victoria to carry out one or more of its functions and/or activities.
Racing Victoria holds and uses personal information about its suppliers, customers and persons licensed by it under the Rules and other relevant rules and legislation applicable to the thoroughbred racing industry (such as the Racing Act 1958 (Vic)). Typically, this information includes a person's name, email address, phone number, address, date of birth, gender, occupation, income, tax file numbers and any other required information.
This information is needed to maintain Racing Victoria's records in a format that identifies the person. These records are held by Racing Victoria for the purposes of enabling Racing Victoria to:
- provide services to its customers;
- engage suppliers;
- in relation to persons licensed by it under the Rules and other relevant rules/legislation, to process applications and supervise the Victorian thoroughbred racing industry; and
- to otherwise perform its functions and activities as outlined above.
For example, Racing Victoria’s Integrity Services Department collects the personal information of licensed and registered persons, officials and other participants and/or persons (such as owners) who may be involved in thoroughbred racing or betting on thoroughbred racing.
Racing Victoria 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:
- submission of license, registration or permit applications, including jockey and trainer licences and media accreditation;
- submission of transfer of ownership or syndicate registration forms (including where processed by Racing Australia on Racing Victoria’s behalf);
- submission of application forms, such as in relation to the VOBIS scheme and equine welfare programs;
- in the course of investigations or inquiries into possible breaches of the Rules;
- urine and/or blood (equine and human) sample collection procedures;
- submission of general enquiries or feedback;
- submission of job applications;
- submission of entries into competitions for which Racing Victoria is the promoter; and
- when you subscribe to receive Racing Victoria Events, Offers and Promotions communications when registering as a subscriber to Racing.com, either via the website (racing.com) or the Racing.com App.
Racing Victoria 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 an ownership form, or when making a complaint;
- through surveillance devices;
- from third parties including race clubs, other Australian Principal Racing Authorities, Australian racing industry bodies (such as Harness Racing Victoria or Greyhound Racing Victoria) and overseas racing industry bodies and regulators, such as the British Horse Racing Authority or Hong Kong Jockey Club;
- from other racing industry bodies such as Thoroughbred Breeders Victoria, the Australian Trainers Association and the Victorian Jockey Association;
- from our suppliers, when they provide goods and service to Racing Victoria, including for example Racing Analytical Services Limited;
- from police and regulatory authorities such as the Victorian Commission for Gambling and Liquor Regulation and the Office of the Racing Integrity Commissioner;
- from public registers (for example, 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 Victoria;
- from licensed participants or the general public where they are submitting concerns or advising of a dispute relating to the Victorian thoroughbred racing industry such as under Racing Victoria’s Speak Up Policy or Dispute Resolution function;
- through public events such as livestock auctions in order to progress Racing Victoria’s equine welfare objectives;
- if authorised or required by law;
- with your consent; or
- as otherwise required to enable Racing Victoria to fulfill it functions and activities as outlined in Section 3.
If Racing Victoria receives personal information about an individual in circumstances where it did not solicit the information, Racing Victoria 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 Victoria determines that it is not entitled to such information, Racing Victoria will destroy the information or ensure that the information is de-identified.
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 Victoria 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 Victoria may include the following:
- medical information and/or criminal record where an individual is applying for a license under the Rules or the Racing Act 1958 (Vic);
- identification documentation such as an individual’s passport where they are applying for an international licence under the Rules, or if required pursuant to Australian biosecurity laws in regard to the operation of the Werribee International Horse Centre or other quarantine centre; or
- where reasonably necessary for Racing Victoria to protect the health and safety of its employees, licensed participants and/or the Victorian thoroughbred horse racing industry.
What if you don't provide us with your personal information?
The nature of the business carried on by Racing Victoria means that, generally, it is not possible for us to provide services to you anonymously. However, in some circumstances, we allow individuals the option of not identifying themselves, or of using a pseudonym, when dealing with us, for example, if you wish to submit intelligence or information regarding a breach of the Rules.
HOW INFORMATION IS HELD BY RACING VICTORIA
Racing Victoria has processes in place to ensure the security of an individual’s personal information. There are limitations on access to information within Racing Victoria.
Only certain Racing Victoria employees, being those required to have access to personal information so that Racing Victoria is able to carry out its functions and activities will have access to information held by Racing Victoria, in order to protect the information from:
- misuse, interference and loss; and
- unauthorised access, modification or disclosure.
Racing Victoria employees are authorised to access electronic records containing personal information, based on its sensitivity and the individual’s role in requiring such information.
USE AND DISCLOSURE OF PERSONAL INFORMATION
For what purpose may Racing Victoria use and/or disclose my personal information?
Racing Victoria 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; or
- the individual would reasonably expect Racing Victoria to use or disclose the information for that other purpose, in circumstances where it is:
- (sensitive information) directly related to the purpose for which it was collected; or
- (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 Victoria 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 (refer to section “Cross-border Processing and Disclosure of Personal Information”), it is not likely that Racing Victoria will disclose information to overseas recipients.
Racing Victoria 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 Victoria, including under the Rules and the Racing Act 1958 (Vic);
- to ensure compliance with the Rules;
- for research purposes relating to the thoroughbred racing industry;
- to customise and promote services and events related to the thoroughbred racing industry which may be of interest to you;
- if authorised or required by law;
- with your consent;
- as otherwise required to enable Racing Victoria to fulfill it functions and activities as outlined in Section 3; or
- as otherwise required for integrity and licensing purposes.
When personal information is disclosed to third parties, appropriate care is taken to ensure the information is protected from misuse.
Who may Racing Victoria share my personal information with?
Personal information collected by Racing Victoria may be disclosed to third parties (including by the Integrity Services Department in connection with the performance of their integrity and licensing functions).
For example, personal information may be disclosed to:
- witnesses, in the course of investigations or inquiries into possible breaches of the Rules;
- wagering service providers, to monitor compliance with Rules relating to betting or the integrity of races;
- a licensed agent, to conduct public background checks on registered or licensed participants to ensure that integrity is upheld in the Victorian thoroughbred racing industry;
- government agencies, as required or authorised by law;
- contractors, who may assist in the conduct of investigations or who are providing services to Racing Victoria, such as Racing Analytical Services Limited;
- Principle Racing Authorities or other governing bodies in Australia or overseas where a horse or licensee wishes to participate in or return from another jurisdiction (including interstate or international). For example, where Racing Victoria provides clearances;
- Victorian thoroughbred Race Clubs and Country Racing Victoria;
- Other racing industry bodies such as Thoroughbred Breeders Victoria, the Australian Trainers Association and the Victorian Jockey Association;
- other Principal Racing Authorities and Racing Codes (including Greyhound Racing Victoria and Harness Racing Victoria), including to assist with licensing interstate and/or international participants, interstate and/or international investigations in appropriate circumstances or when disciplinary action is taken against a person;
- police and regulatory authorities such as the Victorian Commission for Gambling and Liquor Regulation, the State Revenue Office and the Racing Integrity Commissioner, in relation to integrity investigations or matters as required or authorised by law; or
- the Registrar of Racehorses, when a horse is registered for racing.
Please note, personal information provided to Principle Racing Authorities, 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.
Cross-border Processing and Disclosure of Personal Information
Racing Victoria may process and/or disclose your personal information overseas, including in the United States, the European Union (including the United Kingdom), Singapore and Hong Kong in the following situations:
- to third-party providers of business support services, such as IT services, who are based in countries including the United States and Singapore;
- for integrity purposes, such as to assist international investigations and/or combating the threat of illegal betting and other financial crime risks to racing integrity;
- if authorised or required by law;
- with your consent; and
- as otherwise required to enable Racing Victoria 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.
Racing Victoria may disclose personal information (not sensitive information) to third parties for the purposes of direct marketing services related to the thoroughbred racing industry. An individual will be able to opt-out of direct marketing at any time if he or she chooses, by notifying Racing Victoria’s CustomerFirst Department (details below) in writing.
Racing Victoria will not use or disclose personal information about an individual for the purpose of direct marketing, unless:
- Racing Victoria collected the information directly from the individual;
- the individual would reasonably expect Racing Victoria to use or disclose the personal information for that purpose; and
- the individual has not opted out of receiving direct marketing.
CustomerFirst can be contacted as follows:
Name: Racing Victoria – CustomerFirst
Address: 400 Epsom Road, Flemington, Victoria, 3031
Fax: (03) 9258 4326
Phone:1300 139 401
ACCESS TO PERSONAL INFORMATION AND CORRECTION
A person can access his or her own personal information by contacting Racing Victoria's Privacy Officer. Racing Victoria’s Privacy Officer will respond within a reasonable period after the request is made.
In some circumstances, a fee may apply.
Racing Victoria 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 Victoria is inaccurate, incomplete or not up to date, the individual may request that Racing Victoria correct the information.
There are some circumstances in which Racing Victoria is entitled to deny a person access to information, in part or full. These include, amongst others, circumstances where:
- Racing Victoria 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 Victoria 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 Victoria 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 (for example, 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 Victoria will give the individual a written notice, setting out, amongst others, 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.
DATA AND SECURITY
We hold 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:
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.
- 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.
RACING VICTORIA WEBSITES
Racing Victoria operates various websites (Website) as follows:
Collection and Purpose
Racing Victoria may collect personal information from an individual in the course of an individual’s visit to a Website where that individual inputs personal information, which includes but is not limited to situations, where a person:
- signs up to receive a newsletter; or
- enters a competition or participates in a promotion.
In addition, Racing Victoria also collects cookies from that individual’s computer, which enables it to tell when a person uses a Website and also helps customise that person’s Website experience.
The purposes for which Racing Victoria collects personal information from users of its Website include:
- providing the individual with the best service experience possible on a Website;
- conducting competitions and promotions; and
- providing services related to the thoroughbred racing industry such as circulation ofnewsletters and industry related news.
ADDITIONAL RIGHTS – EUROPEAN UNION RESIDENTS
If you are located in the European Union you may have additional rights to those described above. Some of these rights will only apply in limited circumstances.
The right to erasure – you have the right to request that Racing Victoria 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 (for example 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 Victoria 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. For example, it is necessary for Racing Victoria to comply with its legal obligations and the performance of tasks carried out in the exercise of official authority vested in Racing Victoria under the Racing Act 1958 (Vic) and the Rules of Racing.
The right to object to processing – you have the right to object to Racing Victoria’s processing of your personal data, under certain conditions.
The right to data portability – you have the right to request that Racing Victoria 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. For example, where you have subscribed to an e-News service to which you have previously opted-in, you can do so by using the unsubscribe tool.
HOW TO CONTACT US ABOUT PRIVACY
Your privacy is very important to us. Please contact Racing Victoria’s Privacy Officer via one of the following if you have any questions:
Mail: Racing Victoria Privacy Officer, Racing Victoria, 400 Epsom Road, Flemington, Victoria, 3031
Telephone:1300 139 401
If you are concerned about a possible interference with your privacy, please contact Racing Victoria’s Privacy Officer and Racing Victoria will investigate the matter. Complaints to Racing Victoria 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 Victoria. Details on how to lodge a complaint with OAIC are set out on the OAIC’s website here .
The OAIC can also be contacted on 1300 363 992.