- 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.
How to contact us about privacy
Your privacy is very important to us. For that reason, please read the following details carefully and contact Racing Victoria’s Privacy Officer if you have any questions.
Racing Victoria Privacy Officer
Address: 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 at http://www.oaic.gov.au/privacy/making-a-privacy-complaint.
The OAIC can also be contacted on 1300 363 992.
Part A: 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;
- 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 and licensed persons; and
- any other matter provided for under the Rules and any applicable legislation.
Part B: 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; 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 customers and persons licensed by it under the Rules and other relevant rules applicable to the thoroughbred racing industry. 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 and, in relation to persons licensed by it under the Rules and other relevant rules, to supervise the Victorian thoroughbred racing industry. For example,
Racing Victoria’s Integrity Services Department collects the personal information of licensed and registered persons, officials and other participants and/or persons 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;
- submission of transfer of ownership or syndicate registration forms (including where processed by Racing Australia on Racing Victoria’s behalf); or
- in the course of investigations or inquiries into possible breaches of the Rules.
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 of Racing;
- identification documentation such as an individual’s passport where they are applying for an international licence under the Rules of Racing; 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.
Part C: How information is held by Racing Victoria and who has access to it
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.
Authorised Racing Victoria employees will require a password to access Racing Victoria’s database, where the information is held.
Part D: Use and Disclosure of 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.
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 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 Part A; 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.
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 collected from or 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;
- Principle Racing Authorities or other governing bodies 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;
- 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;
- 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 or governing bodies may contain sensitive information such as medical or disciplinary records.
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
Phone: 1300 139 401
Part F: 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.
Part G: Racing Victoria Websites and App
Racing Victoria operates various websites (Website) and a mobile phone application (App).
Collection and Purpose
Racing Victoria may collect personal information from an individual in the course of an individual’s visit to a Website or App 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 include:
- providing the individual with the best service experience possible on a Website or App;
- conducting competitions and promotions; and
- providing services related to the thoroughbred racing industry such as circulation ofnewsletters and industry related news.
Customarily Racing Victoria only discloses personal information to its service providers who assist in the operation of the Websites. Racing Victoria will only disclose personal information to an unrelated third party with the individual’s consent.
Racing Victoria has processes in place to ensure the security of an individual’s personal information, including encryption of all data when it is transferred to Racing Victoria’s service providers and limitations on access to personal information within Racing Victoria.
Transfer out of Australia
Websites: not applicable –the websites are hosted in Australia. The App is hosted outside of Australia but no personal information is sent outside Australia.
Part H: 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.
UPDATED MARCH 2020