Introduction

WTFN Holdings Pty Ltd A.B.N. 65 112 703 867 owns the trading entities WTFN Entertainment Pty Ltd A.B.N. 84 096 259 808, TwoONEzero Post Pty Ltd A.B.N. 20 139 971 565 and Fred Media Pty Ltd A.B.N. 16 150 290 850, as well as a number of other partly or wholly owned subsidiaries, collectively known as the “WTFN Group”.

The WTFN Group owns and operates the following websites (“Websites”): www.wtfn.com, www.coxy.com.au, www.pettv.com.au, justgotv.com.au, & www.furly.com.au.

By accessing or using any Website of the WTFN Group, you agree to accept and comply with the terms, conditions, notices and disclaimers contained in the terms and conditions, the Privacy Policy and elsewhere on any Website (collectively referred to as “Terms and Conditions”).

The Terms and Conditions govern the use of all Websites of the WTFN Group.

The WTFN Group reserves the right to amend these Terms and Conditions at any time without notice. You are therefore encouraged to check this document regularly.

Applicable Law

The Terms and Conditions are governed by and to be construed in accordance with the laws of Victoria, Australia. You irrevocably and unconditionally agree to submit to the exclusive jurisdiction of the courts of Victoria, Australia. In the event that any provision of the Terms and Conditions is held to be invalid, illegal or unenforceable, that provision must to the extent of the invalidity, illegality or unenforceability be ignored and all the other provisions of the Terms and Conditions will remain in full force and effect.
The WTFN Group makes no representation that the content of any Website complies with the laws of any country outside Australia. All rights not expressly granted herein are reserved.

Links to Third Party Sites & Third Party Advertisements

The WTFN Group assumes no responsibility and accepts no liability for the condition or content of third party websites that may be linked to or accessed from any Website. Except as the WTFN Group may specifically direct otherwise, the WTFN Group does not authorise the content of those third party web sites. Websites may also contain third party advertisements that contain embedded hyper-links to external websites operated by third parties. The placement of third party advertisements on any Website of the WTFN Group does not necessarily constitute the recommendation or endorsement of the WTFN Group for such goods or services. The third party advertiser is solely responsible to you for any representations or offers made by it, and for any goods or services that you agree to purchase from those third parties.

Competitions and Promotions

Certain Websites may contain competitions or promotions from the WTFN Group or third parties. The terms and conditions for those competitions and promotions will be specified on the relevant part of the Website from time to time. By entering or participating in the relevant competition or promotion you agree to be bound by the relevant terms and conditions. Notwithstanding any specific terms and conditions, the WTFN Group specifically retains the right, at any time and without notice, to remove, alter or add to competitions or promotions on any Website without any liability to you.

In the event of any inconsistency between the Terms and Conditions and the provisions of any competitions or promotions on any of the Websites, the specific and additional provisions of the competitions and promotions will prevail.

Intellectual Property & Restrictions On Use Of Content

Each Website is subject to copyright under Australian law and, under international treaties, and the laws of many other countries. Each Website contains trademarks, intellectual property and copyright protected works which are owned by the WTFN Group and third parties. Except for the direct purpose of viewing, accessing or interacting with the Website for your own personal use, or as otherwise indicated on the Website, or in these Terms and Conditions, you must not copy, communicate to the public, adapt, transfer, distribute or store any of the contents of any Website, or incorporate any part of any Website into another website without the express written consent of the WTFN Group.

Disclaimer and Liability

All Websites of the WTFN Group are provided on an “as is” basis. While the WTFN Group has used its best endeavours to ensure that the information contained on and accessed through its Websites is correct and current at the time of publication, the WTFN Group does not accept responsibility for any error, omission or defect in the information.

To the fullest extent permissible by law, the WTFN Group, its affiliated companies and their respective directors, employees, agents and contractors:

(a) Do not make any representation, warranty or endorsement of any kind, express or implied, as to the operation of any Website, your access to any Website or results of your access, or the information, content, materials or products on any Website; and
(b) Do not warrant that the functions on any Website will be uninterrupted or error-free, that any defects will be corrected or that the server which stores and transmits content to you is free of viruses or other harmful components.

Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the State and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, under no circumstances (including, but not limited to, any act or omission on the part of the WTFN Group, its affiliated companies or their respective directors, employees, agents and contractors) will the WTFN Group, its affiliated companies or their respective directors, employees, agents or contractors accept liability for any direct, indirect, incidental, special and/or consequential damages or loss of profits resulting from any use or access, or any inability to use or access any Website.

Indemnity

You agree to indemnify and keep indemnified the WTFN Group, its affiliated companies and their officers, employees, agents and contractors (“those indemnified”) in respect of any claim, liability, loss, damage, cost (including legal cost) or expense which those indemnified may suffer or incur as a direct or indirect result of your wilful or negligent act or omission with respect to your use of any Website (or any part of any Website) or the violation of these Terms and Conditions by you, or the infringement by you, of any intellectual property or other right of any person or entity.

Termination and Cancellation

The WTFN Group reserves the right in its sole discretion to revise the content of, amend links from, or withdraw access to any Website, at any time without notice. Without limiting the operation of any other Terms and Conditions herein, the WTFN Group will not be held liable for loss or damage arising from the exercising of these rights. Any indemnities given by you and limitations on the liability of the WTFN Group will survive such termination.

 

Privacy Policy

This Privacy Policy explains how the WTFN Group comprising WTFN Entertainment Pty Ltd ABN 84 096 259 808), its related bodies corporate and associated entities (“we” “our” “us”) collects, uses, discloses and protects your personal information.

What Kind of Personal Information Do We Collect?

We may collect information which is capable, either alone or in combination with other information, of personally identifying you, such as your contact details (including name, date of birth, telephone number, email address, home or other physical address); information regarding your occupation, professional interests and history, education and qualifications, personal interests; internet protocol addresses, type of browser, internet service provider.

We will not collect, use or disclose sensitive information (such as information about racial or ethnic origins, political or religious beliefs or sexual orientation) except with your specific consent or as required by law.

How Do We Collect Personal Information?

We receive and/or collect personal information from and about you in the following ways:
• when you contact us directly or via a website which is owned or controlled by us or relates to one of our projects (“Website” which includes associated social media pages and services, mobile and tablet applications, casting websites);
• when you access and interact with a Website
• when you engage us to provide services to you or you are engaged to provide services to us;
• if you submit data to register for one of our services (for example to create an account, post comments, receive a newsletter, receive updates and alerts);
• if you submit any project proposals to us or apply to participate in one of our productions;
• if you participate in any of our offers, promotions, or marketing activities;
• from third party sources that share data in circumstances where it is lawful and/or you have given permission for them to do so.

Passive Information Collection

We may also collect information which tells us about visitors to the Websites. This may include, for example, information about the date, time and duration of your visit and which pages of our Websites are most commonly accessed. Certain types of this information can be passively collected using various technologies, including but not limited to, cookies, unique device identifiers, web beacons, navigational data collection (log files, server logs and clickstream data). By accessing our Websites generally, you consent to the collection of such information where it is personal information.

How Do We Use Your Personal Information?

We may use the personal information that we collect from and about you to:

• provide our content, products and services to you;
• measure, assess and improve our services including by compiling and analysing statistics;
• maintain and improve the functionality of Websites and systems administration;
• send you technical, legal and administrative notices relating to our Websites, services and activities;
• respond to enquiries and complaints;
• with your prior consent, send you offers, promotions and marketing communications relating to our products, projects, services and activities, and those of our partners;
• consider any project proposal you submit to us for evaluation;
• select participants for our projects.

Processing, Storage and Security of Personal Information

We only collect, monitor and process personal information about you with your consent including as set out in the Privacy Policy, or as permitted by law.

Your personal information is processed through both electronic and manual means and is stored on secure servers that are protected in controlled facilities. Your personal information is protected by appropriate administrative, technical, personnel and physical measures implemented to safeguard against loss, theft, unauthorised use, disclosure or modification. However, no means of transmission over the internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use reasonable measures to protect your personal information we cannot guarantee its absolute security or confidentiality.

How Long Do We Keep Your Personal Information?

We will retain your personal information for as long as is reasonably required for the relevant and permitted purpose. In determining the appropriate retention period, we consider the amount, nature and sensitivity of the personal information, the potential risk of harm from unauthorised use or disclosure, the purposes for which the personal information has been processed, and applicable legal requirements.

Who Else Has Access to Your Personal Information?

Your personal information may be shared for the purposes described above:

• with our production partners including television networks, sponsors and online entities;
• with data controllers or processors and data hosting providers for the purpose of storing or processing information on our behalf;
• with technology service providers including internet and cloud hosting service providers; software, maintenance and support providers;
• with selected external partners and consultants (such as legal, human resources, accounting and insurance, marketing and promotion service providers) to assist us with our business operations.

We reserve the right to use or disclose your personal information as and if required to comply with any law, regulation or governmental request; to protect our rights and property; to enforce and investigate potential violations of our Terms and Conditions; to detect or prevent fraud or security issues; on a matter of public interest or safety.

Disclosure of Personal Information Overseas

We may disclose personal information to our affiliated companies, promotional and production partners, technology service providers, external partners and consultants located outside Australia for the purposes set out in this Policy.

By providing your personal information you consent to any such overseas transfers on these terms as permitted by law.

Your Rights With Regard to Your Personal Information

You have the followings rights with respect to any of your personal information collected and retained by us:
• access and review your personal information;
• verify the accuracy of your personal information and request its rectification, update or amendment;
• request the deletion, anonymization or restriction of the processing of any personal information;
• receive an electronic copy of your personal information to port it to a different provider;
• lodge a complaint with the relevant data protection or personal information regulatory authority.

Please email privacy@wtfn.com.au with your request and we will aim to respond without undue delay.

Where you are seeking information held on electronic files, or where you are seeking hard copies of personal information (for example personal information held on program tapes), we reserve the right to charge a reasonable handling/postage fee.

Opt Out of Marketing Communications

Where your personal information is used for marketing purposes you may revoke your consent for receiving communications for us by opting-out in accordance with the unsubscribe instructions in our communication. You may also send a request to privacy@wtfn.com.au

Please note that even if you opt out of receiving marketing communications from us, we may still send you administrative correspondence as necessary to facilitate your use of any Website or our other products and services.

Cookies, Log Files

Our Websites may utilize “cookies”, anonymous identifiers and other tracking technologies. A “Cookie” is a piece of information that our server may send to your machine when you visit our Websites.
A Cookie helps us to recognise you when you re-visit one of our Websites and to co-ordinate your access to different pages on the Website. Certain cookies and other technologies may recall personal information such as an IP address. Most Internet browsers enable you to erase Cookies from your computer hard drive, block all Cookies, or receive a warning before a Cookie is stored. If you want to do this, please refer to your browser instructions.

Each time you visit a Website, our server collects some anonymous information, known as “clickstream data” or log files, which includes information such as type of browser, internet protocol addresses, internet service provider, the address of the site you have come from and move to after your visit, the date and time of your visit, clicked pages and any other information your browser may send to us.

We may use this information for statistical purposes, to analyse trends, maintain functionality of our Websites, track users’ movements around the Websites, gather demographic information, and to evaluate and improve performance of our Websites.

Links to Third Party Systems

Our Websites may enable you to interact with or provide links to other, third party websites, mobile and tablet applications and services that are not owned or controlled by us (“Third Party Systems”). We are not responsible for these Third Party Systems, their content or their collection and usage of your personal information. We advise that you check their applicable privacy policies.

Updates to this Privacy Policy

We may modify or update this Privacy Policy for any reason from time to time. The Effective Date will confirm the date of the most recent changes.

Contact Us

You may contact us with any queries you may have in respect of this Privacy Policy or your personal information by emailing privacy@wtfn.com.au .

Effective Date: This Privacy Policy was last updated in August 2018.