1. INTRODUCTION

1.1 Focal Point Cinema

Focal Point Feilding Ltd, Focal Point Levin Ltd and Focal Point Hastings Ltd operate a entertainment and hospitality businesses including the operation of cinemas and café/restaurant facilities. Through these varied operations, Focal Point Cinema from time to time gathers information from Customers and other parties with whom we deal for a variety of reasons including, in particular, to enable us to improve the nature of the services we provide. Focal Point Cinema understands individuals' concerns regarding confidentiality and takes seriously its obligations in respect of all information it gathers. To safeguard that information, Focal Point Cinema has implemented a program to ensure compliance with the Privacy Act 1993. This Privacy Policy outlines how Focal Point Cinema deals with Personal Information.

 

2. WHY FOCAL POINT CINEMA COLLECTS PERSONAL INFORMATION

2.1 Nature of Information

The information Focal Point Cinema collects in most cases relates to Customers but can relate to suppliers and other parties we deal with (for the purposes of this Privacy Policy all such people are described as “Customers”). Information is gathered for a range of purposes, including the provision of ongoing Customer support and the compiling of Customer databases to enable us to more accurately market our goods and services. The type of information we collect includes such things as contact details, buying habits, opinions, product preferences and transactional details. Focal Point Cinema treats all such information, which is collected and identifiable as relating to an individual as Personal Information. It is this information, which is described as “Personal Information” for the purposes of this Privacy Policy.

2.2 Collection of Information

In accordance with the Privacy Act 1993, where practical, Customers of Focal Point Cinema may deal with Focal Point Cinema on an anonymous basis. However, as a provider of a wide range of services, Focal Point Cinema frequently finds that it is necessary to collect Personal Information during the course of transactions.

Personal Information may be collected about Customers via the following means:

1. competition entry forms;
2. application forms;
3. email;
4. websites (including in some instances cookies);
5. online transactions;
6. networking functions (eg: business cards);
7. over the phone;
8. credit card details via credit card purchases; and
9. information collected from third parties.

2.3 Information given to Customers

When Personal Information is collected from a Customer, they are advised at the time of collection or as soon as practical after its collection as to:

1. Focal Point Cinema's contact details;
2. the purpose of collection;
3. the fact that the Customer can gain access to the Personal Information;
4. the types of organizations to which their Personal Information may be disclosed;
5. any law that requires the Personal Information to be collected; and
6. the key consequences if all or some of the information cannot be collected.

Where Focal Point Cinema collects Personal Information about a Customer from a third party, and the Customer has not previously consented to that third party providing the information to Focal Point Cinema, Focal Point Cinema will, where reasonable and practical, provide the Customer with the following information about that third party:

1. the third party's contact details;
2. the purpose of collection;
3. the fact that the Customer can gain access to the Personal Information;
4. the types of organizations to which their Personal Information may be disclosed by that third party;
5. any law that requires the Personal Information to be collected; and
6. the key consequences if all or some of the information cannot be collected.

2.4 Sensitive Information

Focal Point Cinema will not ask a Customer for information revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, or details of health, disability or sexual activity or orientation, unless:

1. the Customer provides their consent;
2. the collection of that information is specifically authorized by law;
3. the collection is necessary to lessen a serious or imminent threat to the health or safety of a person; or
4. the collection of the information is necessary for the establishment, exercise or defense of a legal claim.

2.5 Customer consent

Wherever practical, Focal Point Cinema will obtain the express consent of Customers to the collection of Personal Information.

In some situations, Focal Point Cinema will interpret a Customer's actions as indicating that a Customer consents to the collection of Personal Information. This may occur where the Customer has provided Personal Information for a particular purpose and that purpose cannot be achieved without Focal Point Cinema making use of the Customer's Personal Information.

2.6 What happens if Personal Information is not provided?

Where relevant, Focal Point Cinema will endeavour to make Customers aware that Focal Point Cinema may not be able to provide a proper service to them if Personal Information is not provided upon request.

 

3. MAINTENANCE AND MANAGEMENT OF PERSONAL INFORMATION

3.1 Who may view Personal Information

In general, only officers, employees or contractors of Focal Point Cinema may view Personal Information. Focal Point Cinema will only grant access to parties other than Focal Point Cinema’s officers, employees and contractors to view Personal Information where Focal Point Cinema believes that access is necessary to achieve the purpose for which the Personal Information was collected.

Focal Point Cinema will only disclose Personal Information to parties other than Focal Point Cinema’s officers, employees and contractors if:

1. that disclosure is required to give effect to the purposes for which Focal Point Cinema collected the Personal Information;
2. the Customer has consent to that disclosure;
3. Focal Point Cinema believes that the disclosure may lessen a risk of harm to the health or safety of any person;
4. Focal Point Cinema believes an unlawful activity is being undertaken and the Personal Information is disclosed as part of Focal Point Cinema's investigation into this activity;
5. Focal Point Cinema is required by law to disclose the Personal Information; or
6. the disclosure is required for the enforcement of a criminal law or a law imposing a pecuniary penalty or for the protection of public revenue.
7. International transfers

If Personal Information is transferred overseas, Focal Point Cinema will wherever practical obtain the relevant Customer's written consent before doing so.

If obtaining the Customer's consent is not practical, then the information may still be transferred if, as part of the agreement for the transfer of that information, the other organization agrees to comply with Focal Point Cinema's privacy obligations to that Customer.

3.3 Identification

Focal Point Cinema does not use any prohibited identifiers (such as a tax file number) to identify its Customers.

3.4 Storage and Security

Personal Information may be stored in either hard copy form or on computer or both. Hard copy Personal Information is wherever practical, kept under locked security. Personal Information stored on computer is wherever practical, password protected. Where possible and practical, Focal Point Cinema will endeavour to comply with recognized New Zealand and international standards relating to information security. Focal Point Cinema regularly deletes and de-identifies Personal Information if the information is no longer needed by Focal Point Cinema.

3.5 Updating Personal Information

Focal Point Cinema regularly monitors the quality and accuracy of Personal Information that it maintains and where practical, updates that information on a regular basis. Customers can update their Personal Information at any time by contacting Focal Point Cinema, either online or in-cinema.

 

4. MINORS 

Focal Point Cinema has adopted the position proposed by the Privacy Commissioner that a young person is able to give their consent when he or she has a sufficient understanding and maturity to understand what is being proposed. Where Focal Point Cinema is aware that it is gathering information from a minor, Focal Point Cinema will obtain consent from a legal guardian for the collection of the information. Where this is not possible, Focal Point Cinema's staff will make a determination as to the minor's understanding of why the Personal Information is being collected, before deciding to collect that information.

 

5. COMPETITIONS

Personal information gathered during competitions run by Focal Point Cinema will be governed by the principles set out in this Privacy Policy unless an express statement is made in relation to privacy in the conditions of entry for the competition.

 

6. DIRECT MARKETING 

Personal Information collected for direct marketing purposes will only be collected, used or disclosed with the consent of the relevant Customer as provided for in this Privacy Policy. In circumstances where Focal Point Cinema cannot practically obtain the consent of a Customer, then Focal Point Cinema may still engage in direct marketing to that Customer, but will:

1. advise the Customer that he or she can be taken off the mailing list at any time; and
2. display its contact details clearly in each direct marketing publication.

Customers may be taken off any mailing list by contacting Focal Point Cinema, either online or in-cinema.

 

7. ACCESS TO PERSONAL INFORMATION 

Customers may access their Personal Information by contacting Focal Point Cinema’s Website Technician via email info@focalpointcinema.co.nz. Access is generally granted within 30 days of that request. Focal Point Cinema may impose a reasonable charge for access.

 

8. WHEN FOCAL POINT CINEMA MAY WITHHOLD ACCESS TO PERSONAL INFORMATION

8.1 When access can be withheld

Access to Personal Information may be withheld in a number of circumstances. These include where:

1. providing access would pose a serious and imminent threat to the life or health of a person;
2. providing access would have an unreasonable impact on the privacy of others;
3. the information is subject to confidentiality where the person who provided the information to Focal Point Cinema did so expressly on the condition that it remains confidential;
4. the request is vexatious or frivolous;
5. the information relates to current or anticipated legal proceedings between Focal Point Cinema and the person and the information would not be required to be discovered to a court;
6. Focal Point Cinema is in commercial negotiations with the person and the information would reveal Focal Point Cinema's intentions;
7. providing access would be unlawful or Focal Point Cinema is required by a law to withhold access; or
8. providing access could prejudice the investigation or detection by Focal Point Cinema or by a government body of an unlawful activity or some serious or improper misconduct.

Where Focal Point Cinema does withhold Personal Information, Focal Point Cinema may instead choose to give the Customer a summary of that information.

8.2 Written reasons

If Focal Point Cinema does withhold Personal Information, Focal Point Cinema will provide written reasons.

8.3 Third party intermediary

If Focal Point Cinema withholds access to Personal Information, Focal Point Cinema will consider whether the provision of access to an independent third party will meet Focal Point Cinema's and the relevant Customer's needs.

 

9. CONTRACTORS

Focal Point Cinema may from time to time employ subcontractors to provide services to it. In these situations, Personal Information may be collected about those subcontractors. This Privacy Policy applies equally to those subcontractors.

 

10. WHO TO CONTACT

If you have any queries with respect to this Privacy Policy please contact our General Manager at Focal Point Cinema (Feilding), 81 Manchester Street, Feilding, New Zealand, 4740 or by email at info@focalpointcinema.co.nz

 

12. MODIFICATIONS TO THIS DOCUMENT

Focal Point Cinema may modify this Privacy Policy and the way it handles Personal Information at any time in its sole discretion.

 

13. FURTHER INFORMATION

Further information on privacy can be obtained from the Privacy Commissioner at http://www.privacy.org.nz