Privacy & cookie
statement.

The terms and conditions set out below (Terms and Conditions) constitute a binding contract between Higher Grnd Touring Pty Ltd. ABN 27 667 335 499 (Level 4/15 Ogilvie Rd, Mount Pleasant WA 6153) (together the Promoter) and the person holding or using a ticket to a NYD NOBU Festival event (Event) irrespective of whether the ticket was purchased by the person holding or using the ticket, and applies to any subsequent holders or recipients of the ticket (you or your).

Privacy Policy

Higher Grnd Touring Pty Ltd. ABN 27 667 335 499, Level 4/15 Ogilvie Rd, Mount Pleasant WA 6153 (“us”, “we” or “our”) is committed to protecting the privacy of all our customers. The Privacy Act (1988) (Cth) (Privacy Act) and the Australian Privacy Principles (APPs) set out in Schedule 1 of the Privacy Act, and the EU General Data Protection Regulation 2016/679 (GDPR) govern the collection, storage, use, and disclosure of information by which individuals may be identified. In this Privacy Policy, “Website” means https://no-one-but-us.com.au

This Privacy Policy details how we comply with the above laws regarding the collection, use, storage, sharing and protection of your information and data.

Amongst other things, it contains information on:

• How you can access your personal information held by us;
• How to correct personal information held by us;
• How you may complain about a breach of the APPs or the Privacy Act; and
• the process by which we will deal with any such complaint.

We may update this Privacy Policy from time to time at our sole discretion. Any variations become effective on posting the updated privacy policy to https://no-one-but-us.com.au/privacy.html and we shall have no obligation to provide you with individual notice of such changes. Your continued use of our products and services following the publication of any amended Privacy Policy shall signify your acceptance of that amended Privacy Policy, except where we are otherwise required by law to seek your direct consent.

PLEASE READ THIS PRIVACY POLICY CAREFULLY. IF YOU DO NOT AGREE WITH ANY PART OF THIS PRIVACY POLICY, PLEASE DO NOT BROWSE, ACCESS OR USE OUR WEBSITE; MAKE A PURCHASE; ATTEND OR PURCHASE A TICKET TO THE NYD NOBU FESTIVAL OR OUR EVENTS; OR OTHERWISE ENGAGE WITH OUR SERVICES.

Types of information we collect

“Personal Information” means information that can be used to personally identify you, such as your name, age or date of birth, gender, telephone number, address, email address, photographs or videos where you are personally identifiable, and in some circumstances financial information such as your credit card, direct debit or Paypal account information. If the information we collect personally identifies you or you are reasonably identifiable from it, the information will be considered Personal Information.

“Usage Information” means anonymous aggregate data that is automatically collected through your use of the Website. This includes information that identifies your device, your operating system, your IP address and dates and times that you access and use the Website.

We recognise that Usage Information, whilst for the most part anonymous, can be cumulatively used to directly or indirectly identify you. Usage Information that can be used to identify you in any way, together with your Personal Information, shall collectively be referred to in this Privacy Policy as “Personal Data”.

How we collect your Personal Data

We collect your Personal Data directly from you, unless it is unreasonable or impractical to do so. We do this in a number of ways, including:

• when you contact us by email, telephone or in writing;
• when you fill out a form on our Website when completing an application or order;
• when you purchase a ticket, register for event access, transfer ticket registration or are registered as the recipient of a transferred ticket in respect of the NYD NOBU Festival or our events via one of our third-party ticket merchants or ticket resale merchants;
• recording or photographing you at the NYD NOBU Festival or any of our events.

It is your choice to provide information to us. Wherever it is lawful and practicable, you have the option not to identify yourself when interacting with us. Please be aware that it is necessary for us to collect your Personal Data to enable us to process transactions. As such, if you do not wish to provide your Personal Data, we may not be able to accommodate your order.

We may also collect Personal Data from third parties including our contractors and business partners, advertisers, mailing lists, recruitment agencies and government entities.

Cookies

We may collect Usage Data through cookies, pixel tags and other tracking technologies (collectively Cookies). Cookies are small packets of data that are downloaded onto your device when you access a website. Cookies hold specific information that helps the Website ‘remember’ your actions and preferences over time.

Cookies can stay on your device temporarily (Session Cookies) or until you manually delete them (Persistent Cookies). Data collected by Cookies does not identify you, but it does identify your device. Where such data can be cumulatively used to personally identify you, we will seek your consent to collect and process such information. You can disable Cookies at any time in your browser. If you disable Cookies, the Website may not be fully functional.

Why we collect your Personal Data

The primary purpose for which we collect information about you is to enable us to perform our business activities and functions and to provide you with products and services.

Other legitimate purposes that you agree we can collect, hold, use and disclose your Personal Data for include but are not limited to the following:

• to provide you with access to the Website;
• to approve transactions you wish to make;
• to send you invoices and receipts;
• to respond to requests submitted by you;
• to enhance our products and services;
• to verify your identity;
• for our administrative, planning, product/service development, quality control and research purposes, or those of our contractors or external service providers;
• to provide you with information about the NYD NOBU Festival or an event for which you have registered as an attendee whether by purchasing a ticket, registering for access, being registered as the holder of a ticket or minor pass, by having a ticket transferred to you or by any other means by which you may be registered as an attendee;
• to contact you with information which we think you may find interesting, only where you have opted in to receiving such communication and until you withdraw such consents;
• to prevent, detect and investigate potential illegal activities, security breaches and fraud; and/or
• as otherwise required or permitted under any applicable law.

For the avoidance of doubt, we will only use your Personal Data for purposes that you would reasonably expect us to use your Personal Data for in connection with operating and providing our products and services to you, or where we are required by law to collect your Personal Data. We will not sell, rent, or license your email address or any of your Personal Data unless we have otherwise obtained your express consent to do so.

We recognise your right under the Spam Act 2003 (Cth) and the GDPR to opt out from direct marketing, and as such these consents can be modified at any time by contacting our Privacy Officer using the details at the end of this policy, or by clicking ‘unsubscribe’ on any direct marketing communications.

Who we disclose your Personal Data to

You agree and consent that we may disclose your Personal Data to:

• our employees, contractors or external service providers for the operation of our business, and our professional advisers such as accountants and solicitors;
• our existing or potential agents, business partners or joint venture entities or partners, including our third-party ticket merchants and ticket resale merchants;
• our sponsors or promoters;
• specific third parties authorised by you to receive information held by us;
• the police, any relevant authority or enforcement body, or your Internet Service Provider or network administrator, if we have reason to suspect you have committed a breach of our terms and conditions or have been engaged in unlawful activity, and we reasonably believe disclosure is necessary;
• as required or permitted by any law (including the Privacy Act).

For the avoidance of doubt, this privacy policy applies to all employees, consultants, contractors and agents of ours and covers all information collected via your use of the Website, purchase of our products or services, as well as information supplied to us in person, by phone, by writing (including email) or in any other way.

You can withdraw your consent for us to share your Personal Data with third parties at any time by contacting our Privacy Officer using the details at the end of this policy, but please note that withdrawal of such consents may affect your ability to access and use the Website, purchase our products or services or attend the NYD NOBU Festival or our events.

What are your rights to your Personal Data

In accordance with the GDPR, we acknowledge the right of EU citizens to:

• have their data erased that is no longer being used for a legitimate purpose;
• request a copy of all Personal Data held about you by us in a readable format; and
• request restricted processing of your Personal Data whilst any complaints or concerns are being resolved.

Accessing and correcting personal information

We cannot modify your Personal Data. You can modify your own information by contacting our Privacy Officer using the details at the end of this policy. You acknowledge that it is your responsibility to maintain the truth, accuracy, and completeness of your information and your failure to do so may inhibit our ability to provide the Website, process your orders with us or allow you to access the NYD NOBU Festival or our events.

You acknowledge and agree that you remain solely responsible for maintaining the truth, accuracy, and completeness of your information at all times, and we shall have no liability to you or any third party arising from your failure to do the same. If you believe that Personal Data we hold about you is incorrect, incomplete or inaccurate, you may request that we amend it.

External Links

Our Website may contain links to other third party websites or applications, including links to our third-party ticket merchants or ticket resale merchants. We cannot be reasonably expected to be aware of nor held responsible for the privacy policies or practices of these other websites.

Security

We protect your Personal Data through technical security measures i.e. firewalls, encryption that limit the risk of loss, disclosure, unauthorised access and modification. No security measures are, however, 100% secure so we cannot guarantee the security of your information or data at any time. To the extent permitted by law, we accept no liability for any breach of security, or direct hacking of our security measures, or any unintentional disclosure, loss or misuse of any information or data or for the actions of any third parties that may obtain any information or data.

Notwithstanding the above, we acknowledge our obligation to report any data breach that is likely to risk the rights and freedoms of natural persons to the Australian Information Commissioner and, where our data breach involves the information of EU citizens, report to the European Data Protection Supervisor. We will also inform you, where possible, if your data has been breached in the circumstance where it poses a risk of serious harm or your rights and freedoms.

We also warrant that our personnel who may have access to your Personal Data are trained and educated about this privacy policy and our obligations under the Privacy Act, Privacy Principles and GDPR. For more information on our internal policies, contact our Privacy Officer using the details below.

Overseas Disclosure

We may, in the course of providing any products or services to you, disclose Personal Data to overseas countries that are deemed by the EU Commission as having an ‘adequate’ level of Personal Data protection. Where we transfer data to a third party in a country where no adequacy decision has been made, we warrant that such third parties in those countries are bound under contract to meet the requirements of the Privacy Act, Privacy Principles and GDPR.

Contact

Thank you for taking the time to read our privacy policy. If you have any questions regarding our Privacy Policy, or if you believe your privacy has been breached by us, please contact our Privacy Officer using the details below.

We will treat your requests or complaints confidentially. We will contact you within a reasonable time after receipt of your complaint to discuss your concerns and outline options regarding how they may be resolved.

If you are not satisfied with our handling of your Personal Data, or have any other concern over our privacy policy, then you may lodge a formal complaint with the Office of the Australian Information Commissioner (for more information, please see https://www.oaic.gov.au) or with the European Data Protection Supervisor (for more information, please see https://edps.europa.eu).