About this Policy

Aquarius Films Pty Ltd ABN 88 134 450 856 (referred to as Aquarius Films, “we” and “us”) abides by
the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth). This Privacy Policy outlines
how we collect, use, disclose, store, secure and dispose of your Personal Information. A copy of the
APPs may be obtained from the website of The Office of the Australian Information Commissioner at
www.aoic.gov.au/privacy-portal.

By providing your Personal Information to us, you agree that we may collect, use and disclose that information
in accordance with this Privacy Policy.

What Personal Information Do We Collect?

Personal Information is information or an opinion in relation to an individual who can be identified by us.
The personal information we collect may include the following;

• General identification information such as your name, date of birth, gender, email address, mobile number and street address;

• Financial information including bank account details, credit card details, group certificates, payslips, superannuation information and other income information;

• Employment information such as agency profiles and portfolios, qualifications, employment history, referee details, references and resumes; and

• Other personal information you may disclose to us, or which is contained in communications between us.

The Personal Information we collect will depend on why you are interacting with us and the nature of the interaction. If you do not allow us to collect all of the Personal Information we reasonably request, we may not be able to deliver services you require or process any other request or enquiry.

In some circumstances, the Personal Information that we collect may include Sensitive Information. Sensitive Information is any information or opinion about such things as an individual’s racial or ethnic origin, political opinions, and membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual orientation or practices, criminal record, biometric information or health information. We may collect Sensitive Information where it is reasonably necessary for us to perform business activities and functions or you provide consent for such information to be collected. We may also collect Sensitive Information when you apply for employment with us, your services are provided to us, or when you send submissions to us to be reviewed.

Where you are employed by us we may collect additional personal information from you in the course of your employment with us which may include sensitive information such as health information.  Once collected, this Personal Information is likely to form part of your employment records and, as such, will not be protected by the APPs.  We will, however, take reasonable commercial steps to keep that information secure.   

We may also require health information from any individuals attending our premises and other work locations including immunisation status and/or Covid-19 test results.

How Do We Collect and Hold Personal Information?

We will collect your Personal Information directly from you, whether in person, on the phone or electronically, when you voluntarily and knowingly provide it to us, or indirectly from a third party for uses directly related to Aquarius Film’s business functions or where it is reasonably necessary to collect such data.

Circumstances where your Personal Information will be collected directly from you include where:

• You seek to and/or provide goods or services to us;

• You submit an application for employment to us;

• You contact us to submit any samples of your work, writing, submissions, portfolios, audiovisual content or any other matters for review by us;

• You voluntarily provide us with information by submitting a completed form or request for information;

• You enter into an Agreement with us, including but not limited to Agreements that concern investments, loans, or grants ;

• You visit any Aquarius Films’ website or social media platform;

• You apply for, register your interest in, or enquire about a service we provide; or

• You talk to us, or do business with us.

• Circumstances where your Personal Information will be collected from a third party include where:

• You are seeking a role in a production and your agency provides us with your Personal Information;

• Your Personal Information is provided to us by a recruitment firm or talent agency or other provider of contracted services;

• Your Personal Information is provided to us by the organiser of an event we support or are otherwise involved in;

• Your Personal Information is obtained from media and publications or other publicly available sources or cookies;

• You are represented by a third party, for example, your legal advisor, manager, agent, insurance advisor, guardian or trustee ;

• Other organisations, who jointly with us, conduct, support or are otherwise involved in productions that you are involved in;

• You comment publicly over Instagram, LinkedIn or any other social media platform that we use; and

• Your Personal Information is publicly available, such as on public registers and websites.

If we receive Personal Information about you that we do not request directly from you or from another party, we will decide whether we could have collected the information in accordance with this Privacy Policy and applicable Privacy Law. If we decide that we could have collected the information in accordance with this Privacy Policy and applicable Privacy Law, we will keep the information and handle it in accordance with this Privacy Policy and applicable Privacy Law. If we decide that we could not have collected the Personal Information in accordance with this Privacy Policy and applicable Privacy Law, we will destroy or de-identify the information if it is lawful and reasonable to do so.

Where reasonable and practicable to do so, we will collect your Personal Information only from you. When we collect Personal Information we will, where appropriate and where possible, explain to you why we are collecting the information and how we plan to use it. Our ability to meet our obligations to you, your employer, our investors or related persons may be adversely affected if you do not give us the requested personal information, or if the information you give us is incomplete or inaccurate.

Much of the information we hold about you will be stored electronically. We store some of your information in secure cloud servers, some of which may be located outside of Australia. Some information we hold about you may also be stored in paper files.

Use and Disclosure of Personal Information

We collect, use and hold Personal Information about you to provide a range of services, meet our obligations to you, and to enable us to conduct our business and all other related activities.

By engaging or communicating with us, submitting applications or proposals, applying for employment, being involved in our productions, seeking our services or otherwise communicating with us, you acknowledge and consent to the use and disclosure of your Personal Information in circumstances that are;

• Set out in this Privacy Policy;

• Expressly consented to by you or reasonably inferred from the circumstances;

• Explained to you at the time the information is collected from you; or

• Required or permitted by law.

We may use the Personal Information that you give to us to;

• Consider and respond to any proposal or offer you may provide to us, including an application of employment;

• Manage and administer the services we provide, including casting, reporting, accounting and other business activities reasonably related to the production services we offer;

• Engage in publicity, which may involve promoting our services, productions that you are involved in and/or broadcasters or investors in our productions;

• Arranging insurance and making claims where appropriate;

• Maintain our accounting and financial records, where it is reasonably necessary;

• Reporting to our investors;

• Promote or market our services to you;

• Consider any proposal to use your personal services or anything you have created;

• Meet our obligations to third party companies, which may include vendors, insurers, investors, lenders, post-production companies or broadcasting companies;

• For any other purposes to which you have consented; or

• For any other purposes required or authorised by law or a court/tribunal order or by a regulatory body.

We may also use your Personal Information for secondary purposes closely related to the primary purpose for which it was collected, where one of the following applies;

• Where you would reasonably expect such use or disclosure, or you consent to the information being used for a secondary purpose;

• The use or disclosure is authorised or required by the law or court, including for example to comply with a court subpoena;

• A permitted or general situation exists; or

• The disclosure of your Personal Information is reasonably necessary for enforcement related activities in any jurisdiction.

We also engage with many companies, contractors, service providers and other bodies and persons in the course of conducting business. Personal Information may be reasonably disclosed to these bodies and persons as follows;

• Authorised persons who conduct services on our behalf;

• Insurers and health care providers, which may include international insurers and health care providers as is reasonably required (this will be done in accordance with cl 6 of this Privacy Policy);

• Professional advisors such as production accountants, tax-agents, auditors and any organisation to which we are reasonably required to provide tax-rebate information (for example Screen Australia and Department of Arts and Communication);

• Our agents, contractors, contracted service providers and any other companies engaged in production services with Aquarius Films (including post-production companies);

• Persons or companies with approval rights over particular productions;

• An entity that is involved in a co-production with us, or engaging in funding or other activities relating to, productions being carried out by Aquarius Films, and requires access to that information;

• Investors, lenders and other similar companies or persons who are involved in a production with Aquarius Films and reasonably require access to that information; and

• To provide products or services to you, for example, catering services during production or at other events.

Where we have to de-identify Personal Information, and it is lawful and reasonable to do so, this Privacy Policy will generally not apply to our use of de-identified information. However, we will continue to safeguard this de-identified information. Where we use de-identified information together with other information (including Personal Information) and in doing so, we are able to identify you, that information will be treated as personal information in accordance with this Privacy Policy and applicable Privacy Laws.

Where your Sensitive Information is collected by us, it will only be used and disclosed by us for:

• The primary purpose for which it was obtained;

• The secondary purpose that is directly related to the primary purpose;

• As disclosed in this Privacy Policy, or otherwise, with your consent; or

• Where required by law.

For example, this includes disclosure of health information to insurers, healthcare providers and related co-production companies.

Use of Cookies

We collect information using cookies when you use our websites or social media platforms. Cookies are small pieces of information stored on your hard drive or in memory. They can also record information about your visit to our websites, allowing us to remember you the next time you visit and provide a more meaningful experience.

Disclosure of Personal Information Overseas

You acknowledge and agree that your Personal Information may be transferred and stored outside Australia. For example, in the course of business related activities we may disclose your Personal Information to insurers and production companies based outside Australia. Many of these will be based in the USA, the UK, Europe or Singapore. In such circumstances, we will take reasonable steps, before disclosing your Personal Information overseas, to ensure that the overseas recipient does not breach the APPs in relation to that information.

Security and Accuracy of Personal Information

We will store your Personal Information in a manner that reasonably protects it from misuse, interference, loss, unauthorised access, modification or disclosure. We use secure storage services with the aim of preventing any unauthorised use or access to the Personal Information we hold. We also limit access to any Personal Information on our storage systems by using identity and access management controls. All employees and our contracted service providers are required to keep our information secure and we consistently review our compliance with the Privacy Law.

We will take all reasonable steps to ensure that Personal Information we hold is accurate, complete, up-to-date, relevant and not misleading.

If we no longer require your Personal Information for the purposes it was obtained we will take reasonable steps to destroy or de-identify the information we hold about you, unless it is information contained in a Commonwealth record or we are required by law, or a court, to retain the information.

Access to Your Personal Information

You have a right to access personal information we hold about you. We will allow access to your Personal Information where you request access by directly contacting us using the details provided below, except where the Privacy Act 1988 (Cth) (including the APPs) allow us to refuse to do so. You also have a right to ask us to correct information we hold about you that is inaccurate, incomplete, out-of-date, irrelevant or misleading.

In some circumstances, there may be a reasonable fee charged for giving you access to your Personal Information in a mutually agreed format. This charge covers activities such as locating the information and supplying it to you.

If we refuse to correct your Personal Information, or provide access as requested, we must notify you in writing of the reasons for refusal (unless it is unreasonable for us to do so); and the mechanisms available for you to complain about the refusal.

Policy Updates

Any changes to this Privacy Policy will be posted on our website at aquariusfilms.com.au. Unless stated otherwise, changes will be effective immediately upon being placed on the website. Your continued use of the website, social media sites or ongoing communications or dealings with us, following such amendments being placed on the website will represent an agreement by you to be bound by the Privacy Policy as amended.

Privacy Policy Complaints and Enquiries

If you have any queries or complaints about our Privacy Policy, please contact us first by using the contact details provided below;

Aquarius Films Pty Ltd
Suite 13, 17 Thurlow Street, Redfern NSW 2016 Australia
admin@aquariusfilms.com.au
www.aquariusfilms.com.au

We will consider and respond to any complaint notified to us within a reasonable time.

Complaints to the Australian Information Commissioner

In case of dissatisfaction with a response from us you may decide to contact the Australian Information Commissioner:

Office of the Australian Information Commissioner
Sydney NSW 2001
Telephone: 1300 363 992
Email: enquiries@oaic.gov.au