Privacy Policy
Privacy Policy
Updated: December 2022
1 Introduction
1.1 Lotterywest is committed to protecting privacy and the confidentiality of personal information.
1.2 Lotterywest collects, holds, uses and discloses personal information to carry out its functions and activities under the Lotteries Commission Act 1990 (WA) (the Act). Lotterywest’s functions are to conduct lotteries, distribute grants to eligible Western Australian entities and to perform any other function vested by the Act.
1.3 Although not bound by the provisions of the Privacy Act 1988 (Cth) , Lotterywest has broadly adapted in this Policy relevant provisions from the Australian Privacy Principles.
1.4 This Policy explains the types of personal information we collect, how we collect, use and disclose this information, the steps we take to protect information, how you can access and change your personal information and how you can make a privacy complaint.
1.5 For the purposes of this Policy, personal information includes sensitive information (as defined in the Privacy Act 1988 (Cth) ).
2 Consent
2.1 By:
a) using any Lotterywest website, app or portal or purchasing any Lotterywest product;
b) agreeing to the terms and conditions for any Lotterywest product or grant;
c) applying to become or becoming a Lotterywest retailer, grant recipient or registered player;
d) providing services to Lotterywest; or
e) otherwise providing your personal information to us, you confirm that you:
f ) have read and agree to this Privacy Policy; and
g) consent to us collecting, storing, using and disclosing your personal information in accordance with the terms of this Policy.
3 What kinds of information do we collect and/or hold?
3.1 The type of personal information collected by Lotterywest will depend upon the nature of your relationship with us and the kind of activity we are conducting.
3.2 The type of information that Lotterywest may collect and hold includes the following (noting that we will not necessarily collect all of the below information from you and that we collect and hold different information depending on whether you are a player, retailer, grant applicant, contractor etc):
a) full name, postal and residential address, e-mail address, telephone and fax numbers;
b) occupation and work history;
c) date of birth, gender and marital status;
d) passport number, driver’s licence and Medicare details (for the purposes of identification);
e) bank account details;
f ) criminal history and working with children checks;
g) financial position, business/organisational details, business plans and credit check information;
h) information associated with web browsing, such as your IP address;
i) product purchase details and playing history and behaviour;
j) prize payment details and other financial transactions with us;
k) call center telephone recordings;
l) any photos, videos or feedback you share with us, including via social media; and
m) any other information you provide to us by any means.
4 How do we collect your personal information and how do we hold it?
4.1 Lotterywest may collect personal information from or about you in a number of circumstances, including, but not limited to:
a) from publicly available sources of information;
b) when you contact us directly via phone, email, mail or social media;
c) when you register to become a Lotterywest registered player (on any Lotterywest or hosted platform) and/or when you register to get updates on our games, services and activities;
d) to verify your identity or age (you must be 16 years or over to play our games);
e) when you apply to become a Lotterywest retailer;
f ) when you apply for a Lotterywest grant;
g) when you use our websites, apps, portals or social media channels;
h) when you claim a prize;
i) when you sign up to receive information from us;
j) when you take part in one of our competitions and/or promotions;
k) when you provide or offer services to us;
l) from third parties;
m) from our own records at Lotterywest; or
n) when legally required to do so.
4.2 You can browse the general content of Lotterywest’s websites anonymously, without disclosing your personal information. However, some functionality on these websites may require you to provide personal information.
4.3 For example, when you register your interest or otherwise in the course of us providing services such as the provision of lottery games and the making of grants to you, Lotterywest may need to collect personal information which may include your name, address, telephone/mobile phone number, e-mail address, bank account details, credit card details, your business name and your user ID or password.
4.4 Wherever it is possible, we try to collect personal information directly from you. Where it is unreasonable or impractical to collect information directly from you, we may collect your personal information from a third party.
5 Social media
5.1 Lotterywest may also use third-party websites and platforms for interactive sharing and to connect with stakeholders. This includes social media platforms, including but not limited to, Facebook, Instagram, Twitter, LinkedIn and YouTube.
5.2 When you browse and make use of Lotterywest’s social media platforms, you are using an external site and are therefore subject to the privacy policies and practices of that site. These third-party sites may allow them to use your personal information in ways that will be different to the way Lotterywest uses and discloses your personal information. If you have any questions or concerns regarding that site’s privacy policies and practices, you should review the privacy statement of the relevant site. Lotterywest does not exercise any control over the management of those sites. Lotterywest does not endorse, and is not accountable for, any views expressed by third parties using or providing those sites.
5.3 In addition, our website uses Facebook Pixels to tailor content specifically for you within Facebook and to measure the success of campaigns. Facebook pixels use cookies, JavaScript code, web beacons and similar technologies to gather information. All information shared between Lotterywest and Facebook is encrypted. You can choose to opt out from tailored content through your Facebook settings. However, if you change your settings and are following Lotterywest on Facebook, you may still see our organic posts.
5.4 Lotterywest may record and monitor information posted to its social media channels and use that information for the purposes of administering the channels, for record keeping, for considering and/or addressing any comments made, for direct marketing and for running competitions and campaigns.
6 How do we hold and store your information?
6.1 Lotterywest is bound by the* State Records Act 2000 (WA) *(the State Records Act) and the Lotterywest Recordkeeping Plan which is made pursuant to that legislation. The State Records Act and the Lotterywest Recordkeeping Plan apply to all records generated by Lotterywest. They also determine how we retain or destroy records of personal information.
6.2 Most of the personal information we collect is stored locally on our network storage and on cloud systems, but some of it is stored in hard copy. Hardcopy and electronic records are kept both on and offsite.
7 Security
7.1 Lotterywest is accredited through the World Lottery Association’s Security Control Standard which mandates information and operations security and integrity requirements for lottery operators.
7.2 Lotterywest strives to ensure the security, integrity and privacy of the personal information of its stakeholders. Lotterywest takes all reasonable steps to protect the security of all personal information.
7.3 Lotterywest personnel are required to respect the confidentiality of personal information and the privacy of individuals.
7.4 Lotterywest uses a variety of physical and electronic security measures, including restricting physical access to our offices (using access passes, CCTV and alarm systems), firewalls, intrusion detection systems, virus scanning software and secure databases to keep personal information secure from misuse, loss or unauthorised use or disclosure. System security includes strict privilege access to electronic files and encryption in some cases for transmission of files and data. In relation to personal information provided through Lotterywest websites, apps and portals, unfortunately, no data transmission over the Internet can be guaranteed to be totally secure.
7.5 When and where Lotterywest receives unsolicited information, Lotterywest will determine whether the unsolicited information should properly be retained as a record of Lotterywest. Where Lotterywest determines that the unsolicited information is not properly a record of Lotterywest, Lotterywest will take reasonable steps to destroy the information as soon as practicable, so long as it is lawful and reasonable to do so.
7.6 Lotterywest is not responsible for the content, policy or practices of websites operated by third parties that are linked to the Lotterywest website. Links to third party sites do not constitute sponsorship, endorsement or approval by Lotterywest of the content, policies or practices of those third party sites. When you follow a link from the Lotterywest website to another website, we recommend you read and consider the privacy statement of that website.
8 Cookies
What are cookies?
8.1 A cookie is a small text file stored on your computer’s browser. It is shared between a web server and a user’s browser. Many cookies from websites will be visible from your browser. You will usually find information on cookies and how to manage them under “options” or “settings” in your browser. You can choose to see cookies before deleting them and to keep cookies from some sites.
8.2 There are several different types of cookies. The following are used on Lotterywest’s websites:
a) Strictly necessary cookies: These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. These cookies do not store any personally identifiable information.
b) Performance cookies: These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies, we will not know when you have visited our site, and will not be able to monitor its performance.
c) Targeting cookies: These cookies may be set through our site by our advertising partners. They may be used by those organisations to build a profile of your interests and show you relevant adverts on other sites. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising.
Why and how does Lotterywest use cookies?
8.3 Generally we use cookies to learn about the way you interact with Lotterywest’s content and to help us to improve your experience when visiting Lotterywest’s websites.
8.4 Lotterywest may record your visit through the use of cookies and may log the following information for statistical, marketing, responsible gambling, reporting and system administration purposes:
a) your server address and approximate geographic location;
b) your top-level domain name (e.g. .com, .gov, .au, etc);
c) the date, time and duration of your visit to Lotterywest’s site;
d) the pages accessed and documents downloaded by you;
e) the previous site(s) visited by you;
f ) your operating system; and
g) the type of browser used by you.
8.5 Most of the information collected by cookies will not be sufficient to identify you – this is because the information collected will be very “general” in nature, relating to your interests (i.e. the products you have looked at) and the websites you have visited previously.
8.6 Third party (performance and targeting) cookies are used on Lotterywest’s website to enable remarketing and reporting for impression assisted visits, website conversions, user demographics and user interests.
8.7 Third party cookies are sent by different organisations (such as businesses which provide content such as advertising) to the owner of the website you are visiting – so in this instance this means by organisations other than Lotterywest.
8.8 The third party cookies we use on our website include (but are not limited to):
a) Google and Adobe Analytics: Lotterywest uses Google and Adobe Analytics, a web analytics service provided by Google Inc. Reports obtained from Google Analytics are used to help improve the efficiency and usability of Lotterywest’s website. Both Analytics use first party cookies and JavaScript code to gather statistics about how this website is accessed. It anonymously tracks how our visitors interact with this website, including which website they came from previously and what they did on the site (i.e. which pages they visited). The information generated by the cookie and JavaScript code about your use of the website (including your IP address) will be transmitted to and stored by Google and Adobe on servers located outside of Australia. Google and Adobe will use the information transmitted to it for the purposes of evaluating your use of our website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google and Adobe may transfer this information to third parties where it is required to do so by law or where such third parties process the information on Google’s and Adobe’s behalf.
b) Google Analytics Advertising Features: Lotterywest also uses Google Analytics Advertising Features. By enabling the Advertising Features, Lotterywest enables or permits Google Analytics to collect data about the traffic to Lotterywest’s website via the use of Google advertising cookies and identifiers, in addition to the data collected through the standard Google Analytics feature. The Google advertising cookies are used to, among other things: select advertising for users based on what is relevant to them, to improve reporting on campaign performance and to avoid showing ads the user has already seen.
c) YouTube: We embed videos or insert links to videos from YouTube from time to time on our website. As a result, when you visit a page with content embedded from or linked to YouTube, you may be presented with cookies from these websites.
d) Facebook tracking/web pixel: The Facebook tracking/web pixel is a piece of code provided by Facebook that is placed on or within a website to alert Facebook when a “conversion” is complete – that is, when a party clicks on a Facebook advertisement and then connects with website(s) of the party responsible for the advertisement. Lotterywest may make use of this tracking/web pixel to run and facilitate the campaigns and competitions it runs via Facebook. The tracking/web pixel allows Lotterywest to track the “conversions” that happen as a result of Lotterywest’s Facebook advertisements.
How can I manage, reject and/or delete cookies?
8.9 We will not knowingly use cookies to collect personally identifiable information about you.
8.10 As noted above, Lotterywest sometimes links to or embeds content from other websites and organisations such as Facebook and YouTube. Lotterywest does not control the dissemination of third-party cookies from these sites. In order to manage and/or reject and delete third party cookies, you will need to refer to the privacy policies of the relevant third-party website(s).
8.11 If you want to control or opt out of the operation or application of Google Analytics and/or the Google Analytics Advertising Features, you should refer to Google’s guide(s) on opting out of those features at: http://www.google.com/intl/en/policies/privacy/.
9 The purpose of our collection, holding of, use or disclosure of personal information
9.1 Lotterywest will, in certain circumstances, collect, hold, use and/or disclose your personal information
9.2 Your personal information will only be used and disclosed for the primary purposes listed below or for such other secondary purposes that are related to that purpose, unless we disclose other uses in this Privacy Policy or at the time of the collection of that information.
9.3 Lotterywest will use and disclose your personal information for the following primary purposes, including but not limited to:
a) to register you as a player and to verify your identity;
b) to open and administer an online player account;
c) to assist you with enquiries, support or complaints;
d) for direct marketing purposes or online advertising (including via social media platforms including, but not limited to, Facebook, Twitter, LinkedIn, Instagram)
e) to help us research the needs of our stakeholders;
f ) to personalize and customize your experiences with our website and products;
g) to operate our business and provide our products and services;
h) for accounting and administration purposes;
i) to carry out credit and business checks;
j) to maintain a relationship with you as a customer or subscriber to our mailing lists;
k) to undertake surveys and other market research to assist us in assessing and improving our services and
products;
l) to process an application to become a Lotterywest retailer;
m) to process a grant application;
n) to communicate with you;
o) to help us manage and enhance our services;
p) to purchase from you;
q) for debt recovery;
r) to check and validate, on an ongoing basis, your current contact details and whether you are still a living person and eligible to be registered as a player;
s) for any purpose for which the information was provided; or
t) any other purpose related to any of the above.
9.4 We will only make use of or disclose your personal information for a secondary purpose if:
a) you have consented to the use or disclosure of that information; or
b) you would reasonably expect Lotterywest to use or disclose the information for the secondary purpose; or
c) the use or disclosure of that information is required or authorised by or under legislation or court/tribunal order; or
d) a “permitted general situation” exists under the Privacy Act in relation to the use or disclosure of the information by Lotterywest; or
e) Lotterywest reasonably believes that the use of the information is reasonably necessary for one or more enforcement related activities conducted by, or on behalf of, an enforcement body.
9.5 Apart from the above instances, we may also use and disclose your personal information:
a) with your consent;
b) in situations where Lotterywest has reason to believe that doing so is necessary to identify, contact or bring legal action against anyone damaging, injuring, or interfering (intentionally or unintentionally) with our rights or property, users, or anyone else who could be harmed by such activities; or
c) to comply with Parliamentary processes or requests;
d) as otherwise required at law, including the Freedom of Information Act 1992 (WA) (the FOI Act) or pursuant to a subpoena or notice to produce.
9.6 As a general rule, your personal information will only be accessed and viewed by Lotterywest staff and officers, as and when it is appropriate or necessary to perform their duties. However, we may disclose your personal information for the above primary, secondary and other listed purposes to:
a) third-party contractors, suppliers and service providers, including third parties that are located outside of Australia. Service providers, suppliers and contractors include parties engaged to assist in managing, operating and marketing our business and business systems, including, but not limited to, our gaming system provider, our online gaming platform providers, IT service providers, marketing agencies, research agencies, social media providers (including, but not limited to, Facebook) and entities who check and validate your contact details and legal status;
b) our employees, contractors and service providers as required to perform their functions in accordance with this Privacy Policy;
c) State and Commonwealth law enforcement agencies or regulators, where a lawful request is made;
d) Our internal and external auditors;
e) Other government departments, agencies or entities; and
f ) Investigators and entities engaged to help identify illegal or improper activities and prevent fraud.
10 Direct marketing and Opting Out
10.1 In this Privacy Policy, “direct marketing” means using and/or disclosing personal information to communicate directly with you to promote our products and services.
10.2 Lotterywest and our marketing service providers may undertake direct marketing by communicating with you through a variety of channels, including but not limited to, telephone, telemarketing, SMS or MMS messaging, postal mail, e-mail, Facebook and other online advertising and social media platforms. Lotterywest may also undertake direct marketing through its media service providers. You consent to receiving such marketing communications.
10.3 You can choose to opt out of Lotterywest direct marketing communications by signing in to your Lotterywest membership online and adjusting your communication preferences, clicking the “Unsubscribe” link on Lotterywest emails, or emailing the Lotterywest Customer Services team on [email protected]. Opt-outs of app notifications can be managed by updating your device settings.
10.4 Lotterywest will take reasonable steps to facilitate a request by you to opt-out of receiving direct marketing communications. This may be a request to opt-out of receiving certain communications or to opt-out altogether.
10.5 Lotterywest will not charge you for making such a request or for giving effect to such a request.
10.6 Lotterywest will take reasonable steps to give effect to such request within a reasonable period of time after the request is made.
11 Disclosure to overseas recipients
11.1 Lotterywest may send your personal information overseas, for example to our gaming systems providers, cloud service providers or to other service providers who operate or hold data outside Australia.
11.2 Such disclosures will only be in the normal course of doing business and only for the primary or secondary purposes listed above.
11.3 The location of any recipients will vary depending on the project or purpose concerned.
11.4 Where we do disclose your personal information outside Australia, we will take reasonable steps to ensure and/or encourage any overseas recipients to comply with privacy policies and regulations which are similar to or more strenuous than those required by applicable Australian legislation. However, it is not possible for Lotterywest to compel them to do so.
11.5 When you communicate with us through a social network service such as Facebook or Twitter, the social network provider and its partners may collect and hold your personal information overseas.
12 How can you access your personal information?
12.1 You can make a request for access to your personal information informally in writing or pursuant to the terms of the FOI Act. If you are in the EU, you may request access pursuant to the terms of Article 15 of the GDPR. Lotterywest aims to, whenever possible, facilitate informal requests for personal information.
12.2 Lotterywest will take reasonable steps to respond to a request for access within a reasonable period of time after the request is made (within 45 days for FOI requests and within 30 days for informal requests) and to give access to the information in the manner requested by the individual, if it is reasonable and practicable to do so.
12.3 In the event that Lotterywest refuses to give you access to the personal information requested by you, we will give you a written notice which sets out the reasons for the refusal (except to the extent that it would be unreasonable to do so) and the mechanisms available to you to complain about the refusal.
12.4 Requests for access may be lodged in the following ways:
By Phone or Email
FOI Coordinator
Telephone: 133 777
Email: [email protected]
OR
By Mail
FOI Coordinator
Locked Bag 66
Subiaco WA 6904
12.5 Lotterywest reserves the right to impose minimal charges for providing you with your personal information if it forms the view that your request is unfounded or excessive. The scale of fees and charges set out in the Freedom of Information Regulations 1993 (WA) will apply to a request under the FOI Act.
12.6 Should you experience difficulty in determining the correct route through which to request access to your personal information, please contact our FOI Co-ordinator and they will provide you with assistance.
13 Request for correction of personal information
13.1 You can make a request for the correction and/or amendment of your personal information informally in writing or pursuant to the terms of the FOI Act.
13.2 Applications to have personal information held by Lotterywest corrected or amended should:
a) be made in writing to the FOI Coordinator, as detailed in clause 12.4;
b) provide enough information to determine what changes are required; and
c) provide your current contact details.
13.3 In the event Lotterywest refuses to correct your personal information, Lotterywest will give you a written notice which sets out the reasons for the refusal (except to the extent it would be unreasonable to do so) and the mechanisms available to you to complain about the refusal.
13.4 Lotterywest will take reasonable steps to respond to a request for correction within a reasonable period of time after the request is made (within 30 days) and will not charge you for the making of the request or for the correction of the personal information.
14 Your rights in the EU
14.1 Lotterywest processes personal information both as a Processor and as a Controller, as defined in the European Union General Data Protection Regulation (Regulation (EU) 2016/679) (GDPR).
14.2 Subject to legal constraints, including Lotterywest’s obligations under the State Records Act, if you are in the EU your principal rights under the GDPR are:
a) the right to be informed;
b) the right to access;
c) the right to rectification;
d) the right to erasure, i.e to be forgotten;
e) the right to restrict processing;
f ) the right to object to processing;
g) the right to data portability; and
h) right to not be subject to automated decision making.
14.3 You can read the relevant laws and guidance from the regulatory authorities under the GDPR for a full explanation of these rights.
15 Data breaches
15.1 We are committed to protecting information we hold about you.
15.2 Where we become aware of a potential data breach which is likely to result in serious harm to any individuals about whom we hold information, we will:
a) investigate the suspected breach and determine the scope of any breach that has occurred and the risk of harm to affected individuals whose information may have been compromised;
b) notify you of the potential breach; and
c) take steps to minimise any harm caused to affected individuals as a result of the breach. 15.3 Where any data breach relates to tax file numbers, Lotterywest will comply with obligations under the Notifiable Data Breaches Scheme.
16 How can I complain about a breach or give feedback on how Lotterywest deals with my personal information?
16.1 Should you wish to provide Lotterywest with feedback with respect to its management of your personal information, to complain about a breach of Lotterywest’s privacy obligations or the FOI Act or to appeal a decision with respect to a request for access to or the correction of personal information, please contact us at the address set out at clause 17.1 below.
16.2 Lotterywest will take reasonable steps to respond to your complaint and/or feedback within 45 days.
16.3 In the event that you wish to have a decision refusing access to your personal information and/or refusing to correct your personal information reviewed or to lodge a complaint with respect to the management of your personal information, please contact us on the contact details set out at clause 17.1 below.
17 Queries and Feedback
17.1 If you have any queries relating to this Privacy Policy, or you have any feedback, please contact Lotterywest:
a) by email at [email protected];
b) by calling us on 133 777.
18 Changes to Privacy Policy
18.1 We will review this Privacy Policy periodically and may modify and update it at any time. Changes to this Privacy Policy will come into effect immediately upon such changes being notified via our websites, apps, social media channels or other communications with you. In addition, your continued use of our websites, apps, social media channels, products or services constitutes your acceptance of any changes to the Privacy Policy.
Contact
Level 2, 38 Station Street, Subiaco WA 6008
Locked bag 66, Subiaco WA 6904
Phone 133 777
Email [email protected]
Web lotterywest.wa.gov.au
WA Government wa.gov.au