The protection of personal information is important to Basketball Magic Pty Ltd in its capacity as the operator of NBA Basketball School Australia (“NBSA”). NBSA is committed to respecting the right to privacy and the protection of personal information.  This policy applies to all personal information in conjunction with the operation of NBSA.  

This document sets out: 

What personal and sensitive information NBSA collects; 

• How NBSA collects and stores personal and sensitive information; 
• How NBSA uses or discloses personal and sensitive information; 
• How individuals can access or seek correction of information held by NBSA; and 
• Who to contact regarding privacy issues and complaints. 

Defined terms:

“NBA” means the National Basketball Association, a professional basketball league in North America.

“NBAP” means NBA Properties Inc, the company associated with the NBA, which controls the merchandising and marketing and licensing of all 30 NBA teams and affiliated entities.

“NBSA” means the NBA Basketball School Australia, a tuition-based basketball development program operated by Basketball Magic Pty Ltd under a licence from NBAP.

By providing your personal information to the NBSA, you consent to its use, storage and disclosure in accordance with this Policy. 

This Policy provides for the way in which NBSA may collect, use, store and disclose information.  Third-party commercial entities and subsidiaries, whether owned or acting on behalf of an NBSA, may be subject to the same privacy laws and may be governed by their own privacy policies.  NBSA will always do its utmost to ensure that personal information is respected and protected. 

1. WHAT PERSONAL AND SENSITIVE INFORMATION IS COLLECTED?

1.1 Personal Information 

Personal information is information or an opinion (including information or an opinion forming part of a database) from which it is possible to determine someone’s identity. 

The information collected by an NBSA about a particular person will vary depending on the circumstances of collection.  It may include, but not be limited to, a person’s contact details (name, email and/or postal address, phone number), date of birth, gender, credit card details, driver’s licence number, passport number, insurance details, employment history, qualifications or communication history with an ABE.  Only relevant personal information is collected.  NBA Basketball School Australia uses its best endeavours not to collect personal information that is not needed. 

1.2 Sensitive Information 

Sensitive information is a type of personal information that also includes information or an opinion about: 

 1.2.1 racial or ethnic origin; 

1.2.2 political opinions; 

1.2.3 membership of a political association, professional or trade association or    trade union; 

1.2.4 religious beliefs or affiliations or philosophical beliefs; 

1.2.5 sexual preferences or practices; 

1.2.6 criminal record; or 

1.2.7 health, genetic information or disability. 

If it is reasonably necessary for the circumstances, an NBSA may also collect sensitive information such as a person’s medical history, nationality, ethnic background and languages spoken or the details of any disabilities. 

NBSA is required by law to obtain consent when collecting sensitive information.  NBSA will assume consent to the collection of all sensitive information that is provided to it for use in accordance with this Policy unless told otherwise.  Whenever possible, NBSA will alert persons providing sensitive information that, by providing the information, they are consenting to its use and disclosure in accordance with this Policy. 

2. HOW IS PERSONAL AND SENSITIVE INFORMATION COLLECTED?  

2.1    Collecting information 

Information may be collected when you: 

• Register as a participant (or express interest in registering as a participant) in any basketball activity or program conducted by, or on behalf of, NBSA; 
• subscribe to any publication of the NBSA, including electronic publications; 
• provide details to NBSA in an application form, consent form, survey, feedback form or incident  report; 
• enter personal information into, or agree to have your personal information entered into, any NBSA online system;  
• access the NBA website, the NBA Australia website or the NBSA website; 
• contact NBSA via email, telephone or mail or engage with NBSA via social media; 
• participate in any program, activity, competition or event run by NBSA; 
• purchase tickets to a NBSA related event from NBSA or an authorised agent or licensee; 
• purchase merchandise, products or services from NBSA or an authorised agent or licensee; 
• are elected or appointed to a committee of NBSA; 
• apply for employment or a volunteer position with NBSA; or 
• where NBSA is required to do so by law (for education, VET training, child protection, work health and safety laws, AVETMISS, visa applications, charitable collections, medical treatment, insurance requirements or other legislation in Australia). 

2.2 Providing information 

Depending on the circumstances of a request for information, some types of information will be required, and others might be optional. If you do not provide some or all of the information requested by NBSA, this may affect NBSA’s ability to communicate with you or provide the requested products or services may be affected. 

By not providing the requested information, you may jeopardise your ability to participate in programs or competitions or apply for employment or volunteer positions with NBSA. If it is impracticable for NBSA to deal with you as a result of you not providing the requested information or consent, NBSA may refuse to do so. 

2.3 Collection from third parties 

NBSA may collect personal information regarding a child from the parent or other responsible person associated with that child. 

2.4 Information storage and protection 

NBSA stores information in different ways, including in paper and electronic forms. Much of the information NBSA collects is added to its electronic database.  When information is entered into this database, the information may be combined or linked with other information held about you. 

Security of personal information is important to NBSA. NBSA has taken steps to protect the information it holds from misuse, loss, unauthorised access, modification or disclosure. Some of the security measures NBSA uses includes strict confidentiality requirements for its employees, volunteers, affiliates and service providers, as well as security measures for system access and security measures for NBSA’s website, such as firewalls and system encryption. 

NBSA is required to comply with the Federal Government Notifiable Database Breaches Scheme (NDBS).  When NBSA has had a database breach that could result in serious harm, it will notify the individual(s) that is/are affected.  The NBSA, when notifying the individual(s) and the Australian Information Commissioner, will also outline what steps will be undertaken in response to the breach. A review of the breach will be undertaken, and action(s) will be implemented to prevent a future breach. 

3. HOW  IS  PERSONAL  AND  SENSITIVE  INFORMATION USED AND DISCLOSED?

3.1 Use 

NBSA and third parties to whom it may disclose personal information (including without limitation the NBA or NBAP) in accordance with this Policy, may use personal information to: 

• verify a person’s identity; 
• complete background checks; 
• research, develop, run, administer and market competitions, programs, awards, activities and other events relating to a variety of Basketball events and activities, including but not limited to competitions and events, membership management, education offerings and organisation and social events; 
• assist police and/or other legal agencies for the purposes of investigation or advising regarding medical treatment, amongst others; 
• research, develop and market products, services, merchandise and special offers made available by NBSA and third parties; 
• respond to emergency situations involving or requiring medical treatment; 
• administer, manage and provide you with access to NBSA database(s), self service portal and other IT based applications; and 
• keep you informed of news and information relating to various basketball events, activities and opportunities via various mediums and platforms. 

NBSA may use health information to ensure that programs they operate are run safely and in accordance with any particular health needs participants may require. Health information may also be kept for insurance purposes. In addition, an NBSA may use de-identified health information and other sensitive information to carry out research, to prepare submissions to government or other regulatory bodies, to Basketball Australia or to plan events and activities.  NBSA will not use health information for the purposes of providing a Health Service as defined under the Privacy Act 1988 and are not, and should not be considered, to be a Health Service. 

3.2 Disclosure 

Your personal information may be disclosed to a range of organisations which include, but are not limited to

• NBA and NBAP;
• Basketball Australia or its affiliated clubs; 
• companies engaged to carry out functions and activities on NBSA’s behalf, including direct marketing; 
• professional advisers, including its accountants, auditors and lawyers; 
• insurers; 
• relevant sporting bodies such as Basketball Australia and its affiliated clubs, other national sporting organisations and government departments of sport, amongst others;  
• police and other investigatory agencies; and 
• in other circumstances permitted by law. 

In some circumstances, personal information may also be disclosed outside of Australia, including to the NBA and NBAP in New York, USA.  In such circumstances, NBSA will use reasonable endeavours to ensure that such parties are subject to a law, binding scheme or contract which effectively upholds principles for fair handling of the information suitably similar to the Australian Privacy Principles. 

Any disclosure will be on such terms and conditions as NBSA determines, taking into account the circumstances of the disclosure but always with the best interests of the parties whose personal information is being disclosed. 

Furthermore, NBSA’s electronic data may be stored by third-party providers and may be stored offshore. Where personal information is stored offshore, the NBSA will use reputable companies and have contracts in place with the service providers to maintain the security and integrity of the information. 

3.3 Direct Marketing 

Unless you advise NBSA otherwise, the NBSA will assume you have consented to NBSA using non-sensitive personal information to provide you with better services and also for marketing purposes (including disclosure of such information to service providers). 

Every person whose data is collected by NBSA has the option to refuse e-mail, SMS or posted offers.  You may do this by the opt-out procedures included in any communication from NBSA. Information relating to the option to unsubscribe from those communications may be retained. 

If you are still not satisfied with the communication you are receiving, you can also write to NBSA’s Privacy Officer, the contact details set out below. 

3.4 Other disclosures 

In addition, NBSA may also disclose personal information:  

3.4.1 with your express or implied consent; 

3.4.2 when required or authorised by law; 

3.4.3 to an enforcement body when reasonably necessary; or 

3.4.4 to lessen or prevent a threat to an individual or public health or safety. 

3.5 Website 

When users visit the NBSA website, its systems may record certain information about their use of the site, including the web pages visited and the time and date of their visit.  NBSA uses this information to help analyse and improve the performance of websites. 

In addition, NBSA may use “cookies” on their websites. Cookies are small text files that help a website to remember the preferences of users to improve the experience of using that website.  In some cases, the cookies that we use may collect some personal information.  NBSA will treat this information in the same way as other personal information it collects.  You may disable cookies on your internet browser to prevent this information from being collected; however, you may lose the benefit of an enhanced website experience that the use of cookies may offer. 

Websites linked to the NBSA website are not subject to NBSA’s privacy standards, policies or procedures.  NBSA does not take any responsibility for the collection, use, disclosure or security of any personal information that you provide to a third-party website.  

4. ACCESSING AND SEEKING CORRECTION OF INFORMATION HELD

NBSA will take all reasonable steps to ensure that the personal information it collects, uses or discloses is accurate, complete and up-to-date.  However, NBSA relies on the accuracy of personal information as provided to it both directly and indirectly. 

NBSA also relies on its staff and volunteers to enter data and take all reasonable steps to ensure that data is accurately recorded. 

Individuals may also request access to their personal information held by BA by making a request via the contact details set out below.  NBSA will respond to your request for access within 14 days and endeavour to provide the requested information within 30 days.  If you find that the personal information held about you is inaccurate, incomplete or out-of-date, please contact NBSA immediately so it can be corrected.  

5. RESOLVING PRIVACY ISSUES AND COMPLAINTS 

Any issues or complaints in relation to the collection, use, disclosure, quality, security of and access to your personal information may be made to the NBSA Privacy Officer at: 

Ben O’Neill, Privacy Officer 

NBA Basketball School Australia 

Apartment 212, 186 Campbell Parade, 

BONDI BEACH  NSW  2026

Email: enquiries@nbabasketballschool.com.au

NBSA will respond to your complaint within 30 days and endeavour to resolve it within 90 days.  If NBSA is unable to resolve your complaint within this time, or you are unhappy with the outcome, you can contact the Office of Australian Information Commissioner via its enquiries line 1300 363 992 or the website http://www.oaic.gov.au/  to lodge a complaint. 

All employee enquiries, job applications, scoring queries and incidental matters should be referred to NBSA.  

For further information on NBSA’s management of personal information, please contact NBSA.  

NBSA may amend this Privacy Policy from time to time.   

6. PRIVACY DECLARATION FOR THIRD PARTY SYSTEMS

Privacy laws require organisations to notify individuals at the time that the information is collected. Below is a declaration that can be used by NBSA at the point of data collection (as a suggestion) in order to comply with the new requirements: 

“Privacy: I understand that the information I have provided in this form is necessary for the proper management of this activity and for the administration of basketball-related activities in Australia. 

The information is collected in accordance with the NBSA Privacy Policy (available at www.nbabasketballschool.com.au). 

NBSA may share my information in accordance with the Privacy Policy, and it may also be used to notify me of other events, and news, and to offer the provision of services, including by third-party providers, to me. 

I understand that NBSA’s Privacy Policy contains information about how I may access and request correction of my personal information held by NBSA, or make a complaint about the handling of my personal information, and provides information about how a complaint will be dealt with by NBSA.  If the information is not provided, my application may be rejected, or services may be unable to be provided to me. 

I acknowledge that if I do not wish to receive promotional material from NBSA sponsors and third parties, I may advise in writing or via the opt-out process provided in the relevant communication. 

Privacy complaints should be directed to NBA Basketball School Australia.