Privacy Statement
Privacy Statement
Tailwind Promotions Pty Ltd complies with the Privacy Act 1988 (Cth) ("Privacy Act") as amended by the Privacy Amendment (Private Sector) Act 2000 (Cth)("Amendment Act") and has adopted a set of privacy principles in its policy which is consistent with the National Privacy Principles as amended in September 2001 ("NPPs").
This privacy statement applies to this web site that is owned and operated by Tailwind Promotions Pty Ltd.
How is my personal information collected?
The purpose of personal information that we collect from you will depend on how you interact with Tailwind Promotions Pty Ltd’s web site. This section will explain in the broad sense, just how personal information may be collected via our web sites, and how this information contributes to the development of the Tailwind Promotions Pty Ltd web site.
Cookies
This web site uses cookies. Cookies are pieces of information that a web site can transfer to an individual's computer hard drive for tracking (site usage) user navigation and customizing site information to further improve and enhance the user experience.
Most Internet browsers are preset to accept cookies. However, if you are concerned about the use of cookies you do have the option to opt out and refuse the transfer of cookies to your computer's hard drive. If you prefer not to receive cookies, you can adjust your Internet browser to refuse cookies or to warn you when cookies are being used. Please contact the company that produces your browser if you need help.
Online forms
When submitting information on some of our sites for the purposes of an enquiry, we will collect details such as your name, e-mail address and some details of your personal interests and needs. Some of this information is essential for us to be able identify accurately who is using the service so that we may be able to respond to your requests and as such is indicated by mandatory fields. Mandatory Information Requirements are clearly identified and are denoted by an asterix(*). You will also be prompted when submitting a form if mandatory data has not been completed.
Other types of information, such as your age and gender, are collected to help us profile who is using the services and what their interests are. Information of this type is optional: you only need to fill it in if you wish to do so.
Generally, you may be asked to provide personally identifiable information when you:
• send us your comments or suggestions
• create a link to the Tailwind Promotions Pty Ltd site
• register for Tailwind Promotions Pty Ltd services
• subscribe to Tailwind Promotions Pty Ltd publications
• request sales and advertising information
• submit an enquiry
In all cases, your information will be held in the strictest confidence.
How can I control my personal information?
Users are not required to register on Tailwind Promotions Pty Ltd web site in order to use it. Our commitment is to provide you with the opportunity to opt out, check or correct any information you have submitted on-line to Tailwind Promotions Pty Ltd or any of its affiliates or partners. Please refer to the appropriate page to request the changes. Where requested, Tailwind Promotions Pty Ltd will remove any personal identifiable information from its current operational systems.
How secure is my information?
Any personal information that is submitted to our web site is held with the strictest confidence. This information is securely stored and access is restricted to authorised Tailwind Promotions Pty Ltd personnel only, ensuring that your personal information is protected and safeguarded.
How do we use your information?
The information we gather from your use of our web site enables us to provide better services that are tailored to your needs. For example, recording usage patterns helps us identify the areas of our site that are popular and those that are not. The data that is gathered is aggregated for analysis by Tailwind Promotions Pty Ltd. Identifiable characteristics and the user's name remain anonymous.
We use information that you submit via an on-line form from our web site in any one of the following ways:
• to make changes to your profile at your request
• to register information at your request
• to respond to your submission or enquiry
We will only record your e-mail address if you send us a message. It will only be used for the purpose for which you have provided it, as outlined above. Your personal identifiable information will not be used for any other purpose, and we will not disclose it to anyone else without your consent.
Your personal information is not shared with any other third parties unless explicitly and expressly communicated when you submit the information. The information is contained and access is restricted to Tailwind Promotions Pty Ltd authorised personnel only. However, where it is necessary for law enforcement purposes or where we believe there is a threat to a person's safety or health, we may need to disclose your personal information to third parties as required by law.
Is my personal information shared with anybody outside of Tailwind Promotions Pty Ltd?
Tailwind Promotions Pty Ltd acknowledges that you will click through to third party sites from our site, and thus recommends that you refer to the privacy statements of the sites you visit. Tailwind Promotions Pty Ltd assumes no responsibility for information and content of third party sites.
How often should I check this privacy statement?
We may make changes to this statement from time to time, so you may like to check it each time you visit the site.
What else should I know about privacy?
Here are some more pointers to assist you in further protecting your privacy on the Internet:
Remember to close your browser when you have finished your user session. This is to ensure that others cannot access your personal information and correspondence if you share a computer with someone else or are using a computer in a public place like a library or Internet café.
Please be aware that whenever you voluntarily disclose personal information over the Internet, for example, in discussion forums, via e-mail or in chat sites, that this information can be collected and used by others. In short, if you post personal information in publicly accessible on-line forums, you may receive unsolicited messages from other parties in return.
Security of Information
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
Indemnity Clause
You indemnify us, regardless of any negligence on our part, against all losses, liabilities, legal costs and other expenses incurred by us arising directly or indirectly as a result of or in connections with the breach by you of any provision of these Terms and Conditions or any wilful, unlawful or negligent act by you in connection with the supply by a Vendor to you of, or use by you of, any Product.
Miscellaneous
If any provision of the Terms and Conditions is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms and Conditions, which will continue in full force and effect. All rights not expressly granted are reserved. This agreement sets out the entire understanding and agreement between Tailwind Promotions Pty Ltd and you with respect to the subject matter.
Copyright
All material available or accessible from this website is copyright material owned by Tailwind Promotions Pty Ltd and related entities. Apart from fair dealing permitted by the Copyright Act 1968, visitors to the site are granted permission to download and display any of the website material for private purposes.
For intended use of any copyright material beyond private or research uses, permission must be sought directly from Tailwind Promotions Pty Lt. If permission is given, it will be subject to a requirement that the copyright owner's name and interest is acknowledged when reproducing the whole or part of any copyright material.
REFUNDS POLICY: Refunds will only be given if the Event Director is notified by email or in writing 14 days prior to the event. All refunds will incur a $15 administration fee per competitor. NO REFUNDS will be given inside the 14 day deadline.
PARTICIPANTS AGREEMENT:
This is a legal document that affects your rights, please read carefully before signing.
This agreement must be agreed to by all competitors. For competitors under 18, a parent or guardian must have viewed this agreement and signed/agreed.
Competitors between the ages of 13 and 17 entering an event distance greater than 1.0km must also provide written confirmation to the Event Director from: a) coach; b) parent; or c) guardian that they believe the competitor is of a sufficient ability and fitness level to complete the event.
I agree to compete in this event on the following basis:
1. I acknowledge that ocean swimming involves the real risk of serious injury or even death from various causes including but not limited to overexertion, dehydration, heart attack, accidents with other competitors, spectators, course or weather conditions and other causes.
2. I understand that I should not compete in this event unless I have trained appropriately and a medical practitioner has verified my physical condition.
3. By competing, I accept all risks necessarily flowing from my participation which could result in loss of life or permanent injury. Accordingly, I release all persons or corporations associated directly or indirectly with the conduct of the event from all claims, demands and proceedings arising out of my participation and I hereby indemnify them against all liability (including liability for their negligence and the negligence of others) for all injury, loss or damage arising out of or connected with my participation in this event. This release extends to and includes Tailwind Promotions Pty Ltd and their respective directors, partners, managers, officers, agents, contractors, employees and volunteers including medical and paramedical personnel appointed for the event, the owners, licensees and occupiers of land upon which the event or any part of it is conducted, any statutory body or local authority having control over any land upon which the event or any part of it is conducted or which is involved directly or indirectly with the event in any manner whatsoever and promoters, sponsors and event organizers. This release and indemnity continues forever and binds my heirs, executors, personal representatives and assigns.
4. I consent to receiving any medical treatment including ambulance transportation that the event organizers think necessary during or after the event and I agree I am responsible for the cost of that medical treatment.
5. I consent to event organizers using my name, image and likeness before, during or after the event for event promotional broadcasting or reporting purposes in any media. I also understand that information of a biographical nature, including my name, date of birth, home state, results and interests may be released to the media in response to general requests.
6. I understand that compulsory insurance cover effected for participants in this event may not cover me for any or all injury, loss or damage sustained by me.
7. I acknowledge that safety precautions undertaken by organizers (such as course supervision, race-safety briefing) are a service to me and other competitors but are not a guarantee of safety. I accept that I have an important responsibility to carefully read and listen to all safety briefings and to immediately seek clarification on anything which is not entirely clear to me.
8. I understand that I am fully responsible for the security of my personal possessions at the event. If using the baggage transfer service provided by the organizers, I accept the organizers will take all care but are not responsible for damage to or loss of my possessions.
9. My registration is not transferable to other people. If I am unable to compete I agree to the terms and conditions of Tailwind Promotions Pty Ltd ‘Refunds Policy' listed above. If the event or any part of the event is cancelled my registration fee is non-refundable.
10. I agree to abide by all race rules and directions issued by the event organizer.
11. I agree event organizers may change the event format, course or other race conditions at their discretion. If that occurs, this agreement applies to the changed conditions.
12. I agree the event organizers have the right to refuse to permit me to compete at the event organizer's discretion, even if my registration is accepted.
13. I confirm that, by being the team captain, I have shown this Participants Agreement to my team mate and he/she has read, therefore understood and accepted the Participants Agreement and I am authorized by him/her to confirm these matters to the event organizers. Each participant has indicated their acceptance of the terms and conditions of this participants agreement by signing below.
14. I have listed above my medical or physical conditions from which I suffer that might affect my performance or be relevant if medical treatment is needed. I accept the risk of competing, despite these conditions.
Please select the box on the above entry form as confirmation that you understand all of the terms & conditions of entry as outlined above in the ‘Participants Agreement'.