Biennale of Sydney

This privacy policy sets out how Biennale of Sydney Ltd ACN 001 614 384 (Biennale of Sydney, and we, us and our) manages personal information, including in relation to our website located at www.biennaleofsydney.art/ (Website).  In this privacy policy, personal information means any information about an identified individual, or an individual who is reasonably identifiable, whether true or not, and whether recorded in a material form or not.

Biennale of Sydney is required to comply with the Privacy Act 1988 (Cth) (Privacy Act), the applicable Australian Privacy Principles (APPs), and any other applicable privacy laws when handling personal information. We take the protection of your personal information seriously.

By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with and for the purposes specified in this privacy policy. You are not required to provide personal information to us.  However if you do not provide us with all the information we request, the products or services we provide to you may be affected.

Collection of personal information

The types of personal information we collect may include your name, contact details (including address, phone number and email address), your image, a recording of you, and financial information including payment or donation details.

We may collect personal information:

• from you through our Website, for example when you order or purchase products such as merchandise, or a ticket to an event for yourself or a recipient.
• when you communicate with us, either by email, telephone, in writing or in person.
• via images and recordings (including via closed circuit television).
• from you if you apply for a job or volunteer position at Biennale of Sydney.

If you choose to provide personal information to us, we collect it for the purpose of:

• the general management and administration of the Biennale of Sydney.
• sending you information, such as eNewsletters and communications about upcoming events if you have subscribed or have requested them.
• promoting or marketing our exhibitions and products.
• answering your queries or requests.
• processing payments or donations and delivering or providing you or a recipient with products or tickets.
• protecting our intellectual property.
• complying with and fulfilling any legal requirements.
• assessing and considering your application for employment or volunteering.
• contacting you regarding your application for employment or volunteering.

We may also collect personal information for related purposes that would be reasonably expected by you.

If you provide personal information to us about someone else, you must ensure that you are entitled to disclose that information to us and that, without us taking any further steps, we may collect, use and disclose such information for the purposes described in this privacy policy.

We will only use your personal information for the purpose for which you have provided it and for related purposes within your reasonable expectations. We will not add your personal information to a mailing list or use it for any other purpose without your consent.

If you choose to provide your personal information to us, it may be used to:

• send you information, such as eNewsletters, if you request them.
• promote or market our exhibitions and products.
• answer your queries or requests.
• protect our intellectual property.
• fulfill any legal requirements.
• contact you regarding any application you may have made for employment or volunteering.

We will only use your personal information for the purpose for which you have provided it and for related purposes within your reasonable expectations.

We will not add your personal information to a mailing list or use it for any other purpose without your consent.  If you have opted in and consented to us using your personal information for promotional and marketing purposes, we may also use your information in order to send you our eNewsletter, promotional and marketing materials, communications to inform you of exhibitions, events and offers that we think may be of interest to you. We may contact you by mail, telephone, email or SMS to send you these communications. We will always give you the opportunity to opt out of receiving any future marketing and promotional material.

Disclosure of personal information

We may disclose your personal information to third party service providers who assist us in: managing and administering our exhibitions or events; processing payments or donations; delivering products such as merchandise; and performing operational, administrative and other related functions on our behalf. For example, we currently use third party platforms, including a payment gateway, to process your orders, payments, and donations. You will be redirected to this platform when making a payment or donation to Biennale of Sydney. We may also disclose your personal information where such disclosure is required by law, including, but not limited to, the Australian Tax Office, superannuation funds, and insurers.

We may disclose your personal information to third party service providers who are located overseas.

When you visit our website, our Internet Service Provider (ISP) makes a record of your visit and logs the following information for website statistical purposes:

• your server address,
• your top level domain name (for example .com, .gov, .au, .uk etc),
• the pages you visited and documents downloaded,
• the previous site you have visited, and
• the type of browser you are using.

Our web server does not recognise information about your e-mail address. We do not use cookies for collecting user information from our Website and we will not collect any information about you except that required for system administration of the web server.

Our website does not provide facilities for the secure transmission of information across the Internet. You should be aware that there are inherent risks transmitting information across the Internet.

This privacy policy applies to our Website. It does not apply any other websites that you may visit by clicking on a link from our Website. If we provide a link to another website from our Website, you may not assume that that we endorse the privacy policy of that website. We advise you to check the privacy policy of any website that you visit.

You should be aware that the Biennale of Sydney internet is provided primarily for business purposes and website and server contents are the property of the Biennale of Sydney. The contents of emails sent/received on the Biennale of Sydney server may be read by management.

We will take such steps (if any) as are reasonable in the circumstances to ensure that the personal information we collect and disclose is accurate, up-to-date, and complete.

We will also take such steps (if any) as are reasonable in the circumstances to protect the personal information we collect and hold from misuse, interference and loss, and from unauthorised access, modification or disclosure.

If we hold personal information about you that is no longer needed for any purpose for which it may be used or disclosed, we will take such steps as are reasonable in the circumstances to destroy or permanently de-identify that personal information.

You can request, and we will provide you with access to personal information we hold about you (subject to certain legal exceptions). If a legal exception applies and we decide not to provide you with access to any personal information we hold about you, we will advise you of the reasons for our decision.

If we are satisfied that any personal information we hold about you is inaccurate, incomplete, out of date, misleading or irrelevant (having regard to the purpose for which it is held) we will take such steps (if any) as are reasonable in the circumstances to correct that personal information.   If we do not agree that personal information we hold about you is inaccurate, incomplete, out of date, misleading or not relevant, you may ask that we attach a statement to this effect to our record.

Please let us know if you have any concerns or complaints about the way we are handling your personal information so we can address them.  We will review any complaints and respond to them within a reasonable period of time.

If we are unable to satisfactorily resolve your concern or complaint, you can contact the Office of the Australian Information Commissioner (OAIC).  To make An enquiry concerning your privacy rights, or to lodge a complaint with the OAIC about how we have handled your personal information, you can contact the Commissioner’s hotline on: 1300 363 992

Changes to this privacy policy

We may, from time to time, amend this privacy policy, in whole or part, in our sole discretion.  Any changes to this privacy policy will be effective immediately upon the posting of the revised privacy policy on the Website.

Contact us

If you have any questions about our privacy policy or if you wish to request access to your personal information, correct or update your details or raise any privacy concerns you may have, please contact us at art@biennaleofsydney.com.au, or by writing to:

The Privacy Administrator
Biennale of Sydney
The Arts Exchange
Level 4, 10 Hickson Road
Sydney NSW 2000

Last updated: November 2021

This website may contain images and content that may be offensive to some viewers.

Images may not be suitable for persons under 18 and parental guidance is strongly advised.

Whilst all care and attention is taken in compiling this website, the Biennale of Sydney does not warrant any of the material contained herein. As appropriate, users should independently confirm the currency, accuracy and completeness of any website material before relying on that information in any way. In no event will the Biennale of Sydney be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

© 2021 The text and images contained on this website are protected by the copyright laws of the Commonwealth of Australia and the State of New South Wales.

Apart from any use permitted under the Copyright Act 1968 (Cth), no part may be reproduced by any process without written permission from the Biennale of Sydney.

Note: Please do not send unsolicited material to the Biennale of Sydney, as we cannot accept responsibility or liability for its handling or safekeeping.

Last updated 27 October 2023.
Please note that all sales from 27 October 2023 are sold under the Terms and Conditions outlined below or download a PDF version.

The sale of tickets for an Event and attendance at an Event are subject to these Terms and Conditions. These Terms and Conditions apply regardless of whether you are the original purchaser or ticketholder or a subsequent ticketholder. By purchasing or otherwise acquiring a ticket, you agree to these Terms and Conditions. These Terms and Conditions also apply to tickets issued by other Authorised Ticket Sellers (if any). If an Event is presented by another organisation or held at another person’s venue, tickets and attendance may be subject to the other presenter or venue’s terms and conditions. If you do not understand these Terms and Conditions or if you have any questions, please contact us at art@biennaleofsydney.com.au, and one of our representatives will be happy to assist you.

You should BE AWARE OF SEVERAL key terms

Limitations of our liability

Our liability to you and certain third parties is limited under the Terms and Conditions. These limitations of liability generally apply where the Loss or liability:

• is caused by any delay encountered at entry to an Event, as a result of us or the venue manager making enquiries into the validity of a ticket or any other admission-related matters;
• is as a result of you not being admitted to an Event or being removed from an Event by us pursuant to the Terms and Conditions; and
• is suffered or incurred by you or a third party in connection with your attendance or non-attendance at an Event, including if the Event is cancelled, rescheduled or relocated.

Under the Australian Consumer Law certain statutory guarantees are conferred in relation to the supply of goods or services to a Consumer (Consumer Guarantees). The operation of the Consumer Guarantees cannot be, and are not in these Terms and Conditions, excluded, restricted or modified.
To the maximum extent permitted by law, we exclude from these Terms and Conditions all representations, guarantees, conditions, warranties, rights, remedies, liabilities and other terms that may be conferred or implied by statute, general law or custom(except any guarantee or right conferred under any legislation (including the Australian Consumer Law), the exclusion of which would contravene legislation or cause part or all of this exclusion to be void).

Your liability

You acknowledge that attendance at an Eventmay carry withit certain dangers (including the risk of injury and damage to you or your property) and you agree that you attend an Event at your own risk.

You agree to compensate us for any damage, loss, liability or injury we may suffer as a result of your wilful, reckless or negligent acts or omissions at an Event.

You acknowledge and agree that tickets must not, without our prior consent, be resold or offered for resale for a profit and that, notwithstanding anything else in these Terms and Conditions, the resale of tickets in certain circumstances is subject to ticket sales legislation and may attract penalties (including criminal penalties).

Privacy

We reserve the right to record, photograph, broadcast and/or telecast any Event and you consent to us doing so. You consent to the editing, reproducing and communicating by us, or permitted by us, of any image or recording taken of you, and anyone for whom you are responsible, while on the premises, in whole or part to the public in any place and in all media. We are not obliged to provide or reproduce to you any such image or recording.

1. Definitions

Australian Consumer Law has the meaning given in section 4 of the Competition and Consumer Act 2010 (Cth), as amended, replaced or superseded from time to time.
Authorised Ticket Seller means Biennale of Sydney or a person authorised by us to supply tickets to an Event.
Auxiliary Expenses include, but are not limited to, the cost of travel, car-parking, child-care and accommodation.
Biennale of Sydney means Biennale of Sydney Ltd ABN 74 001 614 384 (and we, us and our
have corresponding meanings).
Consumer has the meaning given to that term by section 3 of the Australian Consumer Law.
Consumer Guarantees has the meaning given to it in clause 12(a).
Event means a performance, program, talk, activation or any other event arranged or presented by Biennale of Sydney or for which we sell tickets.
Loss means any liabilities, losses, damages, costs and expenses (including legal costs and expenses, regardless of whether incurred or awarded) arising in contract, tort (including negligence) or otherwise, and Losses has a corresponding meaning.
Maximum Ticket Limit has the meaning given to it in clause 2(f)
Online Shop Terms and Conditions means the terms and conditions which apply to the ordering, purchase and delivery of products, including Event tickets, available for sale on our Online Shop (available at [www.biennaleofsydney.art/shop/] or any replacement web page from time to time).
Privacy Policy means our privacy policy, as amended from time to time and published on the Website accessible using the address https://www.biennaleofsydney.art/legal-privacy/ (or any replacement web page from time to time).
You means the person seeking to purchase or acquire a ticket to an Event, the person holding a ticket to an Event and the person seeking to attend an Event.
Website means the Biennale of Sydney website accessible at https://www.biennaleofsydney.art/.
Website Terms of Use means the terms and conditions which apply to the general use of the Biennale of Sydney website (available at https://www.biennaleofsydney.art/legal-privacy/ or any replacement web page from time to time).

2. Ticket prices, delivery and limits

(a) All ticket prices displayed are quoted in Australian dollars and where applicable, are inclusive of GST (as defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth)) and all other government taxes unless stated otherwise.
(b) All ticket prices are subject to change at our sole and absolute discretion without notice
(c) You must allow adequate time for collection or delivery of tickets. Methods of collection and/or delivery will be available when selecting your collection/delivery details. In the interest of minimising ticket scalping, we may change your delivery method to [‘venue collection’] at our discretion.
(d) Where concessions are applicable, suitable and valid identification must be provided.
(e) Transaction and third party fees may apply to your ticket purchase. You will be notified of all applicable fees prior to finalising your purchase.
(f) We may impose a limit on the number of tickets you are able to purchase for one or more Events (Maximum Ticket Limit). We may refuse to accept orders which exceed the Maximum Ticket Limit. Tickets purchased in excess of a Maximum Ticket Limit may be cancelled without notice to you.
(g) If the amount you pay for a ticket to an Event is incorrect for any reason (including due to a human error or a technical malfunction), we may:
i. cancel that ticket (and we will give you notice of such cancellation as soon as reasonably possible after you purchase the ticket, before the commencement of the Event);
ii. refund the amount that you paid; and
iii. subject to ticket availability, offer a replacement ticket to you at the correct price.
For clarity, if there are no replacement tickets available or if you do not accept the revised price, you will receive a full refund for the amount that you paid for the relevant ticket.

3. A tax deduction is not available in respect of any amount paid in connection with the purchase of tickets to events held by the Biennale of Sydney, other than qualifying fundraising events. You maybe entitled to a tax deduction for purchasing tickets to attend qualifying fundraising events held by the Biennale of Sydney in certain circumstances. We will advise you whether any part of the amount paid to purchase tickets is tax deductible and if so, how much is deductible.

4. Admission to Events

(a) You must hold a valid ticket to attend an Event. We may refuse admission or remove any ticketholder from an Event venue for any reason at our discretion, including where:
i. you cannot produce a valid ticket for the Event;
ii. you produce a ticket that has been handled or dealt with in away that is contrary to these Terms and Conditions or any additional terms and conditions notified at the time of ticket sale
iii. you do not produce proof of your concession entitlement, together with suitable and valid identification, where a concession ticket has been purchased;
iv. you have in your possession and/or refuse to surrender to the Event venue manager’s staff any prohibited object or article;
v. you are intoxicated, under the influence of illicit drugs or inappropriately attired;
vi. you behave in a manner which causes or may cause property damage or that threatens or may threaten the safety of performers, other Event attendees or any other persons, including as a result of intoxication;
vii. you behave in a manner that unreasonably interferes with other attendees’ enjoyment of the Event;
viii. you otherwise breach these Terms and Conditions or any additional terms and conditions notified at the time of ticket sale, or fail to follow the reasonable directions of the Event venue manager’s staff; or
(b) To the maximum extent permitted by law, we exclude all responsibility and liability arising as a result of:
i. any delays that may be encountered at entry to an Event as a result of us making enquiries into the validity of a ticket or any other admission-related matters; and
ii. you not being admitted to an Event or being removed from an Event by us pursuant to this clause 3.

5. Venue requirements

(a) To help ensure the safety and security of Events, your person, bags and personal belongings may be subject to a visual search.
(b) Umbrellas, prams, backpacks, larger bags and other items that may be hazardous or restrict the movement of other attendees to the Event may be required to be cloaked, depending on the nature of the Event.
(c) Food and drink are not allowed in spaces that contain artworks, unless otherwise specified. Other items that are prohibited inside an Event venue or performance space may include glass bottles, offensive signs laser pointers and any other items that could present a safety hazard to others or interfere with the Event. You will be notified if other items are prohibited for particular Events.
(d) You are responsible for your personal possessions such as bags, wallets, mobile phones and other items you carry with you. It is your responsibility to collect any cloaked items after the Event.
(e) You should make your own further inquiries before deciding whether an Event is suitable for you to attend.

6. Changes
(a) While we will endeavour to keep you informed about any changes to an Event, we may amend Event details. For example, artists or other participants may be added, withdrawn or substituted.
(b) we may alter the price of tickets on sale in response to varying levels of consumer demand. Such alterations do not affect the terms and conditions applying to tickets purchased before the price change and do not entitle you to claim a refund on your ticket price or the difference between your ticket price and the newly adjusted ticket price or request an exchange of tickets purchased prior to the price change.
(c) we may release additional seats (for example, when final stage dimensions are known or in response to demand) or additional dates for presentation of the Event. Such alterations do not affect the terms and conditions applying to tickets purchased before the release of additional seats or dates and do not entitle you to claim a refund for tickets or an exchange of tickets purchased prior to the release of additional seats or dates.

7. Resale restrictions and scalping
(a) We are the only Authorised Ticket Seller for Events, unless otherwise specified on our Website for specific Events. If you purchase tickets from an unauthorised seller, you acknowledge that you risk that these tickets are false, void or have previously been cancelled and that you may be refused admission to the relevant Event. We strongly recommend you only purchase tickets from an Authorised Ticket Seller.
(b) Tickets must not, without our prior written consent (which may be subject to additional conditions), be:
ii. resold, or be offered for resale, for a profit (including via online resale or auction sites);
iii. used for advertising, promotion or other commercial purposes (including competitions and trade promotions); or
iv. used to increase the demand for goods or services.
(c) If a ticket is resold or offered for resale, or otherwise used, in breach of clause 7(b), we may cancel that ticket without a refund (in which case we will aim to give you as much notice as reasonably possible) and the bearer of the ticket may be refused admission.
(d) Not with standing anything else in these Terms and Conditions, the resale of tickets in certain circumstances is subject to ticket sales legislation and may attract penalties (including criminal penalties).

8. Refunds and exchanges
(a) Tickets cannot be refunded or exchanged after purchase, except as outlined in these Terms and Conditions or otherwise as required by law (including the Australian Consumer Law and applicable state and territory consumer laws).
(b) The original purchaser of a ticket is entitled to a refund or exchange (as applicable) if the relevant Event is cancelled or rescheduled before the Event, or is significantly relocated, or if we are unable to hold, host or deliver the Event in question. For clarity, for each ticket, the amount of the refund will be limited to the amount for which that ticket was purchased (including any fees or charges).
(c) Proof of purchase may be required for any refund or exchange. Unless otherwise expressly specified refunds or exchanges will not be offered due to a change in your personal circumstances.
(d) Any refund payable for a ticket will be made to the original purchaser of that ticket. Refunds will not be issued for tickets purchased from a reseller or an unauthorised seller.
(e) We may cancel a ticket to an Event if we reasonably consider that the ticket was purchased fraudulently. Refunds will not be issued for tickets which have been cancelled due to fraud or a breach of these Terms and Conditions.
(f) Unless required by law (including the Australian Consumer Law), we will not be liable for any Losses or Auxiliary Expenses suffered or incurred by you or a third party in connection with your attendance or non-attendance at an Event, including if the Event is cancelled, rescheduled or relocated. You should consider the refund and cancellation policies of travel, accommodation and other goods or service providers when making arrangements associated with attendance at an Event. You may also wish to consider taking out insurance to cover for any Losses in connection with the Event or its cancellation, rescheduling or relocation.

9. Lost tickets
It is your responsibility to keep your ticket(s) safe. We may refund or replace lost, stolen or missing tickets at our sole discretion

10. Consumer Guarantees
(a) Under the Australian Consumer Law (and similar legislation of Australian states and territories including the application of the Australian Consumer Law), certain statutory guarantees are conferred in relation to the supply of goods or services to a Consumer (Consumer Guarantees).
(b) The operation of the Consumer Guarantees cannot be, and are not in these Terms and Conditions, excluded, restricted or modified.

11. Liability
(a) Our liability to you in relation to tickets is limited to the obligations specified in these Terms and Conditions and our obligations under applicable laws (including the Australian Consumer Law).
(b) You acknowledge that attendance at an Event may carry with it certain dangers, including the risk of injury and damage to you or your property and you agree that you attend an Event at your own risk.
(c) To the maximum extent permitted by law, we exclude from these Terms and Conditions all representations, guarantees, conditions, warranties, rights, remedies, liabilities and other terms that may be conferred or implied by statute, general law or custom (except any guarantee or right conferred under any legislation (including the Australian Consumer Law), the exclusion of which would contravene legislation or cause part or all of this clause to be void).
(d) Ticket holders enter Event venues at their own risk. To the maximum extent permitted by law (including the Australian Consumer Law), we will not be liable for any Loss, damage, expense or injury to the extent arising from your wilful, reckless or negligent acts or omissions, any pre- existing medical condition, your breach of these Terms and Conditions, the cancellation of your tickets due to your breach of these Terms and Conditions, or your reliance on reviews and opinions about Events and performers.
(e) You agree to compensate us for any damage, loss, liability or injury we may suffer as a result of your wilful, reckless or negligent acts or omissions at an Event.

12. Photographs, recordings and privacy
(a) Closed circuit television (CCTV) cameras may be used at Venues.
(b) We reserve the right to record, photograph, broadcast and/or telecast any Event and you consent to us doing so. You consent to the editing, reproducing and communicating by us, or permitted by us, of any image or recording taken of you, and anyone for whom you are responsible, while on the premises, in whole or part to the public in any place and in all media. We are not obliged to provide or reproduce to you any such image or recording.
(c) By purchasing a ticket for an Event, you consent to the collection, use, disclosure and handling of your personal information as detailed in these Terms and Conditions and our Privacy Policy.
(d) Our Privacy Policy explains more about the types of personal information we usually collect and how we handle your personal information, as well as how you can request access to and correct the personal information we hold about you, how you can complain about our handling of your personal information and how we deal with complaints.

13. General
(a) Severability – If any part of these Terms and Conditions is found to be void, invalid, unlawful or unenforceable, that provision is deemed to be ineffective only to the extent of the prohibition, invalidity or unenforceability without invalidating the remaining provisions. The remaining Terms and Conditions remain in force and constitute a binding agreement between you and Biennale of Sydney.
(b) Relationship between the parties – Nothing in these Terms and Conditions constitutes the parties as partners or joint venturers or agents for the other party or give rise to any other form of fiduciary relationship between the parties.
(c) No waiver – We do not waive a right, power or remedy in connection with these Terms and Conditions if we fail to exercise or delay in exercising the right, power or remedy. Without limiting our rights under these Terms and Conditions or at law, we reserve the right to enforce these Terms and Conditions if you have purchased a ticket to an Event in contravention of these Terms and Conditions.
(d) Entire agreement – These Terms and Conditions, including the Website Terms of Use, , the Privacy Policy and any other additional terms which may be applicable at different stages of purchase of tickets or attendance of Events, contains the entire agreement between the parties about its subject matter. Any previous understanding, agreement, representation or warranty relating to that subject matter is deemed superseded by these Terms and Conditions and has no further effect.
(e) Force majeure – To the extent permitted by applicable law and subject to clause 12 Biennale of Sydney will not be liable to you for any failure to fulfil, or delay in fulfilling, its obligations caused by circumstances outside of its reasonable control.
(f) Governing law – These Terms and Conditions are governed by the laws of New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and the courts having appeal from them.
(g)
Dispute resolution – If you have any issue arising out of these Terms and Conditions or in relation to purchasing of tickets or attendance of Events, you agree to notify us in writing and use reasonable endeavours to resolve the matter through discussions or correspondence with us before commencing any court or tribunal proceedings.

14. Feedback
We value your feedback, both positive and negative. You can provide your comments by completing our contact form art@biennaleofsydney.com.au.