Guidelines for obtaining and using images for marketing and promotional purposes

Transcription

1 Guidelines for obtaining and using images for marketing and promotional purposes Massey University commissions photographs for marketing and promotional purposes. The activity of gathering images for this purpose is governed by Principle 3 of the Privacy Act. To ensure that Massey University is in compliance with the Privacy Act, the following guidelines must be adhered to: Events: 1. Signage must be placed at the event notifying attendees that the information is being collected and its intended use. For example: PHOTOGRAPHER OPERATING - Images will be used in Massey University publications and marketing material MASSEY ( ) contact@massey.ac.nz A process is in place for all enquiries to be directed to the Resource Development Coordinator. 2. Ensure that the photographer wears clothing/signage so that he/she is easily identifiable as an official photographer. 3. Where possible include information in relevant collateral informing people that the information is being collected and its intended usage. Marketing have standard phrases available. You may use the following phrase as your template: An official Massey University photographer will be taking pictures at < event>. These images will be used in future Massey University publications and marketing material. For more information contact <Name> on < >. Events include: Orientation, Graduation, Open Day, etc. Staged photography 1. Obtain completed talent releases from participants. Someone from Massey must sign and date these. Staged photography includes: Any photographic shoot that is coordinated with talent prior to the shoot.

2 News 1. Where images from a public event are used for the clear purpose of news, no consent is required from people identifiable in the photo. Use of images Images should not be kept for longer than required. It is the University s policy that images have a life span of five years after which they expire. Massey commissions its own photography and owns the copyright on these images. Only Massey copyright images can be used in publications and marketing material. Access to the image library can be found at Where Massey copyright images do not meet requirements, images may be sourced from online image libraries. Images obtained from other sources that are protected by copyright may not be used in Massey publications (internally/externally) or marketing material, unless a royalty or licensing fee has been paid. Note that the Design Studio, who are our preferred Design Agency, have access to reasonable-cost images through an external database and should be the first port of call should the media database images not be suitable.

3 Information provided below has been sourced from the Privacy Commission What steps do agencies need to take to tell people about the collection of their information? Agencies must take reasonable steps to ensure that the person they are collecting information from is aware, among other things, of why it is being collected and who might receive it. What the reasonable steps are will depend on the circumstances of the particular case. Agencies do not necessarily have to inform people in writing about the collection and use of their information. The Privacy Act does not set out how agencies should tell people. However, if there are a lot of details involved, it is best to put these in writing. This should make it easier for the person to understand those details and to remember them. It will also help both the agency and the individual if they want to refer back to what was said - this may help to avoid uncertainty or clear up disputes later on. Sometimes, a brochure or a sign in a public area will be enough to inform people that information will be collected and what it will be used for. For example, a company operating security cameras in a car park simply needs to have a sign in place to let people know that security cameras are operating. Verbal explanations are more suitable than written explanations for some situations. For example, telephone market research surveys have to provide a clear verbal explanation, to let people know what will happen to their information. Does this requirement still apply in emergencies? There often won't be time to spell everything out in an emergency. For example, if a doctor urgently needs to collect information about a patient's medical conditions in order to treat them if they are having a heart attack, the doctor is unlikely to be able to give details about who will receive the information later. Once the emergency has passed, the doctor can then let the person know it collected information from them, why it was collected and how it will be used. Our company regularly collects personal information from the same customers. Do we need to go through the collection details with them every time we collect the information?

4 Not if you are collecting the same kinds of information from customers on a reasonably regular basis and using it for the same purposes each time. Principle 3 requires agencies to do what is reasonable in the circumstances to make individuals aware of what their personal information will be used for and who may see it. An agency needs to ensure it makes people aware of how their information will be used the first time the agency collects it from them. It also needs to inform the people it deals with regularly of any changes to the ways it deals with their information. Principle 3(1)(a) - collection of information by an agency An agency must tell people that it is collecting information about them. It will often be apparent because a person is asked direct questions, but there may be times when it is not so obvious. For example, an agency may have CCTV cameras monitoring some of its areas and collecting information about the people that pass through those areas without them necessarily being aware of this. The agency could let people know that cameras are operating by having signs up in those areas. Another situation where it may not be clear that information is being collected is where an employer talks to a staff member in what appears to be an informal discussion, but the employer is in fact gathering information to include in that person's file. Or it may not be obvious that a website is recording information about a visitor. Principle 3(1)(b) - reasons for collection of information In almost all cases, agencies have to be open about their purposes for collecting personal information. At the time an agency collects personal information from an individual it should tell the person its reasons for collecting that information and what it will be used for. If it's genuinely not possible to tell the person at the time, the agency should do so as soon as it can. The person should not be surprised later on about how that information is used. How much detail do I have to give a person when I collect information

5 from them? It will depend on the circumstances. Some ways an agency will want to use information will be more obvious so it will not need to set these out in as much detail. However, other uses might be less obvious so the agency may need to explain these more fully. What if I've told someone why I'm collecting their personal information but later I think of other ways I'd like to use it? Generally you shouldn't use information for any purposes that you didn't tell the person about when you collected it. If you have a genuine need to use it in a different way later, you either have to go back to that person and get their permission to use it for that new purpose, or have another exception in principle 10 that you can rely on. You may be able to use the information if it is for a purpose that is directly related to the one that you originally gathered the information for.