Effective date: 13/09/2023
Whether you use our website or apps (“Platform”), speak to one of our teams, or use our products and services (“services”), you are trusting us with your personal information. This policy sets out how we collect, use and respect such information, and how the law protects you and your information. If you do not accept and agree with this policy, you must stop using our Platform immediately.
Who are we?
We are OpenPlay Australia Pty Ltd. We are a duly registered Australian company with Australian Company Number (ACN) 622 743 846.
Our website address is: https://openplay.net/
Why this policy exists?
We are committed to managing personal information in accordance with the Australian Privacy Principles under the Privacy Act 1988 (Cth) and in accordance with other applicable privacy laws.
What information do we collect about you?
We collect, use, store, disclose and transfer information relevant to your use of our services, and your contact with us via our Platform, or through other means.
If you are enquiring about using our services, signing up to receive information from us, entering into a contract with us or if you are enquiring about employment opportunities, it may be necessary for you to provide certain data to us.
The data you provide or may provide is listed below. In this context, we are an APP entity and/or a data controller, as the case requires. If we are an APP entity and/or a data controller in respect of your information, the statements in this policy apply.
We have set out below the personal information we may collect, use, store, disclose and transfer:
- Contact data including billing address, delivery address, email address and telephone numbers.
- Financial data including bank account, billing address and payment card details.
- Identity data including your name, username, marital status, title, date of birth, gender, social media accounts, and university number.
- Transaction data including details about payments made and other details of services supplied.
- Technical data including information about use of the Platform, internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, screen resolution and other technical characteristics of your device, your use of our services and applications and connection to our Platform.
- Profile data including usernames and passwords, purchases or orders made, preferences, feedback and survey responses.
- Usage Data including information about your visit, including the website that referred you to our Platform (if applicable), the path that you take through and from our Platform (including date and time); pages that you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page.
- Marketing and communications data including preferences in receiving marketing from us and third parties and communication preferences.
- Employment data including current and past employment, experience, qualifications, skills, interests and any other information disclosed by you.
- Special categories of data such as information about your fitness.
We also collect, use, disclose and share aggregated data such as statistical or demographic data. Aggregated data may be derived from your information but is not considered ‘personal information’ for the purposes of the Privacy Act 1998 (Cth) to the extent that it has been de-identified and it does not reveal your identity. For example, we may aggregate Usage Data, to calculate the percentage of users accessing a specific Platform feature. However, if we combine or connect aggregated data with your information so that it can directly or indirectly identify you, we will apply this policy to such combined data.
Information relating to children
Our Platform and our services are not intended for direct use by children. Where our Platform holds information of family users, information of children under the age of 18 will be provided by parents or guardians. We comply with our obligations under applicable privacy and data protection laws.
Sharing with Customers
The information that a Customer collects about you is shared with or disclosed to us in order that we can store, back-up and process the information for the Customer on the Platform as a data processor. If we act as a data processor of information, as well as this policy, other terms (including our data processing agreement) will apply to our data processing.
We share or disclose the information we collect from you with any Customer that you join, in order for you to participate in the services provided by those Customers.
For more information on how your information is shared or disclosed see Who we share or disclose your information with & why?
How do we collect information from you?
We use different methods to collect data including through:
Information you provide to us directly. You may give us details such as a name, email address and other contact details in person, or by creating an account or filling in forms on our Platform, or by corresponding with us by post, phone, email, social media and/or otherwise. This includes information provided when you:
- contact us via our Platform;
- participate in an event which we have attended or organised;
- request our services;
- meet with, contact or engage with our staff;
- provide feedback;
- subscribe to our publications or newsletters, or request any other information to be sent to you;
- contact us about a role with us; or
- respond to a survey, make a complaint or give us some feedback.
- Automated technologies or interactions. When you interact with our Platform, we may automatically collect technical data about your equipment, IP address, browsing actions and patterns. We collect this data by using cookies and other similar technologies. We may also receive technical data if you visit other websites employing our cookies. We may also collect and update your information over the phone, by email, over the internet or social media, or in person.
Third parties and publicly available sources. We may receive information from various third parties as set out below:
- identity and contact data from other individuals at your organisation;
- information given to us by our customers, advertising networks, or other businesses that we work with;
- business partners, suppliers and sub-contractors;
- technical data from analytics providers (such as Google analytics), and/or search information providers; and
- employment, identity and contact data from recruitment agencies, previous employers, etc.
Why we collect and how we use your information
We collect information reasonably necessary to carry out our business, to assess and manage the needs of our users and Customers, and to provide services. We may also collect information to fulfil administrative functions associated with these services, for example billing, entering into contracts with users, Customers and/or third parties and managing user and Customer relationships.
The purposes for which we usually collect and use information depends on the nature of your interaction with us, but may include:
- responding to requests for information and other general inquiries;
- managing, planning, advertising and administering programs, events, competitions and promotions;
- researching, developing and expanding our facilities, services and operations;
- informing you of our activities, events, facilities, services and operations;
- recruitment processes (including for prospective employees); and
- responding to enquires and complaints.
We will only collect and use information when the law allows us to. Most commonly, we will use your information so we can provide our services and if required by law.
The table below set out the ways we use information and our legal basis for doing so. Most commonly, we will use your information:
- where we need to perform the contract we are about to enter into or have entered into with you;
- where it is in our legitimate interest to do so (or those of a third party) and it is proportionate to do so; or
- where we need to comply with a legal obligation.
Generally, we do not rely on consent as a legal basis for processing information but exceptionally we may rely on consent to send marketing communications to you via email. You have the right to withdraw your consent at any time by responding to the person that contacts you and/or by contacting us.
Type of data
Lawful basis for processing (including basis of legitimate interest)
To register you as a new user of the Platform or make changes to your user profile
(a) Performance of services through the Platform requested by you
Access information collected from your mobile device(s) or wearables, including but not limited to, step tracking and activity data
|To perform the contract with our Customers and provide you and our Customers with our services including:
(a) Contacting you
(b) selling products and services to you on behalf of the Customers through the Platform
(c) Managing payments, fees and charges
(d) Collecting and recovering money owed to us
(e) Marketing and Communications
(a) Performance of a contract with you or our customer
To administer and protect our business and Platform (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)
(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud)
(a) Performance of a contract with you
To personalise your Platform experience and provide advertisements to you, and measure or understand the effectiveness of such personalisation and advertisements
(e) Marketing and Communications
Necessary for our legitimate interests (to study how customers use our services, to develop them, to grow our business and to inform our marketing strategy)
To use data analytics carry out market research, analyse your use of the Platform, compile reports on your activity, collect demographic data and analyse performance metrics, all in orderto improve our Platform, services, marketing and Customer relationships and experiences
Necessary for our legitimate interests (to define types of customers for our services, to keep our Platform updated and relevant, to develop our business, and to inform our marketing strategy).
To make suggestions and recommendations to you about services that may be of interest to you
Necessary for our legitimate interests (to develop our services and grow our business)
To process a job application and keep you informed of employment opportunities
(a) Performance of a contract with you
(b) Necessary to comply with a legal obligation
(c) Necessary for our legitimate interests (to recruit good candidates for our business)
Where we need to collect information by law, or under the terms of a contract and you do not provide that information when requested, we may not be able to perform the contract or provide you with our services.
We may also collect and use information for market research purposes and to innovate our delivery of our products and services.
Can you deal with us anonymously?
We will provide individuals with the opportunity of remaining anonymous or using a pseudonym in their dealings with us where it is lawful and practicable (for example, when making a general enquiry). Generally, it is not practicable for us to deal with individuals anonymously or pseudonymously on an ongoing basis. If we do not collect personal information about you, you may be unable to utilise our services or participate in our events, programs or activities we manage or deliver.
Change of purpose
We will only use your information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, contact us.
If we need to use your information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
Who we share your information with & why?
We share your information with Customers that you join, in order for you to participate in the services provided by those Customers. These Customers use your information to:
- manage your registration with the Customer;
- provide you with Customer information;
- manage your involvement in Customer activities, community groups and challenges;
- send you messages related to the Customer and its services and products, and associated with rewards earned by you through the Platform.
We may share your information with others, particularly those that help us provide our services or run our business effectively. Most commonly, this includes our staff, our IT service providers, those who manage our data, and our advisers and communications partners. We may have to share information with third parties for the purposes and activities set out above in Why we collect and use your information. These include:
- Our staff who provide services or are involved in the running of our business.
- Service providers who perform services and functions on our behalf in connection with the operation of our business such as software and application service providers, and third parties who host, store and manage the Platform and data, or who provide programming or technical support, etc.
- Payment processors.
- Professional advisers including our accountants, insurance brokers, banking support, legal advisors etc.
- Partners that provide research and analytics, analyse Platform traffic and understand customer needs and trends.
- Communications service providers to help us to communicate with you.
- Parties that compel us to disclose your information by legal request, or, because we believe that such action is necessary), such as government or regulatory authorities.
- Those to whom we may sell, transfer, or merge parts of our business with, or where we acquire other businesses or merge with them. If such a change happens then any new owners may use your personal data in the same way as set out in this policy.
We require others to respect the information we share with them, and to only use it in ways the law allows. We only allow others to use such information for the specific purposes we set out, and not for any other purposes. When we engage processors to process information on our behalf, we ensure a contract is in place with the processor that sets out the details of the processing. We will take all reasonable steps to ensure that your information will be handled safely, securely, and in accordance with your rights, our obligations, and the obligations of these third parties under applicable data protection legislation.
We will share information, without notice, only if we, in the good faith, believe that such action is necessary to:
- comply with legislation or any legal process served on us;
protect and defend our rights and/or property; or
- to protect personal safety.
We do not sell or give your information to third parties for them to contact or market their goods or services to you without your consent.
We are part of a group of companies that works with Customers, users and service providers, and have commercial interests, across the globe. For Customers in Australia, your personal information will not be disclosed to overseas recipients – we have no reason to disclose such information to anyone overseas.
For Customers in the European Economic Area (EEA) or in the United Kingdom (UK), we store your information in the EEA or in the UK. We may, under certain circumstances e.g., a security breach in our data centre, transfer your information outside the EEA or UK. However, if we do transfer your information outside the EEA or UK, we will take all reasonable steps to ensure that your information is treated as safely and securely as it would be within the EEA or UK and under applicable data protection legislation, including:
- If the Customer is based in the European Union, we may enter into the Standard Contractual Clauses adopted by the European Commission (article 46(2)(c) GDPR), which are available here.
If the Customer is based in the United Kingdom:
- we will only transfer information to countries that have been deemed to provide an adequate level of protection for personal data by the Information Commissioner’s Office. For further details, see the Information Commissioner’s Office website.
- Where we use certain service providers, we may use the international data transfer addendum to the European Commission’s Standard Contractual Clauses, adopted by the UK Government under section 119A of the Data Protection Act 2018. For further details, see the Information Commissioner’s Office website for the transfer of personal data to third countries.
Third-party links and services
How we hold your information?
We store information in paper-based files or other electronic record keeping methods in secure databases (including trusted third-party storage providers based in Australia and overseas). Information may be collected in paper-based documents and converted to electronic form for use or storage (with the original paper-based documents either archived or securely destroyed). We take reasonable steps to protect your personal information from misuse, interference and loss and from unauthorised access, modification or disclosure.
We maintain physical security over paper and electronic data stores, such as through locks and security systems at our premises. We also maintain computer and network security. For example, we use firewalls (security measures for the internet) and other security systems such as user identifiers and passwords to control access to our computer systems.
Our Platform, including our websites, do not necessarily use encryption or other technologies to ensure the secure transmission of information via the internet. Users of our Platform, including our websites, are encouraged to exercise care in sending personal information via the internet.
We take steps to destroy or de-identify information that we no longer require.
How we protect your information
We take steps to keep your information secure and we delete it when we no longer need it. We hold internationally recognised security certifications.
Security of your personal data
We have put in place appropriate security measures to prevent information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to information to those of our staff and other third parties who have a business need to know. They will only process information on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
Please note that this policy does not apply to other websites that you get to via a link from our Platform. We have no control over how your information is collected, stored or used by other websites and we advise you to check the privacy policies of any such websites before providing any information to them.
A data breach occurs if personal information that the Group or its Entities hold is subject to unauthorised access or disclosure or is lost. We will take all reasonable steps to prevent a data breach from occurring.
A data breach will be notified to you and the Australian Privacy Commissioner (Commissioner) if:
- There is unauthorised access to or disclosure of your personal information.
- The unauthorised disclosure is likely to result in serious harm to you; and
- We have been unable to prevent the likely risk of serious harm with remedial action.
We will also conduct an assessment if it is not clear if a suspected data breach meets the above criteria. The assessment will determine whether the data breach is an ‘eligible data breach’ that triggers notification obligations to you and to the Commissioner.
Once you are notified about a data breach that we have assessed as an eligible data breach, you are encouraged to take steps to reduce your risk of harm, through measures such as changing passwords and being alert to identity fraud or scams.
We will retain information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for information, we consider the amount, nature, and sensitivity of the information, the potential risk of harm from unauthorised use or disclosure of the information, the purposes for which we process the information and whether we can achieve those purposes through other means, and the applicable legal requirements.
We regularly review the information we hold, taking into account the lawful purpose for which we hold it, and any data that is deemed no-longer relevant or required is deleted where it is practicable to do so.
We will destroy all information associated with Platform accounts in accordance our Customer’s data retention schedules, which typically require deletion of information after 1 year of Platform inactivity.
Do we use or disclose your personal information for direct marketing?
We may use or disclose your personal information for the purpose of informing you about our services, upcoming promotions and events, or other opportunities that may interest you. If you do not want to receive direct marketing communications, you can opt-out at any time by contacting us using the contact details in our communications or as set out below.
If you opt-out of receiving marketing material from us, we may still contact you in relation to our ongoing relationship with you.
Privacy laws give you certain rights. For example, you can choose whether to receive marketing from us and you can ask us what information we have about you.
You may, at any time opt-out of receiving marketing communications from us by contacting us or selecting the unsubscribe option in any e-mail from us.
Other Legal Rights
You have the right to:
- Request access. This means you can ask us to give you a copy of the information we hold about you.
- Request correction. This means if we have incomplete or inaccurate information, you can ask us to correct it. It is important that the information we hold about you is accurate and current. Please keep us informed if the information you provide us changes as our relationship evolves. Note, we may need to verify the accuracy of the new data you provide to us.
- Request erasure. This means you can ask us to delete or remove any information we have if there is no good reason for us continuing to have it. You also have the right to ask us to delete or remove information where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your information to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
- Object to processing. This means you can contact us if you feel our use of your information impacts on your rights and freedoms. This applies if we are: (a) relying on our legitimate interest (or those of a third party) to use your information; (b) if we are using your information for direct marketing purposes; (c) if you believe we are using your information unlawfully; or (d) where we need to erase you information to comply with local laws. It is unlikely, but in some cases we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
- Request restriction. This means you can ask us to suspend using your information in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the information is unlawful but you do not want us to erase it; (c) where you need us to hold the information even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your information but we need to verify whether we have overriding legitimate grounds to use it.
- Request transfer. This means you can ask us to transfer the information we hold on you to you, or to a third party. We will provide to you, or the third party you have chosen, your information in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use, or where we used the information to perform a contract with you.
- Withdraw consent. This means you can tell us that you no longer consent to our use of your information at any time where we are relying on consent to process your information. If you withdraw your consent, we may not be able to provide certain services or content to you. We will advise you if this is the case at the time you withdraw your consent. Note that this will only apply to any information where we were previously relying on consent as the legal basis to use your information. This action will also not affect the lawfulness of any processing carried out before you withdraw your consent
What we may need from you
We may need to request specific information from you to help us confirm your identity and your rights in relation to your request. This is a security measure to ensure that information is not disclosed to any person who does not have a right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
No fee usually required
You will not have to pay a fee to exercise the rights listed above. However, we may charge a reasonable fee if your request is unfounded, repetitive, or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
Time limit to respond
We try to respond to all legitimate requests as soon as reasonably practicable and at least within one month. Occasionally it may take us longer if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
How can you access or seek correction of your personal information?
You are entitled to access your personal information held by us on request. To request access to your personal information please contact our privacy officer using the contact details set out below.
You will not be charged for making a request to access your personal information, but you may be charged for the reasonable time and expense incurred in compiling information in response to your request.
We will take reasonable steps to ensure that the personal information we collect, use or disclose is accurate, complete and up to date. You can help us to do this by letting us know if you notice errors or discrepancies in information we hold about you and letting us know if your personal details change.
However, if you consider any personal information we hold about you is inaccurate, out-of-date, incomplete, irrelevant or misleading you are entitled to request correction of the information. After receiving a request from you, we will take reasonable steps to correct your information.
We may decline your request to access or correct your personal information in certain circumstances in accordance with the Australian Privacy Principles. If we do refuse your request, we will provide you with a reason for our decision and, in the case of a request for correction, we will include a statement with your personal information about the requested correction.
What should you do if you have a complaint about the handling of your personal information?
You may make a complaint about privacy to the privacy officer at the contact details set out below.
The privacy officer will first consider your complaint to determine whether there are simple or immediate steps which can be taken to resolve the complaint. We will generally respond to your complaint within a week.
If your complaint requires more detailed consideration or investigation, we will acknowledge receipt of your complaint within a week and endeavour to complete our investigation into your complaint promptly. We may ask you to provide further information about your complaint and the outcome you are seeking. We will then typically gather relevant facts, locate and review relevant documents and speak with individuals involved.
In most cases, we will investigate and respond to a complaint within 30 days of receipt of the complaint. If the matter is more complex or our investigation may take longer, we will let you know.
Right to complain to the Office of the Australian Information Commissioner
If you are not satisfied with our response to your complaint, or you consider that we may have breached the Australian Privacy Principles or the Privacy Act, a complaint may be made to the Office of the Australian Information Commissioner. The Office of the Australian Information Commissioner can be contacted by telephone on 1300 363 992 or by using the contact details on the website www.oaic.gov.au.
How to contact us
If you have any questions or would like to contact us about this policy, you can contact us. Our contact details are as follows:
Contact: Attention: Ms Kirsti Summers, Privacy Officer, OpenPlay Australia Pty Ltd
Level 3 South Tower, 527 Gregory Terrace Fortitude Valley Qld 4006
Phone: 07 3040 6647