PRIVACY STATEMENT

1. Your rights in relation to privacy

This statement applies to any personal information collected from you by Open Top Media Pty Ltd ACN 152 918 244 (we, us, our) via one of the websites or mobile applications owned or operated by us or our network of third party promotional partners (Promotional Platforms).

This statement does not apply to the practices of organisations that we do not own or control, or to people that we do not employ or oversee even if links to their websites appear on our Promotional Platforms. We recommend you examine the privacy policies and statements of such other parties.

We understand the importance of protecting the privacy of an individual’s personal information. This statement sets out how we aim to protect the privacy of your personal information, your rights in relation to your personal information managed by us and the way we collect, hold, use and disclose your personal information.

In handling your personal information, we will comply with the Privacy Act 1988 (Cth) (Privacy Act) and with the 13 Australian Privacy Principles in the Privacy Act. This policy statement may be updated from time to time.

2. What kinds of personal information do we collect?

Personal information is information or an opinion about an identified, or reasonably identifiable, individual. During the provision of our services, including if you access our Promotional Platforms, register an account, opt-in to offers, deals and competitions, and complete surveys, we may collect your personal information.

Generally, the kinds of personal information we collect includes your name, address, telephone number, date of birth, marital status and email address. In some circumstances we may also hold other personal information provided by you.

We may collect information about you in the course of your interaction with our Promotional Platforms including your internet protocol (IP) address, the date and time of your visit, the pages you have accessed, the links on which you have clicked and the type of browser that you were using, which may be linked to your personal information.

3. How do we collect personal information?

Generally, we collect your personal information directly from you, if you:

• set up or update an account or other registration on our Promotional Platforms;
• opt-in to offers, deals and competitions;
• complete surveys;
• actively participate and use our Promotional Platforms; or
• submit an enquiry to us via our Promotional Platforms.

There may be other occasions when we collect your personal information from other sources such as from an information services provider or a publicly maintained record. Generally, we will only collect your personal information from sources other than you if it is unreasonable or impracticable to collect the personal information from you.

We may also collect statistical information if you access and use our Promotional Platforms by utilising features and technologies of your internet browser, including cookies and pixel tags. If you have provided personal information to us, we may link this statistical information to your personal information for the purpose of providing services to you.

4. Who do we disclose your personal information to?

We may disclose your personal information with your consent to third party advertisers for the purposes specified in paragraph 6 or for any other purposes specified above in paragraph 3. We may also disclose your personal information with your consent or if disclosure is required or authorised by law.

5. Overseas disclosure

We may disclose personal information to overseas recipients for the following purposes:

• in order to provide our services and/or products;
• for administrative or other business management purposes; or
• where you have provided your consent to us disclosing your personal information to a specified third party promotional partner (Partner) that is located overseas

Recipients of such disclosures for the purpose of our administrative or business management purposes are located in the United States of America and may also be located in other countries notified to you from time to time.

Where you have consented to us disclosing your personal information to a Partner that is located overseas, we will endeavour to notify you of the country or countries to which your personal information will be disclosed at the time you provide your consent.

Before disclosing any personal information to an overseas recipient, we take steps reasonable in the circumstances to ensure the overseas recipient complies with the Australian Privacy Principles or is bound by a substantially similar privacy scheme unless you consent to the overseas disclosure or it is otherwise required or permitted by law.

6. Direct marketing

At the time of entering a competition on one of our Promotional Platforms, entrants data will be added to the Promoter’s database and used for future promotional and marketing purposes. We may also seek your consent to us disclosing your contact details to a specified Partner.

Where you have provided your consent, we may disclose your personal information to the Partner for the purpose of the Partner contacting you for promotional purposes, and the Partner may contact you with special offers via the communication channel or channels specified at the time of obtaining your consent.

In the event you do not wish to receive such communications, you can opt-out by contacting us via the contact details set out in paragraph 9, through any opt-out mechanism contained in a communication or by logging in to your account and using the info and feedback form.

If you unsubscribe or opt-out, your account will be deleted after the next prize draw to be conducted and you will not have your data provided to any third party advertisers or people for marketing or other purposes (except to the extent as required by law to disclose it). You may at any point re-subscribe by re-registering.

7. Security of your personal information

We take all steps reasonable in the circumstances to ensure that the personal information we hold is protected from misuse, interference and loss and from unauthorised access, modification or disclosure. We hold personal information in both hard copy and electronic forms in secure databases on secure premises, accessible only by authorised staff.

We will destroy or de-identify personal information in circumstances where it is no longer required, unless we are otherwise required or authorised by law to retain the information.

8. Can you access and correct the personal information that we hold about you?

We take steps reasonable in the circumstances to ensure personal information we hold is accurate, up-to-date, complete, relevant and not misleading. Under the Privacy Act, you have a right to access and/or seek correction of your personal information that is collected and held by us.

If at any time you would like to access or correct the personal information that we hold about you, or you would like more information on our approach to privacy, please contact us via the contact details set out in paragraph 9 below. We will grant access to the extent required or authorised by the Privacy Act or other law and take steps reasonable in the circumstances to correct personal information where necessary and appropriate.

To obtain access to your personal information:

• you will have to provide proof of identity. This is necessary to ensure that personal information is provided only to the correct individuals and that the privacy of others is protected;
• you must be reasonably specific about the information you require; and
• we may charge you a reasonable administration fee, which reflects the cost to us, for providing access in accordance with your request.

If we refuse your request to access or correct your personal information, we will provide you with written reasons for the refusal and details of complaint mechanisms. We will also take steps reasonable in the circumstance to endeavour to provide you with access in a manner that meets your needs and our needs.

We will endeavour to respond to your request to access or correct your personal information within 7 days from your request.

9. How to contact us

For further information or enquiries regarding your personal information held by us, or if you would like to opt-out of receiving any promotional communications from us or our Partners, please contact us at [email protected], or call +61 3 9111 0166.

10. Privacy complaints

If you believe that we have breached the Privacy Act, the Australian Privacy Principles or any binding code under the Privacy Act, you can make a privacy complaint to us.

Please direct all privacy complaints to us on the contact details specified in paragraph 9. At all times, privacy complaints:

• will be treated seriously;
• will be dealt with promptly;
• will be dealt with in a confidential manner; and
• will not affect your existing obligations or affect your commercial arrangements with us.

We will commence an investigation into your complaint. You will be informed of the outcome of your complaint following completion of the investigation. In the event that you are dissatisfied with the outcome of your complaint, you may refer the complaint to the Federal Office of the Australian Information Commissioner.