PRIVACY POLICY

Privacy Policy

  1. Overview

In this Privacy Policy, 'us', 'we' or 'our' means Funlocka Pty Ltd (ACN 616 476 656) and our related bodies corporate. 

Your privacy is important to us and we are committed to protecting your privacy in accordance with the Privacy Act 1988 (Cth) (Privacy Act), which includes the Australian Privacy Principles and any related privacy codes.

This Policy applies to all personal information collected via our mobile application known as "Funlocka", our social media outlets and our website (www.funlocka.com) (together referred to as the Online Services) and does not apply to employee records of our current or former employees, which are exempt from the Privacy Act. 

Please read this Policy carefully and contact us using the details below if you have any questions. 

  1. Consent

BY PROVIDING PERSONAL INFORMATION, YOU CONSENT TO US COLLECTING, USING, STORING AND DISCLOSING YOUR PERSONAL INFORMATION IN ACCORDANCE WITH THIS POLICY OR AS REQUIRED OR PERMITTED BY LAW. 

You may refuse to give us your consent, and you may withdraw your consent, to some or all of the purposes in this Policy. However, if you do so: 

  1. we may not be able to provide our Online Services to you; and
  2. you may need to stop using our Online Services.

IF YOU CONTINUE USING OUR ONLINE SERVICES, THEN WE WILL TREAT YOUR USE AS YOUR CONSENT TO US HANDLING YOUR PERSONAL INFORMATION IN ACCORDANCE WITH THIS POLICY.

  1. The types of information we collect
  2. Personal information

Personal information is information or an opinion about you or from which you can be reasonably identified. 

We may collect the following types of personal information about you:

  1. your name, gender, delivery address, email address, phone number, age or date of birth;
  2. information about your working practices, such as your employment details and job title;
  3. payment and transactional information, such as credit card details;
  4. your device ID, device type and information, geo-location information, computer and connection information, statistics on page views, traffic to and from the sites, ad data, Internet Protocol (IP) address and standard web log information;
  5. details of products or services which we have provided to you or about which you have enquired; 
  6. information contained in any communications between you and us; and
  7. any information about you that you provide through our Online Services, including information you provide if you participate in a survey, promotion or competition.
  8. Sensitive information 

Sensitive information is a form of personal information and is information or an opinion of a sensitive nature. 

We may collect the following types of sensitive information: 

  1. ethnicity; 
  2. religion; 
  3. political affiliation; 
  4. sexual orientation; 
  5. health information; 
  6. genetic information; and 
  7. criminal history. 

We will only collect, use or disclose your sensitive information if it is reasonably necessary to carry out our functions or activities and we have your consent.

  1. Why we collect and use your personal information

We collect and use your personal information through lawful and fair means so we can perform our business activities and functions. 

Your personal information is collected and used for the following purposes: 

  1. to provide you with our products and services, including accepting and processing your orders, delivering orders and providing refunds or discounts;
  2. to give you information about our products and services; 
  3. to interact with you;
  4. to administer surveys;
  5. to connect you with our business partners; 
  6. to send you promotional and marketing information, including information sent by our business partners; 
  7. to administer rewards or other promotional activities sponsored or managed by us or our business partners;
  8. to conduct product and market research;
  9. to develop consumer insights so we can better understand your preferences and interests, personalise your experience and enhance the products and services you receive;
  10. to send you service, support and administrative messages, reminders, technical notices, updates, security alerts and information requested by you;
  11. to perform administrative and operational functions;
  12. to comply with any legal requirements; 
  13. for any related purpose for which we are entitled to use your personal information; and
  14. for any other purpose for which you give your consent.
  15. How we collect your personal information
  16. You give it to us

We collect personal information directly from you when you:

  1. use our Online Services;
  2. set up an account with us;
  3. share personal information with us via our Online Services;
  4. communicate with us;
  5. participate in one of our surveys, promotions or competitions; 
  6. interact with our Online Services and advertising; and
  7. purchase one of our products or services.
  8. We collect it 

We also use cookies to collect personal information when you use our Site. We explain our use of cookies below. 

  1. Cookies are small data files transferred onto computers or devices by websites. 
  2. When you use or access our Site, we may collect information by sending and storing cookies from our Site to your device. 
  3. Cookies tell us when you visit our Site, which pages you visit and the information you download. They also remember your details and preferences, so you can easily continue your browsing session when you return to our Site. 
  4. If you do not want to activate cookies, you can opt-out of receiving them by amending the settings of your internet browser, however, you may find that some parts of our Site will have limited functionality and personalisation if you do so. 
  5. We collect it from third parties

We may also collect your personal information from third parties including: 

  1. service providers;
  2. credit reporting bodies;
  3. marketing companies;
  4. referrals who may have referred you to us; and
  5. organisations with whom we have an agreement to share information for marketing purposes. 
  6. Dealing with us anonymously

You may choose to deal with us anonymously or using a pseudonym in certain circumstances, such as when you contact us to make a general enquiry. 

However, we may need, at a minimum, your name and contact details to allow us to handle your enquiry or request.  

  1. Disclosing your personal information and who might have access
  2. Within Australia 

We may disclose your personal information to the following third parties for the purposes described in this Policy: 

  1. our employees, related entities and employees of those entities;
  2. our business partners, including the owners or operators of any app or platform you have subscribed for through us or in connection with us;
  3. our professional advisers, dealers and agents; 
  4. third parties and contractors who provide services to us, including customer enquiries and support services, debt-recovery functions, information technology service providers, marketing, advertising and door-knocking services; 
  5. payment systems operators;
  6. our sponsors or promoters of any competition that we conduct;
  7. any third parties authorised by you to receive information held by us; and
  8. government, regulatory and law enforcement agencies as required, authorised or permitted by law. 
  9. Outside Australia
  10. We may disclose your personal information to our third party service providers who assist us with our business functions. These entities may have servers in and operate out of locations outside Australia. As some of these entities are of a global nature, we cannot say with certainty where their servers are located or the countries out of which they operate. Further, these locations may be subject to change without notice to us. 
  11. By providing us with your personal information, you consent to us disclosing your personal information to overseas third parties and acknowledge that we will take reasonable steps to ensure that overseas third parties deal with your personal information in a way that complies with the Privacy Act and the APP.
  12. Security
  13. How we store and protect your personal information

We hold your personal information in hardcopy and/or electronic forms, in secure databases that are owned and operated by our third party service providers. 

We protect the personal information we hold through login password protocols, monitoring staff access and auditing.

While we take reasonable steps to ensure your personal information is protected from loss, misuse and unauthorised access, modification or disclosure, security measures over the internet can never be guaranteed. This means we cannot guarantee the security of your personal information. In the event of a data breach, we will comply with the required data breach reporting laws.  

  1. Links to third party websites/platforms 

Our Online Services may contain links to websites, other apps and social media platforms operated by third parties. 

Those links are provided for convenience and may not remain current or be maintained. Unless stated otherwise, we are not responsible for the privacy practices of, or any content on, those linked websites, and have no control over or rights in those linked websites. 

The privacy policies that apply to third parties' websites may differ substantially from this Policy, so we encourage you to read those privacy policies before using those websites.

  1. Accessing or correcting your personal information
  2. Accessing your personal information

If you would like to access your personal information, please contact us using the details below. 

While we try to give you access to your personal information free of charge, we may charge you a reasonable fee to cover costs associated with: 

  1. searching for, locating and retrieving your personal information; and
  2. reproducing and sending you your personal information.

In certain circumstances, we may not be able to give you access to your personal information. In these circumstances, we will write to you to explain why we cannot comply with your request.

We will try to respond to your request for access within 14 days of receiving your request.  

  1. Correcting your personal information

We try to ensure any personal information we hold about you is accurate, up-to-date, complete and relevant. 

If you believe the personal information we hold about you is inaccurate, out-of-date, incomplete, irrelevant or incorrect, please contact us using the details below and we will take reasonable steps to ensure it is corrected. 

We will try to respond to your request for correction within 14 days of receiving your request. 

  1. Destroying or de-identifying personal information

We destroy personal information when we no longer need it, unless we are otherwise required or authorised by law to retain the information. 

  1. Making a complaint
  2. If you believe your privacy has been breached or you have a complaint about our handling of your personal information, please contact us using the details below.
  3. We take privacy complaints seriously. If you make a complaint, we will respond within a reasonable time to advise you of the person responsible for managing your complaint. We will try to resolve your complaint within 30 days. When this is not reasonably possible, we will contact you within that time to let you know how long we will take to resolve your complaint.
  4. We will investigate your complaint and, where necessary, consult with third parties about your complaint. We will decide how to address your complaint and write to you to explain our decision.
  5. If you are not satisfied with our decision, you can refer your complaint to the Office of the Australian Privacy Commissioner and/or other state bodies. Details about how to file a complaint can be found at www.oaic.gov.au.
  6. Changes

We may, from time to time, amend this Policy, in whole or part, in our sole discretion. 

Any changes to this Policy will be effective immediately upon the posting of the revised Policy on our Site. 

Depending on the nature of the change, we may announce the change on our Site home page or by email (if we have your email address). However, in any event, by continuing to use the Online Services following any changes, you will be deemed to have agreed to such changes. 

  1. Contact us

All questions or queries about this Policy and complaints should be directed to: 

Privacy Officer

funtimes@funlocka.com.au

Dated: 7th March, 2018

TERMS OF SERVICE

Terms and Conditions

Overview

  1. We, Funlocka Pty Ltd (ACN 616 476 656) (Funlocka) own and operate the website located at www.funlocka.com (Site). 
  2. By accessing and using the Site, you acknowledge you have read, understood and agree to comply with:
  3. these Terms and Conditions;
  4. our Privacy Policy; and
  5. any other terms, policies or notices published on the Site, (collectively, Terms).
  6. Our Terms form a binding contractual agreement between the user of the Site (you) and us.
  7. Before accessing and using the Site, you should read the Terms carefully. If you have any questions about the Terms, you can contact us at funtimes@funlocka.com.au.
  8. If you do not agree to the Terms, as amended from time to time, in whole or in part, you must not access or use the Site

Access of Site

  1. You may need to register an account to access the Site. 
  2. To register an account, you must:
  3. possess the legal right and ability to enter into a legally binding agreement; 
  4. provide complete and accurate answers to all the items in the sign-up page of the Site, including your full name, company and email address; and
  5. agree to these Terms. 
  6. If you are required to register an account, you must nominate a password. You are responsible for maintaining the confidentiality and integrity of your account and for all use and activity carried out on your account. If you believe that there has been unauthorised access to your account, please contact us at funtimes@funlocka.com.au. 
  7. The information you provide us to create your account must be accurate, complete and up to date. You must update this information to ensure it remains up to date. 

Use of Site

  1. Obligations
  2. You represent and warrant to: 
  3. use the Site in accordance with these Terms;
  4. comply with all rules of common law, principles of equity, international law or any federal, state, local laws, statutes, rules, regulations, proclamations, ordinances or by-laws and other subordinate legislation of any country anywhere in the work (together, Law);
  5. Any reproduction, distribution or re-publication of the content on the Site, is strictly prohibited. 

Limitations

In accessing the Site, you represent and warrant that you will not:

  1. modify or copy the layout of the Site or any computer software and code contained in the Site;
  2. interfere with or disrupt the Site, including by transmitting any viruses, spyware, malware or any other code of a destructive or disruptive nature;
  3. create accounts with us through unauthorised means, including by using an automated device, script, bot or other similar means; 
  4. restrict, or attempt to restrict, another user from using or enjoying the Site;
  5. interfere with the privacy of another person;
  6. infringe any intellectual property rights or any other contractual or proprietary rights of another person;
  7. do any act, engage in any practice or omit to do any act or engage in any practice that: 
  8. is or could reasonably be considered obscene, illegal, offensive, inappropriate, defamatory, indecent, threatening or objectionable in any way;
  9. would cause us to breach or to be taken to breach a Law; 
  10. would bring us into disrepute; or 
  11. interferes with the integrity or supply of the Site to all users; or
  12. encourage or facilitate violations of the Terms.

Fees and payments

  1. User Fee
  2. Subject to this clause 4.1, access to and use of the Site is free. 
  3. We reserve the right to charge users a fee in consideration for us making the Site available (User Fee).
  4. We will provide users with reasonable notice if we decide to introduce a User Fee to allow users to decide whether to continue or terminate their access to the Site. 
  5. Intellectual property rights
  6. In these Terms, “Intellectual Property (Rights)” means all intellectual property rights, including all copyright, patents, trademarks, design rights, trade secrets, circuit layouts, domain names, know-how and other rights of a similar nature worldwide, whether registered or not, and any applications for registration or rights to make such an application.
  7. We own or are the licensee of all rights, title and interest (including Intellectual Property Rights) in the Site (including all text information and content, graphics, logos and software) made available to you on the Site (collectively, “Site Content”). Your use and access of the Site does not grant or transfer any rights, title or interest to you in relation to the Site Content.
  8. You may view the Site using a web browser or mobile device, and electronically copy and print hardcopy the Site Content solely for your personal, non-commercial use.
  9. You must not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, reverse engineer, create derivative works from, transfer, or sell any Site Content or any other material in whatever form contained within the Site unless expressly stated otherwise in these Terms.

User Content

  1. General
  2. We do not claim ownership of any content you add or post onto the Site, including any reviews, comments, photos and other contributions you may make in response to the content of our Site (User Content). Instead, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable licence to use the User Content, whether on this Site, another Site we own or control or in any hardcopy form.
  3. You consent to any act or omission which would otherwise constitute an infringement of your moral rights. If a third party has moral rights in your User Content, you must ensure the third-party consents in the same manner.
  4. User Content must be accurate, truthful and genuine, provided for information purposes. We do not have the ability to verify the accuracy or otherwise of the User Content.
  5. Security of content
  6. We will take all reasonable steps to implement, maintain and enforce security procedures and safeguards to protect the security, confidentiality and integrity of the User Content from unauthorised access or use by a third party or misuse, damage or destruction by any person.
  7. However, given the nature of the internet, we do not guarantee and cannot ensure the security of User Content and we expressly exclude liability for any such loss, however caused.
  8. We recommend you take proactive means to protect your computer system from potential hazards by installing firewalls, anti-virus software and other security applications.
  9. Prohibited content

You must not create or generate any User Content:

  1. unless you hold all necessary rights, licences and consents to do so;
  2. that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
  3. that we consider inappropriate, defamatory, offensive, abusive, indecent, illegal or disparaging; 
  4. that would bring us into disrepute; or
  5. that infringes the rights, including intellectual property rights, of any third party.
  6. Blocking

We reserve the right to remove or block any User Content that violates our Terms. 

Third Party Links

  1. The Site may contain links to other websites owned and operated by third parties, which are not under our control (Third Party Links).
  2. Third Party Links are provided as a convenience to you and the existence of such links on the Site does is not an endorsement of those Third Party Links.
  3. We are not responsible for the content or material contained on any Third Party Link.

Privacy

  1. We will collect, use and disclose any personal information you provide us when using the Site in accordance with our Privacy Policy.
  2. For more information on our information collection and handling practices, please view our Privacy Policy 

Disclaimer

  1. The Site  and Third Party Links are provided to you on an 'as is' and 'as available' basis. We give no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise of the Site or Third Party Links.
  2. We do not control, endorse or support any User Content and reliance on any such information is at your own risk.
  3. We reserve the right to change, suspend or discontinue any aspect of the Site, including removing any User Content or Third Party Links, at any time and without notice to you.
  4. You are responsible for considering the appropriateness of the Site for your intended application and use and we give no warranty, guarantee or representation that the Site is suitable for or meets your requirements. 
  5. You alone are responsible for your User Content. 
  6. We are not responsible or liable for the conduct of any user. We reserve the right to monitor or become involved in any dispute between you and another user.

Exclusions and limitation of liability

Exclusions 

  1. To the maximum extent permitted by law, we exclude all representations and warranties relating to the subject matter of these Terms, our Site and the use of our Service. This exclusion includes but is not limited to:
  2. the completeness, truth, suitability, quality or accuracy of the information or Service descriptions published on our Site (including third-party material and advertisements);
  3. whether any result or objective can or will be achieved or attained by accessing the Site;
  4. any other user’s conduct;
  5. that the information on the Site is up to date; or
  6. any Service or the Site will remain available.

Limitation of Liability

  1. Everything on the Site is provided to users "as is" and "as available". None of our affiliates, directors, officers, employees, agents, contributors and licensors make any representation or warranty about the Service referred to on the Site. This includes (without limitation) loss or damage you may suffer as a result of any of the following: 
  2. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;
  3. costs incurred as a result of you using the Site and our Service; or 
  4. any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
  5. Pursuant to s64A of Schedule 2 of the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law), this clause 8.2 applies in respect of services that are not of a kind ordinarily acquired for personal, domestic or household use or consumption. Our liability for breach of a guarantee conferred by the Australian Consumer Law (other than those conferred by s51 to s53 of the Australian Consumer Law) is limited at our option to:
  6. the supply of the services again; or  
  7. the payment of the direct cost of having the services supplied again. 

Indemnity

  1. You must indemnify and keep indemnified us, our directors, employees, contractors and agents, Related Bodies Corporate and Related Entities as defined in the Corporations Act 2001 (Cth) (together, Indemnified Persons) from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of the Indemnified Persons from any claim, demand, suit, action or proceeding by any person against any of the Indemnified Persons where such loss or liability arose  directly or indirectly out of or in connection with: 
  2. any breach of these Terms by you; or 
  3. breach of any right of a third party, 

except to the extent that the loss or liability is caused or contributed to by the act or omission of any of the Indemnified Persons. 

Dispute resolution 

  1. The parties must use their reasonable endeavours to resolve through negotiation all disputes, conflicts (including, without limitation, conflicts of interest) differences or questions between them arising out of or in connection with these Terms.
  2. If within 10 business days (that is, days that are not bank holidays in New South Wales, Australia, the dispute cannot by resolved following negotiation between the parties, either party may refer the dispute for arbitration. 
  3. The parties agree to negotiate in good faith to agree on the appointment of a single arbitrator, or failing agreement as appointed by the President of the Law Society of New South Wales (if all the parties are situated in Australia) or (where one or more of the disputing parties is not situated in Australia) to an arbitrator appointed by the Australian Centre for International Commercial Arbitration Court (ACICA).
  4. The arbitration will be conducted in Australia in accordance with the ACICA Rules operating at the time the dispute is referred to ACICA (the Rules). 
  5. The terms of the Rules are deemed incorporated into these Terms. 
  6. If a party fails to adhere to the terms of this clause 12 and proceedings are subsequently issued by the defaulting party, these Terms can be used as a bar to any proceedings so issued. 

Termination 

  1. We reserve the right to cease operating the Site, without notice and for any reason. We may terminate our relationship with you without notice and with immediate effect if you, in any way, breach these Terms.   
  2. On termination of these Terms: 
  3. access to your account will expire or cease; and 
  4. you will not have any access to User Content through the Site; and
  5. we will remove your account and its related information from the Site. 
  6. We are not liable for any costs, losses or damages of any kind arising as a consequence of terminating your access to the Site. 

Contact us

If you wish to contact us or make a complaint, please contact us at funtimes@funlocka.com.au.

Variation to the Terms

  1. We may vary, amend or otherwise modify the Terms at any time (New Terms).
  2. We will publish the New Terms on the Site, at which time they will be effective. 
  3. Your continued use of the Site following posting of the New Terms constitutes your acceptance of the New Terms.

Severability

If any provision of our Terms is unenforceable or invalid, it will be ineffective to the extent it is unenforceable or invalid and will not affect the enforceability or validity of the remaining provisions.

Jurisdiction

  1. The Terms are governed by the laws in force in New South Wales, Australia. 
  2. You and we submit to the exclusive jurisdiction of the courts of New South Wales. 

Last update of these Terms of Use: 7th March, 2018