Privacy Policy
Tough Times Foundation Ltd (otherwise referred to as “Tough Times Foundation” "we" or "us"), acknowledges the importance of privacy and customer data security and takes seriously its obligations under the Privacy Act 1988 (Cth) (Privacy Act) and the associated Australian Privacy Principles (APPs) and any other applicable law.
This Privacy Policy describes the way in which we deal with the information and data you provide to us as a result of your interaction with Tough Times Foundation, your use of the Tough Times Foundation Website (Website) or whenever we otherwise deal with you. We are committed to ensuring that the information we collect about you is protected and is used, stored and disclosed in accordance with law and this Privacy Policy.
When you provide personal information to us, we may deem your provision of personal information to be consent to Tough times Foundation collecting, using and disclosing your personal information:
- set out in this Privacy Policy;
- clearly explained to you at the time when the information is collected from you; or
- permitted under the Australian Privacy Principles.
If you do not agree with the terms of this Privacy Policy, please do not use the Website, our services or otherwise provide us with your personal information.
This Privacy Policy will not apply to third-party websites or apps which are linked to the Website and over which we have no control. We strongly recommend reviewing the relevant third-party privacy policy before using any linked website or app.
1. INFORMATION COLLECTED AND HOW IT IS USED
The kinds of personal information that we collect from you depend on the nature of your dealings with us. The information and data about you which we may collect, use and process includes the following:
1.1 information that you provide to us by filling in forms on the Website or any other information you submit to us via the Website or email or other means including name, residential address, date of birth, gender, email address, phone number(s), personally submitted preferences, bank account and credit card information, or other financial information;
1.2 records of correspondence, whether via the Website email, telephone or other means;
1.3 your responses to surveys or customer research that we carry out;
1.4 personally submitted preferences and service usage information;
1.5 details of the transactions you carry out with us, whether via the Website telephone or other means;
1.6 details of your visits to the Website including, but not limited to traffic data, location data, IP address, weblogs and other communication data;
1.7 identity verification information; and
1.8 recording of all telephone calls and Website activity.
You must only provide accurate information that you are authorised to disclose in order to allow us to use your personal information in accordance with this Privacy Policy.
We will ordinarily collect your personal information directly from you, primarily through your use of the Website, over the telephone or in person. We may also collect personal information from others, for example our agents or affiliates whom we engage to undertake marketing activities.
In order to verify the personal information you provide us we may use a verification service which involves a request to have the information you provide matched against official records and may involve use of secure third party systems and services.
We may also collect personal information from job applicants, our employees and individuals associated with our business partners and service providers. Usually this information is limited to name and contact details and the other information we need for the purpose of processing a job application and managing our business relationships.
2. USE AND DISCLOSURE OF PERSONAL INFORMATION
We may use your personal information and data together with other information for the purposes of:
2.1. processing any application to become a Tough Times Foundation Member (Member);
2.2. processing any transactions, including card and online payments;
2.3. setting up, operating and managing your account;
2.4. complying with our legal and regulatory duties;
2.5. building up personal profiles;
2.6. carrying out customer research, surveys and analyses;
2.7. improving and developing new products and Services and to tailor our Services to suit your needs;
2.8. providing you with marketing information about promotional offers and our products and Services, where you have consented;
2.9. monitoring transactions for the purposes of preventing fraud or detecting suspicious behaviour;
2.10. taking appropriate action if we have reason to suspect that unlawful activity or misconduct of a serious nature has been, is being or may be engaged in that relates to our functions and activities;
2.11. complying with any responsible gambling commitments (for example, to implement any self-exclusion or other exemption programs) that apply from time to time;
2.12. responding to enquiries and complaints from you and to establish, exercise or defend any legal claims;
2.13. providing information law enforcement agencies such as the Australian Securities and Investments Commission or the Australian Federal Police in relation to any investigation; and;
2.14. determining your liability to Australian GST and other taxes where applicable.
We will only disclose personal information to business partners, successors in title to our business and suppliers that are engaged to process such information on our behalf for the following purposes:
2.15. to the extent necessary, to provide the Service you have requested or to meet the purpose for which your personal information was submitted;
2.16. to service providers and professional advisers for the purposes of providing services to us (e.g., auditors, lawyers, IT consultants, third parties) who might assist us to comply with identity verification and background check obligations or other professional requirements;
2.17. to our sponsors and business partners strictly for the purposes of our business relationship with them;
2.18. to actual or prospective purchasers of all or a part of our business, and their advisers;
2.19. if we have informed you of the particular third party to whom your personal information will be disclosed, at the time of collection;
2.20. in order to participate in activities with business partners, who will be identified to you when the relevant personal information is collected;
2.21. to check your age and identity;
2.22. for fraud prevention and for other lawful purposes associated with the conduct of our business;
2.23. where requested from a government affiliated health department or similar department for the purpose of studies, such as identifying gambling trends and harm minimisation, with this information being strictly deidentified;
2.24. if the disclosure is:
- permitted by law;
- permitted by the Australian Privacy Principles;
- necessary to co-operate with the judicial process of a law enforcement agency;
- necessary to protect and defend the rights or property of Toughest Promotions or this Website;
- necessary to lessen, prevent or detect unlawful activity or serious threats to individuals, public health or safety; or
- to establish or defend a legal claim.
We will take reasonable steps to ensure that any personal information we disclose to a third party is protected by that party in accordance with the Privacy Act.
We will only retain your information after you subscription ends consistently with all legal and regulatory requirements and this Privacy Policy.
3. TELEPHONE CALLS
Telephone calls to and from our Customer Contact Centre are recorded for training and security purposes along with the resolution of any queries arising from the service you receive.
4. USE OF COOKIES
We may use cookies as a means of collecting information from a web server for the above purposes following a customer’s use of the Website. If you register with us or if you continue to use the Website you agree to our use of cookies.
Cookies contain information that is transferred to your computer’s hard drive. They help us to improve the Website and to deliver a better and more personalised service. Some of the cookies we use are essential for the Website to operate.
We may use third parties to place advertisements on the Website. These companies may employ cookies and action tags (also known as single-pixel gifs or web beacons) to measure advertising effectiveness. We ensure that any third parties placing advertisements on our Website are only those who keep any information collected via cookies and action tags completely anonymous.
If you want to delete any cookies already stored on your computer or stop the cookies that keep track of your browsing patterns on the Website you can do so by deleting your existing cookies and/or altering your browser’s privacy settings to block cookies (the process you follow will differ from browser to browser). If you would like more information on how to do this please visit http://www.allaboutcookies.org/. Please note that deleting our cookies or disabling our future cookies means that you may not be able to access certain areas or features of the Website.
5. INTERNET-BASED TRANSFERS
Given that the Internet is a global environment, using the Internet to collect and process personal data necessarily involves the transmission of data on an international basis. Some of the data processors engaged to process personal data may be based outside of Australia.
Such a transfer of data does not take place unless we reasonably believe that the recipient of personal information outside Australia is subject to principles of fair handling that are substantially similar to the Australian Privacy Principles or stronger; or the transfer is necessary for the performance of a contract between you and us, or for the implementation of pre-contractual measures taken in response to a request by you; or the transfer is necessary for the conclusion or performance of a contract concluded in your interest between us and a third party; or all of the following apply:
- a. the transfer is for your benefit;
- b. it is impracticable to obtain your consent to the transfer; and
- c. if it were practicable to obtain such consent, you would be likely to give it; or –we have taken reasonable steps to ensure that the information which it has transferred will not be held, used or disclosed by the recipient of the information inconsistently with the Australian Privacy Principles.
Information posted on bulletin boards or communicated within a social media environment (e.g, Facebook, Twitter, Instagram, Reddit, WhatsApp and general chat rooms) and any chat room spaces on the Website (if provided) becomes public information, including within private direct messaging. We cannot guarantee the security of this type of disclosed information.
We take very seriously the responsibility to exclude minors (persons under the age of 18) from access to our Services. We will not accept their information for the purposes of opening any account (subject to regulatory approval). It is, however, ultimately the responsibility of parents or guardians to monitor their children’s Internet activities, including where appropriate by using Internet screening software such as Cyber Patrol or Net Nanny.
We strongly recommend that you always log out of any Tough Times Foundation account (subject to regulatory approval) when you have completed your time on the Website. This is particularly important if you share a computer or mobile device with another person. You acknowledge that you are responsible for the security of and access to your own computer, mobile device or any other device used to access the Website.
You further acknowledge that ultimately you are solely responsible for maintaining the secrecy of your username, password and any relevant account information. Please be careful whenever using our Website and when using the Internet generally.
6. DIRECT MARKETING AND OTHER DIRECT COMMUNICATIONS
On occasion, we may use and disclose your personal information to inform you about our products or Services, or about promotional Tough times Foundation offerings or activities, which we believe may be of interest or of benefit to you. We may do this via email, SMS, telephone, mail or notification on your mobile device if you have provided consent for us to do so.
If you have indicated your consent to receive such direct marketing (such as selecting this option on sign-up or by otherwise just providing us with your personal details) (“opt-in”), you may withdraw this consent at any time by accessing the “settings” options in your account (subject to regulatory approval).
Alternatively, you may contact us directly using the contact details provided on the “Contact Us” page on the Website. You may also follow the “opt-out” prompts displayed on commercial electronic messages from us.
We may also contact you in relation to the opening, service, management and administration of your Tough Times Foundation account (subject to regulatory approval). These communications can be via any of the modes of contact recorded when you signed up, or when you otherwise update your contact preferences, or which we otherwise collect for the purposes of opening and maintaining your account (subject to regulatory approval). Such communication is separate from any and all marketing communications and is not affected by your “opt-in” or “opt-out” status for direct marketing communications.
7. MANAGEMENT AND SECURITY OF PERSONAL INFORMATION
We will take all reasonable steps to ensure that your information is kept secure and protected at all times. We will take all reasonable steps to ensure that the personal information, which we collect, use or disclose, is correct and is stored in a secure environment that is accessed only by authorised persons.
We hold personal information in an electronic database owned and operated by us. Our database is subject to strict standards of maintenance. Once we receive your transmission, we will take reasonable steps to protect your personal information from misuse, loss and unauthorised access, modification and disclosure including by using password protected systems.
We will destroy or permanently de-identify the personal information we hold when it is no longer required for any purpose permitted under the APPs, including our legal or operational obligations.
8. ACCESS TO INFORMATION
We will take all reasonable steps to ensure that personal information we collect is accurate, complete and up-to-date. You are entitled to access and correct the information held about you. This can be done by email or otherwise by contacting us using the contact details provided on the “Contact Us” page on the Website or App (by email at info@toughtimes.com.au or by our support line at 1800 953 050.
9. CHANGES TO OUR PRIVACY POLICY
In using the Website you agree to be bound by the terms of this Privacy Policy. We may review, change or update this Privacy Policy periodically and we reserve the right to change the Privacy Policy at any time at our discretion by posting such changes on the Website.
This Privacy Policy is specifically designed to evolve to follow any legislative and other legal or policy changes, which may impact our collection and management of your information under this Privacy Policy. We will publish our current Privacy Policy on the Website and any changes will take effect immediately at the time of publication. Your continued use of the Website following publication will constitute your acceptance of those changes. You should review this Privacy Policy regularly and remain familiar with its terms.
10. DISCLAIMER
To the extent that this Privacy Policy exceeds the minimum obligations of Tough Times Foundation under Commonwealth and State legislation, this Privacy Policy serves as a documentation of our voluntarily self-imposed standards. While we are determined to meet those standards as best we can, to the extent permitted by law, Tough Times Foundation is not liable if it does not adhere to any of these voluntarily self-imposed standards for any loss, liability, costs, expense or damage arising as a result of Tough Times Foundation failing to meet any of the voluntarily self-imposed standards in this Privacy Policy.
11. CONTACT DETAILS
If you have any queries, requests for access or correction, or complaints relating to the handling of your personal information which has not been or you feel cannot be appropriately handled by Customer Service, please contact our Privacy Officer, whose details are as follows:
Tough Times Lottery
Ground Floor, 470 St Kilda Road,
Melbourne, VIC 3004
Tel: 1800 953 050
Email: info@toughtimes.com.au
Further information about privacy concerns or complaints in Australia may be found on the Office of the Australian Privacy Commissioner's (OAIC) website at www.oaic.gov.au.
Version: 1.0
Effective date: 31 August 2023
