Effective May 2020
OPEN SPARKZ PTY LIMITED ACN 613 077 660 and its related bodies corporate (“Open Sparkz”, “we”, “our” and “us”) (Level 4, 11 York Street Sydney NSW 2000)respects individual privacy and the rights of individuals to control their personal information. We are committed to protecting your personal information. This Privacy Policy sets out our policies and practices regarding the collection, use and disclosure of personal information that you provide to us and which we collect from you. By accessing or otherwise using the, Open Sparkz website at https://opensparkz.tech/ (the “Website”), the Open Sparkz application used to administer card linked rewards programs (the “Platform”), contacting us by email, telephone or using applications or websites owned or controlled by us, all products, software, data feeds, plugins, mobile applications and other applications and services provided from time to time on, from or through the Website (together, the “Service”), or engaging with us in any other way, you agree to the terms and conditions set out in this Privacy Policy and consent to the processing of your personal information in accordance with this Privacy Policy and any other arrangements that apply between us. You may withdraw your consent any time by contacting us at info@opensparkz.tech or at Level 4, 11 York Street Sydney NSW 2000. If you withdraw your consent, you must stop using the Services and you will not be permitted to participate in any Program. Open Sparkz is the controller of your personal information.
Types of personal information we collect and hold
“Personal information” is information or an opinion about you or which is reasonably identifiable as you, whether or not the information or opinion is true and whether or not the information is recorded in a material form.
“Cardholder” means any person that has registered their scheme branded prepaid reloadable, credit, debit, charge, purchase or other valid payment card issued by an Australian bank or financial institution (including any electronic derivation) to participate in a card-linked rewards program administered through the Platform (“Program”) and is enrolled to participate in the Program.
The types of personal information that we may collect includes:
- name, address, email address, telephone number and other contact details;
- age and gender;
- records of our interactions with you;
- your computer and connection information, statistics on page views, traffic to and from the Website and other standard web log information;
- the details of each transaction conducted by a Cardholder that is transmitted and/or processed through the Platform, for the purpose of a Program, including:
- the primary account number of a cardholder’s account (or subset thereof);
- the unique user identification number, location ID,
- the purchase amount; and
- the date and time of the transaction.
- any other personal information that may be required in order to facilitate your dealings with us;
- any other personal information you may volunteer.
We may collect personal information about:
- individuals;
- contractors and suppliers;
- third parties seeking or using our Services;
- other people who come into contact with us in the ordinary course of business; and
- applicants applying for a job or position with us: we may collect certain information from you (including your name, contact details, working history and relevant records checks) from any recruitment consultant, your previous employers and others who may be able to provide information to us to assist in our decision whether or not to make you an offer of employment or engage you under a contract. This Privacy Policy does not apply to acts and practices in relation to employee records of our current and former employees, which are exempt from the Privacy Act.
How we collect and hold personal information
In general, we do not collect your personal information, unless you provide it to us voluntarily and knowingly during your dealings with us, including by way of:
- when you voluntarily use the Services;
- when you participate in a Program;
- personal contact with us at a face-to-face meeting or situation;
- correspondence, chats, social applications or services, mail, email or telephone;
- when you invest in our business or enquire about a potential acquisition of our business.
In some cases, we collect personal information from third parties including from merchants when Cardholders participate in a Program, public sources, our related companies and our service providers. We may hold your personal information in hard copy files and/or electronic files.
We may hold your personal information in hard copy files and/or electronic files.
Security
We are PCI DSS compliant and we take reasonable steps to ensure that all personal information that we collect is kept secure in accordance with industry standard physical, electronic and managerial procedures. All of our staff are trained to comply with this Privacy Policy. In respect of personal information collected online or stored electronically (including in the cloud) in particular, you acknowledge that no security system is impenetrable and that the security of such networks and systems can never be guaranteed. We also cannot guarantee that the information you supply will not be intercepted while being transmitted over the internet. Accordingly, any personal information which is transmitted to us is transmitted at your own risk.
Why we collect, hold, use and disclose your personal information
We will use and disclose your personal information only for the purpose (the “primary purpose”) for which you provide it to us, which may include:
- to provide you with any services that you may request including enabling you to access and use the Platform and the Services from time to time;
- to respond to any query or complaint that you may make or otherwise provide customer support;
- for internal administration and operational purposes such as preventing fraud and abuse of our systems and to troubleshoot bugs;
- to operate, protect, improve and optimise the Platform, the Services and our business such as to perform analytics, conduct research, evaluation and development and quality control purposes and for advertising and marketing;
- for all purposes relating to offering and administering a Program;
- to consider your employment or contractual engagement application.
Who we disclose your personal information to
We may disclose your personal information to:
- if we have collected your personal information as the result of your participation in a Program; to third parties who engage us or use the Platform for offering and administering a Program, such as the Program owner
- third party contractors engaged to perform functions or provide services relating to the purposes for which we collect personal information. If this is the case, we will take reasonable steps to ensure that they comply with this Privacy Policy;
- third party service providers or affiliates within or outside of Australia who work on behalf of or with us to provide some of our administrative and other services, such as processing payments (such as credit card payments). We require such service providers to agree not to use such information except as necessary to provide the services to us;
- professional advisers, dealers and agents;
- any party to whom our assets or business may be transferred or with whom we are merged;
- enforcement or regulatory authorities, within and outside of Australia, if required by law.
Cookies
While we do not use browsing information to identify you personally, we may use cookies, web beacons, and other tracking technologies to collect certain information about your use of the Services such as the pages you visit, the date and time of your visit, your IP address and your interaction with the website. A cookie is a small file containing a string of characters that is sent to your computer or mobile device when you visit a website. When you visit the website again, the cookie allows that site to recognise your browser. Cookies may store unique identifiers, user preferences and other information. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some website features or services may not function properly without cookies.
Secondary purpose
We will not use or disclose your personal information for any secondary purpose, unless you consent to that use or disclosure; or you would reasonably expect the use or disclosure in the circumstances, and that secondary purpose is related to the primary purpose for which we have collected that information. Except as set out in this Privacy Policy (or as required for by any statutory or legal requirements), we do not share, sell, rent or otherwise disclose your personal information to third parties.
Managing your personal information
We will take reasonable steps to ensure that any personal information we collect is up-to-date, complete and accurate, and any personal information that we use or disclose is up-to-date, complete, accurate and relevant.
You may contact us at info@opensparkz.tech or at Level 4, 11 York Street Sydney NSW 2000. to seek any of the following:
- Access: You can ask us for a copy of your personal information.
- Change or correct information: You can also ask us to correct or update your personal information.
- Delete your personal information: You can ask us to erase or delete all or some of your personal information (e.g. if you withdraw your consent, or it is no longer necessary to provide the Services to you).
- Object to, or limit or restrict, use of personal information: You can ask us to stop using all or some of your personal information (e.g., if we have no legal right to keep using it) or to limit our use of it (e.g. if your personal information is inaccurate or unlawfully held).
Sometimes we may not be able to provide you with access to some or all of your personal information. If this is the case, we will tell you why. We may need to verify your identity when you request access to your personal information. We use a third party autoresponder to manage our subscriber lists. You can update your details for the mailing to which you have subscribed via the link on any emails that we send to you, or by contacting us.
Complaints about a privacy breach
If you believe that we have breached this Privacy Policy, you may direct your complaint to us info@opensparkz.tech or at Level 4, 11 York Street Sydney NSW 2000. Please include your name, email and/or telephone number. We will review your complaint and liaise with you directly to resolve your complaint within a reasonable time.
Overseas disclosures
Your personal information may be stored on servers based overseas, including in Singapore. We may share your personal information with third parties (such as service providers) who are based outside Australia. These parties are contractually required to comply with this Privacy Policy or are otherwise required to comply with privacy obligations no less onerous than those in this Privacy Policy. Except as may be set out elsewhere in this Privacy Policy, we do not otherwise disclose your personal information outside of Australia.
Changes to our Privacy Policy
Any changes to this Privacy Policy will be posted onto the website. Unless stated otherwise, changes will be effective immediately upon being placed onto the website. Your continued use of the Services following such amendments being placed on the website will represent an agreement by you to be bound by the Privacy Policy as amended.