Introduction
TAK Games Pty Ltd (“TAK Games”) recognise that your personal information is important to you and that you are concerned with its collection, use and disclosure. TAK Games, like other companies operating in Australia, is bound by the National Privacy Principles as set out in the Privacy Act 1988 (Cth) which set clear standards regarding these activities.
This policy contains information about:
- when you can deal with TAK Games anonymously;
- the purposes for which TAK Games collects, holds, uses and discloses personal information;
- the types of personal information that TAK Games collects;
- how TAK Games collects and holds personal information;
- how you may access the personal information that TAK Games holds about you, and how you may seek correction of that personal information; and
- how you may complain about a breach of the Australian Privacy Principles by TAK Games and how TAK Games will deal with such a complaint.
We may also use your personal information for other purposes related to those described above which would be reasonably expected by you.
When can you deal with TAK Games anonymously?
Generally, you can deal with TAK Games anonymously (i.e. without identifying yourself). In certain circumstances however, TAK Games will ask you to provide personal information because it is required by law to do so, or because it would be impracticable to deal with you anonymously.
Why does TAK Games collect, hold, use and disclose personal information?
TAK Games collects, holds, uses and discloses personal information for a number of purposes connected with our business operations, which include:
- providing you with products and/or services requested;
- dealing with requests, enquiries, complaints, consumer guarantee or warranty claims, and other customer care related activities;
- marketing our products and services and providing advice on our products;
- developing and improving our products and services;
- in connection with our loyalty or reward programmes and competitions;
- the operation and administration of accounts or subscriptions that you have with us;
- payment processing;
- carrying out certain checks (for example, for our fraud or theft prevention processes, if you wish to open an account with us, obtain credit from us or pick-up goods in-store that have been ordered online);
- interacting with companies or organisations with whom TAK Games has a business relationship (where you work for, or otherwise represent, such an organisation);
- reconciling payments due to TAK Games from suppliers in relation to goods or services provided to you by those suppliers;
- purposes relating to any third party acquisition or potential acquisition of an interest in TAK Games or its assets;
- carrying out any activity in connection with a legal, governmental or regulatory requirement that we have to comply with, or in connection with legal proceedings, crime or fraud prevention, detection or prosecution
- We may also use and disclose your personal information for other purposes related to those described above which would be reasonably expected by you.Documents (including hard copy documents and electronic documents such as emails) which coincidentally contain personal information will also be retained in accordance with TAK Games’ normal document retention practices for accounting, legal and business purposes.Generally, you have no obligation to provide any personal information requested by us. However, if you choose not to do so where we require this information, we are unlikely to be able to provide you with the goods and services that you want.
What personal information does TAK Games collect?
The kinds of personal information we collect or which we may hold about you may include:
- your name;
- your address;
- your date of birth;
- your telephone number(s);
- your e-mail address;
- payment information;
- transaction information;
- your user name and password;
- details about your earnings (if you are buying products using a finance plan);
- information contained on identification documents (such as driving licences) and, in some specific cases, copies of such identification documents, where we require these to verify your identity;
- information on how you use our products and services;
- your Internet Protocol (“IP”) address, server address, domain name and information on your browsing activity when visiting one of our websites;
- your user name for social networking sites that you use, to refer to, or in conjunction with, our goods and services; and
- personal preferences regarding products and services.
How does TAK Games collect and hold your personal information?
We collect personal information in a number of ways including:
- when you order goods or services from us (either online, in-store or over the telephone);
- when you set up an account with us;
- when you purchase certain products or extended warranties from us;
- when you pay for goods by cheque;
- when you subscribe to Game Cache or another TAK Games subscription service;
- when you enter competitions or promotions that we run;
- when you provide us your details for customer care purposes;
- when you browse one of our websites (further information is set out later in this Privacy Policy);
- when you submit an enquiry using one of our websites;
- when you complete surveys or provide online feedback or product reviews; and
- when you publicly comment about us on social media sites (for example so that we can answer questions about our products).
Generally, TAK Games will collect your personal information directly from you. However, TAK Games also holds information, collected incidentally, concerning individuals who work for companies or organisations that have a business relationship with TAK Games. Additionally, if you apply for a job with TAK Games, we may collect personal information about you from any third parties that you nominate as your referees in your application.
TAK Games holds personal information in a number of ways, including:
- as part of customer records and other electronic documents on which personal information is contained which are stored on our information technology systems and servers operated by third parties who provide services to us in connection with our business; and
- by securely storing hard copy documents on which personal information is contained, at our various premises and using third party document management and archiving services.
Marketing
When you create an account with us your details will be added to our marketing database to receive information relating to TAK Games and our products. You may also choose to receive such information by subscribing to our marketing database via one of our websites.
To opt-out of receiving TAK Games marketing materials, you will need to unsubscribe from our marketing database. To do this, simply select the “unsubscribe” option in one of the emails that you receive from us. Please note that if you have an account with TAK Games, we may still need to send you essential information about your account.
Sharing your personal information
TAK Games may disclose or receive personal information or documents about you to / from:
- organisations that provide services to us in connection with our business, including customer support, payment processing, administration, archival, data storage, hosting, research, mail and delivery, installation, distribution, logistics, marketing, auditing, share registry, consulting, financial and legal advisory, banking, debt collection, and security or technical services. In some cases these service providers may collect your personal information on our behalf;
- law enforcement agencies to assist in the prevention, investigation and prosecution of criminal activities;
- parties involved in any third party acquisition or potential acquisition of an interest in TAK Games or its assets;
- our insurers and insurance brokers; and
- to other third parties where you have specifically consented to the disclosure of information to these third parties.
Disclosure of personal information to overseas recipients
TAK Games is likely to disclose the personal information that it collects and holds about you to third parties who are not in Australia (such as third parties who are located in the United States of America).
How we deal with your personal information if you apply for a job with us
If you apply for a job with us, you may be required to provide us with certain personal information, including your name, employment and educational background, and other personal information which we may require you to provide, or which you choose to provide us, in relation to your job application.
We will hold, use and disclose that information solely for the purpose of considering your application. In particular, in considering your application, it may be necessary for us to disclose some of that information to third parties to verify the accuracy of that information. In such circumstances, we will disclose only such information as is necessary in the circumstances.
In considering your application, we may also collect personal information about you from any third parties that you nominate as your referees in your application.
Security of your personal information
We will take reasonable steps to ensure that the personal information that we hold is stored in a secure environment protected from misuse, interference and loss and any unauthorised access, modification or disclosure.
How to access, correct and update your personal information
Upon your request, TAK Games will provide access to your personal information that we hold (except in certain circumstances set out in the Privacy Act 1988 (Cth)). TAK Games reserves the right to charge you an administration fee of $50 for providing access to your personal information and will, of course, require some proof of your identify before providing information to you.
You may also request us to correct the personal information that TAK Games holds about you. If you do so and we are satisfied that, having regard to a purpose for which the information is held, the information is inaccurate, out-of-date, incomplete, irrelevant or misleading, TAK Games will take such steps as are reasonable in the circumstances to correct your personal information to ensure that, having regarding to the purpose for which it is held, the information is accurate, up-to-date, complete, relevant and not misleading.
To request access to the personal information that TAK Games holds about you, or to update or correct that personal information, please send a written request to The Privacy Officer, TAK Games Pty Ltd, either by email to privacy@tak-games.com.au or by pre-paid post to 16 Dibbil St, Chermside West Qld 4032.
In addition:
- if you are a subscriber to our marketing database you can also update your details via the “modify your subscription” option in one of the emails that you receive from us;
How to make a complaint
If you are concerned that the way TAK Games collects, holds, uses or discloses your personal information may be in breach of the Australian Privacy Principles, please send written details of your complaint to The Privacy Officer, TAK Games Pty Ltd, either by email to privacy@tak-games.com.au or by pre-paid post to 16 Dibbil St, Chermside West Qld 4032.
How TAK Games will handle complaints
After receiving a complaint, we will consider whether we need any further information from you to properly consider and investigate the complaint, and may request such information from you. We will then:
- conduct internal discussions with the relevant business units involved in the collection, holding, use or disclosure of your personal information which is the subject of your complaint, and evaluate whether we believe that such collection, holding, use or disclosure of your personal information was in breach of the Australian Privacy Principles; and
- notify you of the results of our investigation of your complaint.
If the conclusion of our investigation is that our collection, holding, use or disclosure of your personal information was in breach of the Australian Privacy Principles, we will take steps to remedy the breach as soon as reasonably practicable.
We will endeavour to notify you of the results of our investigation of your complaint within 30 days of receiving your complaint. However, if your complaint involves complex matters or requires extensive investigation and consultation, it may not be possible to respond within this timeframe.
If you are not satisfied with our response to your complaint you are entitled under the Privacy Act 1988 (Cth) to make a complaint to the Office of the Australian Information Commissioner. Information about how to make a complaint is available from the Office of the Australian Information Commissioner’s website (www.oaic.gov.au).
Additional information for users of our websites
If you visit www.tak-games.com.au, www.game-cache.com.au, or any other TAK Games websites (the “Websites”) to read, browse or download information, our system may record information such as the date and time of your visit to the Website, the pages accessed and any information downloaded. This information is used (i) for statistical and reporting purposes; (ii) for website administration, security and maintenance purposes; and (iii) to direct you to material on our Websites that we believe will be of interest to you.
While we take great care to protect your personal information on our Website and use state-of-the-art data transmission encryption, unfortunately no data transmission over the Internet can be guaranteed to be 100% secure. Accordingly, we cannot ensure or warrant the security of any information that you send to us or receive from us online. This is particularly true for information you send to us via email. We have no way of protecting that information until it reaches us. Once we receive your transmission, we use our best efforts to ensure its security in our possession.
The Websites may contain links/ plug-ins to other sites. We are not responsible for content of, or the privacy practices or policies of, those sites.
Exemptions
TAK Games sometimes handles personal information relying on exemptions under the Privacy Act 1988 (Cth), for example in relation to (i) employee records; (ii) related bodies corporate; (iii) provision of services to State or Territory authorities; and (iv) operations outside Australia relating to personal information of non-Australians.
Any permitted handling of personal information under such exemptions will take priority over this Privacy Policy to the extent of any inconsistency.
Privacy Queries
If you have any queries or concerns, further information can be obtained by contacting our Privacy Officer by email privacy@tak-games.com.au or by post to The Privacy Officer, TAK Games Pty Ltd, 16 Dibbil St, Chermside West QLD 4032.
TAK Games Pty Ltd ACN 601 950 136
Version 1 – Date of Publication 29 October 2014