INTRODUCTION

Greenhouse IT Pty Ltd (ABN 29 147 379 860) (“we”, “our”, “Greenhouse IT” or “us”) owns and provides access to the Audata software and associated applications (the “App”) and the websites commencing with the domains getaudata.com or audata.io (the “Website”).

The purpose of this Privacy Statement is to outline how we receive, store, disclose and otherwise handle Personal Information (defined below) during the course of providing the Services (defined below).

We take the protection of Personal Information seriously and comply with the Privacy Act (defined below) as a matter of best practice.

In the event of any inconsistency, this Privacy Statement overrides the general privacy policy for our Website.

DEFINITIONS

The following definitions are used throughout this Privacy Statement:

a. “Personal Information” means information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether the information or opinion is recorded in a material form or not, and includes Sensitive Information.
b. “Privacy Act” means the Privacy Act 1988 (Cth) as amended by the Privacy Amendment Act 2000 (Cth) and the Privacy Amendment (Enhancing Privacy Protection) Act 2012 (Cth).
c. “Broadcaster” means the entity who has contracted with us under a Master Subscription Agreement or similar agreement for the provision of the Services.
d. “Prize Winner” means a person who has been offered a prize by the Broadcaster.
e. “Promotion” means a promotion hosted by the Broadcaster.
f. “Sensitive Information” has the meaning in the Privacy Act and includes information such as a person’s 
race, health, religious beliefs or criminal convictions.
g. Our “Services” are what we provide when we operate and provide access to the App and/ or Website.

1. About the App

The App assists Broadcasters to carry out meaningful and impactful Promotions. We connect Broadcasters to their Prize Winners using a process which generally proceeds as follows:

a. The Broadcaster asks the Prize Winner to supply the Prize Winner’s mobile phone number;
b. The Broadcast inputs the Prize Winner’s mobile phone number into the App;
c. The App sends a message to the Prize Winner which contains a hyperlink;
d. The hyperlink opens a website in the browser of the Prize Winner’s mobile device containing a form to 
be completed by the Prize Winner (“Prize Claim Form”); and
e. The details of the Prize Claim Form, once completed, are forwarded from the App to the Broadcaster.

In order for us to provide the Services, we must handle the Personal Information of the Prize Winners to some degree. We are not responsible for the Broadcaster’s handling of the Personal Information contained within the Prize Claim Form once the Prize Claim Form has been remitted to the Broadcaster, or of any other Personal Information the Broadcaster receives at any other time. Such handling shall be expressly governed by the privacy policies and practices of the relevant Broadcaster.

2. Supply of Personal Information

Before supplying us with the Prize Winner’s name and mobile phone number, and any other Personal Information, it is the Broadcaster’s responsibility to ensure that there are no restrictions on doing so (whether under contract or under the Privacy Act or other legislation).

It is the Prize Winner’s responsibility to ensure there are no restrictions on the Prize Winner disclosing any Personal Information in the Prize Claim Form.

We are not responsible for any mistake or negligence or other conduct on the part of the Broadcaster or Prize Winner where it supplies Personal information which it is not entitled to supply, but we will take reasonable steps to destroy or de-identify any such wrongfully supplied Personal Information within a reasonable time after the Broadcaster or Prize Winner (as applicable) gives us notice.

3. Types of Personal Information we collect

We collect the Personal Information which the Broadcaster requests us to, via the Prize Claim Form. The Prize Claim Form may be customised by the individual Broadcaster to suit the particular Promotion and the needs of the Broadcaster.
Most Prize Claim Forms will request the following basic information about the Prize Winner:

a. Name
b. Age
c. Date of birth
d. Residential address
e. Gender
f. Title/ marital status
g. Email address; and
h. Mobile phone number.

Typically, a Broadcaster will require the Prize Winner to disclose the following kinds of additional information:

a. Bank account details (where the Prize Winner is to receive a cash prize) including account name, BSB and account number (“Bank Account Information”)
b. Information about the Prize Winner’s hobbies, interests and entertainment preferences (such as the kinds of purchases the Prize Winner makes with their discretionary income, whether the Prize Winner prefers to be seated or standing at an entertainment event, and so on); and
c. Information about the kinds of Promotions the Prize Winner is interested in.

Each Broadcaster and each Promotion is different, so the above lists are not exhaustive.

A Broadcaster may request us to collect “sensitive information” (which is defined in the Privacy Act and includes information such as a person’s race, health, religious beliefs or criminal convictions). Where we collect Sensitive Information, we do so because it is reasonably necessary for us to provide the Services to the Broadcaster (because we cannot send the Broadcaster a completed Prize Claim Form unless the Prize Winner has provided answers to the questions contained therein). We ask that all Broadcasters exercise their discretion and respect the privacy of individuals when determining the questions to be included in the Prize Claim Form, but we note that we do not review or amend the questions contained in a Prize Claim Form, or otherwise assess the Prize Claim Forms for compliance with the Privacy Act. It is the Broadcaster’s responsibility at all times to ensure that they are compliant with the Privacy Act as it applies to the Broadcaster.

Where we collect Bank Account Information, we do so via an SSL connection.

In addition to information solicited by the Broadcaster, we may also collect non-personal statistical information, such as analytics and cookies data, IP addresses and the specifications and settings of the Prize Winner’s devices (such as preferred language).

4. Storage, access to and disclosure of Personal Information

We store Personal Information collected for record-keeping and back-up purposes. The Broadcaster has access to all Personal Information collected on its behalf via the App and we do not exercise any control over a Broadcaster’s access to Personal Information whatsoever. A Broadcaster’s access to the Personal Information we collect terminates at the same time as does their agreement with us for the provision of the Services. However, we cannot guarantee that a Broadcaster will not make copies of the Personal Information prior to the termination of our Services.

All Personal Information is stored on by servers hosted by Amazon and located in Sydney. The Personal Information, when accessed by us and the Broadcasters, is accessed through cloud computing. We do not control any physical servers.

We do retain the means of accessing the Personal Information once collected via our App and transmitted back to the Broadcaster via the completed Prize Claim Form. Our employees, sub-contractors or other persons who are assisting us to carry out the Services (our “Personnel”) generally do not access this Personal Information. The only situations where our Personnel access or view or otherwise manually handle that Personal Information is where it is reasonably necessary for the performance of maintenance or repairs on the App or other support services to Broadcasters or other parties with whom we have contracted for the provision of the Services (“Technical Support”). Our employees are covered by strict internal organisation policies regarding their treatment of Personal Information collected via the App.

In addition to the foregoing, Personal Information may be used or disclosed by us for any of the Permitted General Situations outlined in the Privacy Act, including but not limited to use or disclosure for evidentiary purposes in establishing or defending a legal or equitable claim, serious threats to public health or safety, or assistance in locating missing persons. We may also be compelled by operation of law to disclose any Personal Information, including a person’s identity and contact details.

5. Anonymity and pseudonymity

We recommend that Broadcasters provide Prize Winners with the option of completing the Prize Claim Form anonymously or pseudonymously, unless it is impracticable for the Broadcaster to do so. An example of such impracticality may be where the bank account name must match to the name of the Prize Winner for the processing of a cash prize.

6. Our provision of Services

In providing Services to a Broadcaster, we agree that we will:

a. Not directly or indirectly use, disclose, alter or otherwise handle any Personal Information which we collect or access from the Broadcaster except for the purpose of supplying Services to the Broadcaster or for providing Technical Support (the “Intended Purpose”).
b. Not disclose any Personal Information which we receive from the Broadcaster to any third party other than our Personnel, without obtaining the Broadcaster’s prior written consent, a condition of which may be that the person to whom disclosure is proposed to be made agrees to be bound by the provisions of this clause;
c. Take all reasonable steps (including maintaining appropriate operational and technological processes and procedures) to ensure that the Personal Information is protected against misuse, interference, loss, and unauthorised access, modification and/or disclosure; and
d. Ensure that only persons that need access to the Personal Information to complete the Services or provide Technical Support have access.

5. Access and corrections to Personal Information

It is the Broadcaster’s responsibility to ensure that where the Broadcaster supplies us with Personal Information, such Personal Information is accurate and up to date. It is the Prize Winner’s responsibility to ensure their information is similarly accurate and up-to-date where they provide it to us. If the Broadcaster or Prize Winner believes that any Personal Information held by us is inaccurate, incomplete, out of date or misleading, the Broadcaster or Prize Winner may notify us and we will correct the information.

A Prize Winner may request that we provide them with a copy of the Personal Information we hold. The Prize Winner does not need a reason for making such a request, however we do reserve the right to charge the Prize Winner for reasonable expenses that we incur in preparing and sending the Prize Winner copies of that information.

We reserve the right to refuse access to any individual’s Personal Information where the request would have an unreasonable impact on the privacy of others, the information is commercially sensitive, giving access would be unlawful or the request is frivolous or vexatious.

We will endeavour to respond to all requests relating to this section within a reasonable time after the request is made.

6. Security

We are committed to maintaining the security of Personal Information we receive.

We will use best commercial endeavours to keep Personal Information secure including by restricting access to Personal Information to the minimum Personnel necessary to provide the Services and/or Technical Support.

We will promptly notify the Broadcaster if we become aware of:

a. Any accidental or unauthorised access to any Personal Information, or any other disclosure of Personal Information supplied by the Broadcaster not for the Intended Purpose;
b. Any loss of any Personal Information supplied by the Broadcaster; and
c. Any breaches of our security and/or network, which involves any Personal Information supplied by the 
Broadcaster.

We may retain and use de-identified information or statistical data collected, including after the Services have been supplied to the Broadcaster.

We will take reasonable steps to destroy or permanently de-identify Personal Information solicited by the Broadcaster after the termination of our Services by the relevant Broadcaster.

7. Direct Marketing

We do not directly market to Prize Winners. We are not responsible for any contact the Broadcaster may make with the Prize Winner using the mobile phone number or any other contact information supplied by the Prize Winner.

8. Transfer in Certain Circumstances

If there is a sale, merger, consolidation, change in control, transfer of substantial assets, reorganisation or liquidation of us, then we may transfer, sell or assign Personal Information collected from the Broadcaster to one or more relevant third parties but will seek the Broadcaster’s prior written approval first.

9. Questions and Complaints

Any questions about this Privacy Statement, requests for access or correction, and complaints, may be directed to the contact details below.

10. Our Contact Details

Please email us at privacy@audata.io for any queries regarding this Privacy Statement.
For further information on online privacy rights, please contact the Office of the Australian Information Commission at www.oaic.gov.au.