- In this policy, the terms, “Boomerang Worldwide” "we", "us" and "our" means Boomerang Worldwide Pty Ltd (ABN 65 641 648 491) and its subsidiaries. Please read this policy carefully as it explains the way in which we manage and handle personal information, including information collected through this website (the Website). We will handle your personal information in accordance with the applicable privacy principles in Australian, including the Australian Privacy Principles set out in the Privacy Act 1988 (Cth).
- We may revise this policy from time to time. We will display a notice on the Website indicating when any such revisions have been made.
- This policy should be read together with our Website Terms and Conditions, as well as all other terms and statements on our website.
- At Boomerang Worldwide, we take the protection of privacy seriously, including information about minors. We operate our websites and market our products and services in compliance with all applicable Australian laws.
- Children under the age of 15 should have the consent of their parent or guardian before providing any personal information to us. If we determine that a person providing us with personal information is under the age of 15, we will not use or maintain his or her personal information without the consent of a parent or guardian.
- Please be aware that any information that is voluntarily given by a minor on our websites or through our social media channels may in some circumstances be accessed by other parties to generate unsolicited emails or other contacts. We encourage all parents to instruct their children in the safe and responsible use of the internet.
- Who does this policy apply to and what personal information does Boomerang Worldwide collect and hold?
2.1 Collection of personal information by Boomerang Worldwide
- This policy applies to all people who deal with Boomerang Worldwide. This includes customers and consumers of our products, individuals who participate in a game, promotion, survey or other feature conducted or operated by us, and individuals who use our websites.
- We may also provide commercial credit to individuals and the Credit Reporting section of this policy applies in that instance.
- The Website provides the platform through which we can efficiently, conveniently and directly connect with the persons listed above in order to perform our various functions and activities.
- To carry out such activities we collect a range of personal information, including the following:
- name, date of birth and other identification details;
- contact details;
- financial information (such as credit card or bank account numbers);
- information about how you use our products and services;
- the personal information specified in the game, promotion, survey or other feature you are participating in; and
- We do not collect any sensitive information about individuals unless we are authorised or required by law to do so, or you have consented to us collecting that information from you for a particular purpose. If you have provided us with sensitive information for a particular purpose, we will only use it for that purpose. In particular, we will not use your sensitive information for direct marketing, unless you have previously agreed to this.
- You do not have to provide us with your personal or sensitive information. However, if you do not provide us with the personal information we request, we may not be able to provide you with the products, services or other assistance or participation you require.
- You also have the option of dealing with us anonymously or with a pseudonym. However, this only applies where it is practical for us to deal with you acting anonymously or under a pseudonym (for example, a general enquiry).
- To improve the content of our websites and e-mail to enhance your experience on our websites, and to tailor the websites to individual users;
- To customise our products and services according to the interests of individual users;
- To regulate advertising so that members are not repeatedly shown the same ads, and to make adjustments so that members view ads likely to be of interest to them.
- To statistically analyse, compile and publish information. No personal information will be included in the end result of this process.
- How do we collect and hold personal information?
- Generally, we endeavour to collect personal information directly from the individuals concerned where it is practical for us to do so. However, if this is not practicable, we may also collect personal information from third parties such as our related companies, credit reporting agencies, marketing and PR agencies or your representatives. We may also collect personal information by other means such as through our websites, social media sites or other publicly available sources of information.
- Sometimes we may also ask you to give us personal information about other people, such as your family or an authorised representative. If you provide us with this personal information, we rely on you to tell those people that you are giving their personal information to us and to provide them with a copy of this policy.
- We take reasonable steps to ensure the security of your personal information and have put in place reasonable security measures to prevent loss, misuse, or unauthorised access and alterations to personal information under our control. Our employees and service providers are required to maintain the confidentiality of any personal information we hold.
- Unfortunately, we cannot and do not guarantee that unauthorised access to your personal information will not occur.
- It is important for you to protect against unauthorised access to your password and to your computer. Be sure to sign off when you finish using a shared computer.
- If we no longer require your personal information, we will take reasonable steps to destroy or alter that information so that it no longer identifies you. Any data destroyed is disposed of in an appropriate manner that protects the privacy of your information.
- Why do we collect, hold, use and disclose personal information?
- We collect your personal information so that we can perform our various functions and activities.
- We may also collect, use, store and disclose your personal information in order to:
- verify your identify;
- enable you to participate in promotions and other activities;
- provide you with products or services that you have requested and to provide you with any other benefits you may subsequently be entitled to in relation to these products and services;
- manage and administer a product or service, including charging, billing and collecting debts;
- conduct checks for creditworthiness or fraud;
- provide you with news and information in relation to Boomerang Worldwide and our products and services;
- develop and improve products and services;
- promote and market to you products, services and special offers made available by us or our related companies, licensees and suppliers;
- maintain and develop our business systems and infrastructure, including testing and upgrading these systems;
- comply with our legal obligations, including for the purpose of or in connection with legal proceedings or if necessary for establishing, defending or exercising legal rights;
- facilitate other purposes that are notified to you prior to you giving your information to us or that are authorised or required by law;
- provide or facilitate related purposes to those set out above, where you would reasonably expect us to use or disclose information for that purpose;
- tell you about other products or services that may be of interest to you;
- consider any concerns or complaints you raise with Boomerang Worldwide; and
- comply with our legal obligations.
- If you wish to opt out of the direct marketing communications we send you (including by email), please follow the unsubscribe instructions in the relevant communications, or email us at: email@example.com.
- To give effect to the purposes described above, we may disclose your personal information to the following individuals and entities:
- our professional advisers (such as lawyers and accountants) and service providers (such as marketing and PR agencies);
- organisations that we have engaged to provide services or carry out other functions on our behalf (such as outsourcing contractors, marketing, telemarketing, market researchers, website usage analysts) but only to the extent it is necessary to the services they provide to us;
- credit providers and credit related service providers;
- government and regulatory authorities and other organisations, or as otherwise required by or authorised under the Privacy Act.
- How can you access and correct your information?
- Under the relevant privacy laws, you have the right to:
- seek access to the personal information that we collect and hold; and
- ask us to update or correct your personal information when it is inaccurate, incomplete, or out-of-date.
- If you wish to access the personal information that we hold about you, please set out your request in writing, and send it to: firstname.lastname@example.org. Generally we will not charge you for lodging a request, however please note that in some instances we may charge reasonable fees to cover the administrative cost of retrieving and providing access to your personal information.
- If you seek access to your credit information, we will not require any charge unless you have already made a request in the previous 12 months. If you have made a request in the previous 12 months, we may request a reasonable charge for providing access.
- If you are of the view that personal information we hold about you is inaccurate, or out-of-date, or if you have other queries about accessing and correcting your personal information, please contact us using the contact details noted above.
- Credit Reporting
6.1 Credit Reporting
- We may provide credit as contemplated by the privacy laws to individuals in connection with our products and services (for example, we may provide commercial credit to individuals, and conduct associated credit checks on these individuals). As a result, we may collect credit related information and credit eligibility information about you. For ease of understanding in this policy we refer to this as credit information. This section of the policy sets out how we manage your credit information.
6.2 What credit information do we collect?
- We may collect the following types of credit information about you:
- identification information;
- basic information about your credit account and your credit history (including any missed or late repayments that you have made);
- details of any credit provided to you by other credit providers or details about information request we make about you to other credit reporting bodies;
- any credit rating or credit assessment score that we have derived or that is provided to us by a credit reporting body; and
- details of any credit-related court proceedings or insolvency applications that relate to you.
6.3 How do we collect and hold this credit information?
- Please see paragraph 3 of this policy ‘How do we collect and hold personal information’.
- In addition to the information listed at point 3, we obtain credit information from credit reporting bodies.
6.4 Why do we collect, hold and use Credit Information?
- We may use your credit information in the following ways:
- processing credit-related applications and managing credit that we provide;
- determining a credit assessment score for you to help us decide whether or not to provide credit to you;
- collecting payments that are owed to us in respect of any credit that we have previously provided to you;
- assessing your suitability as guarantor or communicating with a third party who acts as your guarantor;
- participating in the credit reporting system and providing information to other credit reporting bodies;
- dealing with complaints or regulatory matters relating to credit or credit reporting;
- as required or authorised by another law; and
- where you otherwise expressly consent to the use of disclosure.
6.5 Access and correction to credit-related information
- Please refer to paragraph 5 of this policy – ‘How can you access and correct your information?’
- Making a complaint
- If you wish to make a complaint about how we handle your personal information or your credit information, please contact us at email@example.com out your complaint in writing. We will deal with all requests for access to personal information or complaints as quickly as possible and will endeavour to get back to you within a reasonable time frame.
- If you have not received a response in less than 30 days or are not satisfied with our response to your complaint, you may lodge a complaint as follows:
- in Australia with the Office of the Australian Information Commissioner (“OAIC”) via their website at http://www.oaic.gov.au/.
- Additional information and how to contact us
- If you have any questions or comments about this policy, please set it out in writing, and forward it to us using the contact details below.
Australia: +61 2 9159 9831
Last updated 11 May 2021
|Information you give to us or we collect about you.||This is information about you that you give us by filling in forms ("contact" or "distributor" forms) on our website www.hype.com (our "website" or "site") or by corresponding with us in person, by phone, e-mail or otherwise. It also includes information you provide when you register your candidature to work with us ("work with us" form), subscribe to our services, attend our events, participate in social media functions on our site, and when you report a problem with our sites.|
|Information we collect about you when you visit our sites.||Every time you visit our sites we will automatically collect the following information:
|Information we obtain from other sources.||This is information we obtain about you from other sources including but not limited to publicly accessible sources, social media websites, corporate websites, personal recommendations or fairs.
In this case we will inform you, by sending you this privacy notice, within a maximum of 30 days of collecting the data of the fact we hold personal data about you, the source the personal data originates from and whether it came from publicly accessible sources, and for what purpose we intend to retain and process your personal data.
HOW AND WHY WE USE YOUR PERSONAL DATA
Under personal data protection regulations, we can only use your personal data if we have a proper and lawful reason for doing so. Most commonly this will be:
- for the performance of our contract with you or to take steps at your request before entering into a contract;
- to comply with our legal obligations;
- where we have a legitimate interest (or those of a third party) and your interests and fundamental rights do not override those interests; or
- in some circumstances and if legally required, where you have given us your express consent.
Your personal information may be used by us, our employees, service providers and disclosed to third parties for the following purposes. For each of these purposes, we have set out the legal basis on which we use your personal information below.
|Purpose||Legal Basis for the processing of your personal information|
|To carry out our obligations arising from any contracts entered into between you and use and to provide you with the information, products and services requested or we think will be of interest to you because it is relevant to you or your organisation.||The processing is necessary for the performance of our contract with you.|
|To carry out our obligations arising from any contracts we intend to enter into between you and us and to provide you with the information, products and services that you request from us or we think will be of interest to you because it is relevant to your organisation.||The processing is necessary in order for us to take steps prior to entering into a contract with you.|
|To evaluate your application as a potential candidate for permanent, contract, interim and part-time roles.||The processing is necessary in order for us to take steps prior to entering into a contract with you.|
|To provide you with products, services and information requested by you.||The legal basis will fall into one of the following four categories, depending on the communication and the purpose for which it was sent:
|To keep you up to date by telephone and email with information about Hype Energy Drinks (newsletters), and offers and promotions subject to any marketing preferences indicated by you (direct marketing).||We may have a legitimate interest in processing your personal data for direct marketing purposes in order to conduct and manage our business. If so we do not need your consent to send you our promotional communications. Nevertheless, where consent is needed, this processing will be carried out with your consent. Please be assured that we will always treat your personal data with the utmost respect and never sell it to other organisations outside the Hype Energy Drinks group for marketing purposes. If you no longer want to receive our newsletters or any marketing-related emails from us on a going-forward basis, you can opt-out of receiving these emails by emailing at any time: by emailing firstname.lastname@example.org; or using the 'unsubscribe' link in our emails.|
|To manage complaints, feedback and queries.||This processing will be necessary for the performance of our contractual obligations between you and us; and/or our legitimate business interests in order for us to manage our relationship with you and to enable us to improve and develop our business operations and services.|
|To notify you about changers to our sites and to ensure that content from our sites is presented in the most effective manner for you and for your computer.||This processing is necessary for our legitimate business interests in order for us to manage our relationship with you.|
HOW LONG WE WILL KEEP YOUR PERSONAL INFORMATION FOR
We will keep your personal information for as long as necessary for the purposes for which it was collected, to provide you with services and to conduct our legitimate business interests or where otherwise required by law.
If you have applied to our job vacancies as a potential candidate for permanent, contract, interim and part-time roles, we will keep your personal information for no longer than 12 months. After the 12 month´ period, if you are interested in participating in future recruitment processes you will need to send us again your curriculum vitae.
WE MAY DISCLOSE YOUR PERSONAL INFORMATION
We do not sell or trade your personal data, but we may share it with:
- Any member of our group both in the European Economic Area ("EEA") and outside of the EEA.
- Selected third parties including:
- Professional advisors (e.g. external lawyers, tax advisors, payroll providers or other experts and consultants);
- Clients, business partners, suppliers and sub-contractors for the performance and compliance obligations of any contract we enter into with them or you;
- Subcontractors including email marketing specialists, event organisers, payment and other financial service providers.
- analytics and search engine providers that assist us in the improvement and optimisation of our site;
- compliance partners and other sub-contractors for the purpose of assessing your suitability for a role where this is a condition of us entering into a contract with you.
We may also disclose your personal information to other third parties, for example:
- in the event that we sell or buy any business or assets we will disclose your personal information to the prospective seller or buyer of such business or assets;
- if we or substantially all of our assets are acquired by a third party (or are subject to a reorganisation within our group), personal information held by us will be one of the transferred assets; and
- if we are under a duty to disclose or share your personal information in order to comply with any legal obligation, or in order to enforce or apply the agreements concerning you (including agreements between you and us).
The lawful basis for the third-party processing will include:
- their own legitimate business interests in processing your personal data;
- satisfaction of their contractual obligations to us as our data processor;
- for the purpose of a contract in place or in contemplation;
- to fulfil their legal obligations.
Where we transfer your information outside the EEA, we will implement appropriate and suitable safeguards to ensure that such personal information will be protected as required by applicable data protection law. These measures generally include:
- Commercial terms to safeguard the processing of Your Information.
- Technical security standards commensurate the nature of data being processed.
If you wish to prevent cookies and similar files from accessing your hard disk, you can delete and block all cookies from our website by going to the help section of your browser or the user manual. However, note that some parts of our website will not function properly or be available if you refuse to accept a cookie or choose to disable them.
The list below describes the cookies we use on this site and what we use them for. Currently we operate an 'implied consent' policy which means that we assume you are happy with this usage. If you are not happy, then you should either not use this site, or you should delete the cookies having visited the site, or you should browse the site using your browser's anonymous usage setting (called "Incognito" in Chrome, "InPrivate" for Internet Explorer, "Private Browsing" in Firefox and Safari etc.)
- First Party Cookies
These are cookies that are set by this website directly.
- Third Party Cookies
These are cookies set on your machine by external websites whose services are used on this site. Cookies of this type are the sharing buttons across the site allow visitors to share content onto social networks. Some of our pages feature Cookies set by LinkedIn, Facebook, Google+ and Twitter. In order to implement these buttons, and connect them to the relevant social networks and external sites, there are scripts from domains outside of our website. You should be aware that these sites are likely to be collecting information about what you are doing all around the internet, including on this website.
You should check the respective policies of each of these sites to see how exactly they use your information and to find out how to opt out, or delete, such information.
We seek to use reasonable organizational, technical and administrative measures to protect your personal information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us of the problem.
|Right of access to your personal information||You have the right to receive a copy of your personal information that we hold about you, subject to certain exemptions.|
|Right to rectify your personal information||You have the right to ask us to correct your personal information that we hold where it is incorrect or incomplete.|
|Right to erasure of your personal information||You have the right to ask that your personal information be deleted in certain circumstances. For example (i) where your personal information is no longer necessary in relation to the purposes for which they were collected or otherwise used; (ii) if you withdraw your consent and there is no other legal ground for which we rely for the continued use of your personal information; (iii) if you object to the use of your personal information (as set out below); (iv) if we have used your personal information unlawfully; or (v) if your personal information needs to be erased to comply with a legal obligation.|
|Right to restrict the use of your personal information||You have the right to suspend our use of your personal information in certain circumstances. For example (i) where you think your personal information is inaccurate and only for such period to enable us to verify the accuracy of your personal information; (ii) the use of your personal information is unlawful and you oppose the erasure of your personal information and request that it is suspended instead; (iii) we no longer need your personal information, but your personal information is required by you for the establishment, exercise or defence of legal claims; or (iv) you have objected to the use of your personal information and we are verifying whether our grounds for the use of your personal information override your objection.|
|Right to data portability||You have the right to obtain your personal information in a structured, commonly used and machine-readable format and for it to be transferred to another organisation, where it is technically feasible. The right only applies where the use of your personal information is based on your consent or for the performance of a contract, and when the use of your personal information is carried out by automated (i.e. electronic) means.|
|Right to object to the use of your personal information||You have the right to object to the use of your personal information in certain circumstances. For example (i) where you have grounds relating to your particular situation and we use your personal information for our legitimate interests (or those of a third party) including for profiling; and (ii) if you object to the use of your personal information for direct marketing purposes, including profiling (to the extent it relates to direct marketing).|
|Right to object to decision which is based solely on automated processing||You have the right in certain circumstances not to be subject to a decision which is based solely on automated processing without human intervention.|
|Right to withdraw consent||You have the right to withdraw your consent at any time where we rely on consent to use your personal information.|
|Right to complain to the relevant data protection authority||You have the right to lodge a complaint with the supervisory authority. In Spain this authority is the Data Protection Spanish Agency (www.aepd.es).|
CHANGES OF THIS POLICY
This policy was last updated on 24 May 2018.