POWER'D PRIVACY POLICY
Last updated: June 2023
In the course of carrying out our activities, POWER’D DIGITAL PTY LTD (ACN 50 655 840 887) (we, us or our), and our subsidiaries and related bodies corporate, will collect, store, use and disclose personal information. We are committed to the protection of your personal information and to compliance with applicable privacy laws.
1. Personal information
Personal information and/or personal data (the terms commonly used in applicable privacy laws), is information or an opinion about an identified or reasonably identifiable individual, whether or not the information or opinion is true and whether or not the information is recorded in a material form.
2. Types of personal information we collect and hold
2.1 We collect and hold personal information about individuals for the provision of our products and services (including our websites and other online platforms and services) and purposes connected to those products and services, including facilitating the provision of the products and services of our third party partners (including our clients and customers).
2.2 Consistent with the provision of our products and services, the types of personal information we may collect, and hold includes the following.
(a) Identity and contact details – including individuals’ full name, address, telephone number, email address and other documentation that relates to, or can be used to determine, your identity, such as your drivers’ licence, passport or other national identity documentation details.
(b) Location and GPS information – including location information from real-time signals and past activity that is derived from, and associated with use of, our products and services.
(c) Video images and metadata – visual images, including of individuals (including their faces) as well as other related metadata (such as time, location, and other settings) that is derived from, and/or associated with, use of, our websites, platforms and products and services.
(d) Payment details – information associated with their payment and card details, including (if applicable) bank account information and digital wallet details (please note payment transactions are processed by an authorised third party and are encrypted by the acquiring payment processor so we will not retain any payment card details).
(e) Profile and membership/account data – profile information, usernames, passwords, preference data, membership and/or account numbers and IDs, and related information.
(f) Other information – text of communications gathered in the course of our interaction with you, including where you comment within our platforms and/or otherwise interact on live-chat, social media and emails, and other information from your interactions with us online, including your opinions, beliefs or feedback when you interact with our customer service support and/or surveys or questionaries, your usage and attendance history in relation to our, and our third party partner, products and services, cookie information, security tokens, IP address, URL’s, search histories and other associated information.
2.3 Relevant to the General Data Protection Regulation (the GDPR), the basis for our processing of your personal information under the GDPR is with your consent and to enable us to perform the services you have asked us to provide. If you don’t provide us with personal information, we are unlikely to be able to provide you with our products and services.
3. How we collect and hold personal information
3.1 We may collect personal information in the following ways.
(a) Directly from you.We may collect personal information directly from you, including in the course of providing our products and services, from our website and other online platforms, and/or directly from you, including using cookies (data files placed on your device or computer), log files and security tokens.
(b) From third party partners. We may collect personal information about you from third parties who are our partners (including clients and customers) and who, in the course of providing their products and services, disclose your personal information to us. While your disclosure of personal information to such third parties remains governed by your relationship with that third party, including their privacy policy, our use of your personal information that we receive from them will be governed by this privacy policy.
(c) Other individuals. We may collect your personal information from individuals with whom you have a relationship and who disclose your personal information to us in the course of purchasing our products and services, for example as a gift for you.
3.2 Personal information is held securely, is subject to various security protections and is held only for as long as the information remains relevant to the purpose for which it was collected.
4. Purposes for which we hold, use and disclose personal information
4.1 We will not use or disclose personal information for any secondary purpose, unless that secondary purpose is related to the primary purpose for which we have collected that information, and you would reasonably expect the disclosure in the circumstances, or unless you consent to that use or disclosure.
4.2 The purposes for which we collect, hold, use and disclose information may include the following.
(a) Conducting our business, which includes providing our platforms, products, and/or services, or the products and/or services of a third party, to you.
(b) To communicate information about our products and services or third party products and/or services that may be of interest to you.
(c) To provide you with information or advertising relating to our products or services (including targeted advertisements) or marketing communications we believe may be of interest to you.
(d) To enable identification verification and KYC procedures.
(e) To assist you manage your accounts on our platforms and/or the platforms of our third party partners, including where you have set up an account with us previously and you attempt to set up a new account using the same details, we may use your personal information to prompt you to login to your existing account.
(f) To improve and optimise our platforms (including our websites) and services.
(g) For our internal administrative, research, planning, marketing and product development purposes.
(h) To comply with legal obligations.
4.3 We may also disclose personal information to the following third parties for their use for the same purposes.
(a) Our third party partners (including our clients and customers).
(b) Third party service providers, including service providers who assist us make our platforms, products and services available to you and/or assist with ancillary services made available through our platforms, including payment processors and parties undertaking identification verification and KYC procedures, as well as marketing and other technology service providers (such as Amazon Web Services and Google (including Google Analytics).
(c) Individuals who have purchased or accessed our products and services, or third party products and services, for you as a gift.
4.4 While our disclosure of your personal information to such third parties is governed by our privacy policy, such third party’s use of your personal information, including any queries you have about the personal information they hold and how they are using it, will be governed by their privacy policy. It is your sole responsibility to review such privacy policies.
5. Changes to this Privacy Policy
We will review and update this Privacy Policy from time to time as needed without notice. Therefore, you should review the terms of this policy periodically to make sure that you are aware of how we collect, hold, store and use personal information.
6. Retention, access and correction
6.1 We will only keep records of your personal information as long as they are still necessary for the purposes listed above for which we collected such personal information.
6.2 We will take all reasonable steps to ensure any personal data we collect, use or disclose is up to date and accurate. If you believe personal information that we hold about you is not up to date or accurate, you may ask us to correct it or correct it yourself on if you have an account to use our website and/or platforms.
6.3 You may ask us to provide you with details of the personal information we hold about you, and copies of that information. We will respond to your request and attempt to provide you with the data within 30 days of receipt of your request.
6.4 If we provide you with copies of the information you have requested, to the extent permitted by law, we may charge you a reasonable fee to cover the administrative costs of providing you with that information.
6.5 Please direct all request for access and correction to privacy@powerd.digital.
7. Some other rights in relation to your privacy
7.1 Relevant to the GDPR, some individuals also have a right, in certain circumstances, to have the information held about them erased. You can talk to us further about this at privacy@powerd.digital. Such individuals can also request that we restrict or suspend the processing of your personal information. If you do so, note that we will then be most likely unable to provide the services to you.
7.2 The GDPR also provides that in some circumstances, individuals have a right to data portability, to withdraw their consent at any time, to object to data processing and to object to processing of data for marketing purposes.
8. Overseas disclosure
8.1 Relevant to the GDPR, in order to provide our services to you, we may disclose the information which we process to countries outside the UK and/or the European Economic Area (EEA). Regardless of the location of our processing, we will impose adequate data protection safeguards and implement appropriate measures to ensure that your personal data is protected in accordance with applicable data protection laws.
8.2 In relation to our Australian operations, we may, in the course of providing products and services, disclose personal information to overseas entities including by utilising overseas data servers to process information. Those overseas entities may be located in New Zealand, USA the European Economic Area (EEA) and the United Kingdom (UK).
9. Third party links and services
Our website, platforms and communications may contain links to other websites or platforms from time to time. Please note that we do not control, and are not responsible for, the content or practices of these other websites. Our provision of any third-party links or services does not constitute our endorsement of these other websites, their content, their owners, or their practices. This policy does not apply to any third-party websites, which are subject to any privacy and other policies they may have.
10. Complaints
10.1 If you consider a breach of the Privacy Act 1988(Cth) or GDPR has occurred, you may direct your query to our Privacy Officer using the details set out below and we will attempt to resolve your complaint.
10.2 If you do not consider our response satisfactory, you may contact the following privacy regulators.
(a) Australian individuals may contact the Australian Privacy Commissioner at its website www.oaic.giv.au or by telephone on 1300 363 992.
(b) EU individuals, you can contact your relevant local data protection authority, which can be located at via the European Data Protection Supervisor and/or this link.
(c) UK individuals may contact their local data protection authority, the Information Commissioner’s Office (see here).
11. Contacting us
If you have any questions about this Privacy Policy and would like further information, please contact our Privacy Officer at privacy@powerd.digital.
