3^rd May 2021 (Rev 2.0)

This Privacy Policy applies to AUBETUP Australia Pty Ltd (ACN 603 327 742), and its subsidiaries that are incorporated in Australia or otherwise subject to the Privacy Act 1988 (Cth) (Privacy Act), including the companies that own and operate its core brands such as AUBETUP.  We refer to these entities as “AUBETUP”, “we”, “us”, and “our”.
 

1.         BACKGROUND

This Privacy Policy details how we will handle, store, use and manage your Personal Information which we collect when you engage or interact with us by using our services in ways which include (but are not limited to) in person, on our websites, on our mobile or tablet applications, on a third-party platform (such as social media) or when contacting us online, via mail, via email or through our call centres (collectively, Our Services). 
We are committed to ensuring the Personal Information collected about you is protected, used, stored and disclosed in accordance with the Privacy Act, the Australian Privacy Principles (APPs) and this Privacy Policy.
References to “Personal Information” within this Privacy Policy adopt the meaning from the Privacy Act, which is:
“information or an opinion about an identified individual or an individual who is reasonably identifiable whether the information is true or not; and whether the information or opinion is recorded in a material form or not”. 
By using Our Services you agree to us collecting and processing your Personal Information on the basis outlined in this Privacy Policy. This Privacy Policy will not apply to any websites linked to by Our Services over which we have no control. Please review any third-party privacy policies before using any linked website. 
The examples of kinds of Personal Information, handling, storage, use and management of Personal Information as provided within this Privacy Policy are not intended to be exhaustive list of those activities.
 

2.         TYPES OF PERSONAL INFORMATION WE COLLECT

The kinds of information we collect and hold depends on your engagement with us and the laws, regulations, licence conditions and betting rules which may apply to us from time to time.  We detail the kinds of information we may collect and hold about you in this section, but this is not intended to be exhaustive.

2.1.      Account Use – to open and operate an account with us we will collect:

• Name;
• Residential address;
• Email address;
• Phone number; and
• Documents to confirm your identity (such as driver’s licence, birth certificate, utility bills).

We might also need additional details including your gender, credit card or bank account details (to enable you to deposit and withdraw funds) and details about your gambling preferences.
2.2.      Prizes and Promotions – if you win, claim or dispute a decision relating to a prize or promotion we run, we may collect your Personal Information including your name, residential address and contact phone number.  We may also ask for your driver’s licence or other form of identification to verify your identity.
2.3.      Engaging with our social media channels and call centres – we may collect your name, phone number, email address and any photos, videos or feedback you share with us.
2.4.      Supplying or acquiring goods or services – we may collect your name, job title, business address, email address, telephone number and relevant background information including criminal records.
2.5.      Anti-Money Laundering & Counter Terrorism Finance Obligations – under the Anti-Money Laundering and Counter-Terrorism Finance Act 2006 (Cth) (AML/CTF Act), we may request further Personal Information from you, including employment details, transmission data from communications you have with us, bank statements and any other information we might reasonably need to assess your risk to our business under the AML/CTF Act.
2.6.      Information about online behaviour and location data – we may collect details of each time you use our websites or apps (including the time you log into an account and your IP address) and geo-location data to verify what jurisdiction you are in at the time you are using our services.
2.7.      Cookies – while we use cookies to record details relating to your use of our websites, including what pages you view, we do not use cookies to track your Personal Information.   We may from time to time use third-parties to serve ads on our website.  These companies may employ cookies and action tags (also known as single pixel gifs or web beacons) to measure advertising effectiveness. Any information that these third parties collect via cookies and action tags is completely anonymous.
 

3.         HOW WE COLLECT PERSONAL INFORMATION

We obtain your Personal Information from you directly from your engagement or interaction with Our Services. The information is securely held off-site in a secure cloud environment with all reasonable, industry standard security features.
We may also collect information from a third party where it is reasonable, practical or in the ordinary course of business to do so.  We will collect your Personal Information only by lawful means and not in an intrusive way for the purposes of operating our businesses.  For example may way collect your Personal Information from:

• third parties that can help assess your risk to our business under the AML/CTF Act;
• your employer if you’re employed by a company that provides goods or services to us;
• any entity that provides consulting services to us;
• public sources (e.g. social media sites, google and other website) for the purposes of our AML/CTF Act compliance program;
• any state regulatory bodies to confirm whether you’re a voluntary self-excluded patron in Australia or any other country; or
• any relevant Commonwealth, state or territory government authority or agency.

4.         WHY WE COLLECT PERSONAL INFORMATION

Depending on the way you interact with us and Our Services, we may collect your Personal Information:

• to provide products and services to you and to improve or enhance those products and services;
• to identify you for security purposes and to comply with our legal obligations;
• to maintain your betting account and records;
• to help select which of our marketing offers to show you online, such as on our website and mobile applications, on third party social media platforms and on third party websites and mobile applications;
• to ensure compliance with regulatory obligations and applicable licence conditions, including those with state race controlling bodies (including thoroughbred, harness and greyhound bodies) and with authorised sports controlling bodies (domestic and international);
• to upgrade and enhance your experience within the website or over the telephone, or to tailor or develop information, services or products to suit your needs which may include market research and conducting promotions;
• to tell you about our products or services that we think may be of interest to you by communicating with you via email, SMS or telephone;
• to create aggregate data for demographic profiling, statistical analysis of the database to provide to potential and existing stakeholders, and to allow for more efficient operation of our business;
• to comply with our legal and statutory obligations including in relation to customer identity verification and reporting obligations imposed by the AML/CTF Act and the Racing and Betting Act 1983 (NT) (Racing and Betting Act) licencing obligations;
• for the purpose of investigations by law enforcement agencies including (but not limited to) the Australian Federal Police, the Australian Competition and Consumer Commission, the Australian Securities and Investments Commission and the Australian Crime Commission;
• for taking appropriate action if we have a reason to suspect that unlawful activity or misconduct of a serious nature has been, is being or may be engaged in that relates to our functions and activities;
• to establish, exercise or defend any legal claims; and
• for any other purpose required or permitted by law.

You may choose to deal with us on an anonymous basis or to use a pseudonym unless it is not practicable for us to deal with individuals who we cannot identify or that we are required by law to only deal with identified individuals (such as under the AML/CTF Act). Also, if you do not provide us with the Personal Information we request, we may be unable to process your application to open an account, provide you with services or respond to your enquiry or complaint.
 

5.         HOW WE USE AND DISCLOSE YOUR PERSONAL INFORMATION

From time to time we may need to disclose your Personal Information, including:

5.1.      to our employees and contractors – where these individuals or organisations need the information to perform their jobs or to provide their services, such as external IT, consultancy and advisory services (noting however that employees and contractors have obligations to treat all information they access as confidential);

5.2.      to agents and affiliates – including to contact you with special offers, or where you win a prize we may disclose your details for reasonable promotional activities. We will ask for your consent before we do this and you can elect to not disclose your name.

5.3.      to Government and Regulatory bodies – we may disclose your Personal Information to regulators and law enforcement agencies, respond to an enquiry from a government agency issued under state, territory or commonwealth laws and any other relevant Commonwealth, State and Territory government authorities and agencies for various purposes, including where the disclosure is required or authorised by law.

5.4.      to Racing Control and Sporting Control Bodies – to protect and maintain the integrity of sports and racing codes by assisting these bodies in their inquiries or notifying such bodies of any betting activity we consider to be unusual or suspicious.

5.5.      to Monitor Betting Accounts – we may monitor your betting accounts and any emails you send to us for various purposes, including to comply with our obligations under the AML/CTF Act. We may use and disclose information collated during monitoring, including by releasing your Personal Information to government authorities, to sporting bodies, to bookmakers and to other betting and gambling operators.  We won’t tell you when we monitor your transactions or if we disclose any Personal Information obtained.  We may also monitor your betting account/s for the purpose of taking appropriate action if we have valid reason to suspect that unlawful activity or misconduct of a serious nature in relation to our products or services has been, is being or may be engaged in.

5.6.      to monitor and record telephone calls – we record various types of telephone calls, including calls to and from our call centres for the purpose of regulatory, verification and quality assurance purposes.

5.7.      to market our products and services to you – we (and our related bodies corporate) and third parties providing services to us (such as for targeted online advertising) may securely use and disclose your Personal Information to inform you about products, services, promotions, events, any applicable loyalty programs and to provide you with location specific advertising.  Generally, we’ll do this via SMS, email, push notifications, online advertising, direct mail and telephone calls and we may also deliver personalised advertising to you via our website, applications and on digital platforms.  If you no longer wish to receive marketing or promotional material from us, you can let us know by:

• unsubscribing on the channel/s you receive the marketing;
• contacting our call centre on 1800 888 001; and/or
• by email to support@aubetup.com.au with your request.

We may from time to time contact you with information relating to the management and administration of an account you hold with us via any of the methods of contact you provide when registering for an account.  These communications will not be affected by your marketing opt-in or opt-out preferences.

5.8.      Overseas – we may disclose from time to time disclose Personal Information to recipients located outside of Australia that provide services to us, including IT and customer support services, subject to first taking the necessary steps in ensuring that the recipient does not breach the APPs (other than APP 1).
 

6.         SENSITIVE INFORMATION

We won’t collect sensitive information, such as your:

• racial or ethnic origins;
• political opinions;
• religious or philosophical beliefs;
• sexual orientation or practices;
• criminal record; or
• health information,

unless it is required or authorised by law (for example, under the AML/CTF Act) or given with your consent and is reasonably necessary for one of our functions or activities.
Without limitation, you consent to us collecting and using sensitive information about you where we need it:

• in relation to you working with (or applying to work with) us, e.g. health information relating to a disability that needs to be accommodated in the workplace;
• to manage your self-exclusion or voluntary pre-commitment limit, or to remove you from a self-exclusion program (which generally requires a copy of a report from a registered gambling counsellor or voluntary precommitment election);
• to enact special features on your account(s), e.g. minimum bet exemptions; or
• otherwise for a purpose identified in this Privacy Policy.

If we consider that you pose a high risk to our business, we may disclose sensitive information about you to government authorities and may use the sensitive information as grounds to stop providing our services to you. We may freeze your account without warning and without telling you we are relying on sensitive information to do so.
 

7.         SECURITY OF YOUR PERSONAL INFORMATION

We do not warrant the security of any information which you provide to us. Any information provided is done so at your own risk.  However, once received, we take reasonable precautions to protect your Personal Information from misuse, loss and unauthorised access, modification and disclosure including by using password protected systems and databases and Secure Socket Layer (SSL) technology.
We take seriously the responsibility to exclude minors from access to our services. We will not accept their information for the purposes of opening a wagering account. It is however, ultimately the responsibility of parents or guardians to monitor their children’s Internet activities including where appropriate by using Internet screening software.
Ultimately, you are solely responsible for maintaining the secrecy of your username, password and any of your Personal Information.
 

8.         ACCESSING AND CORRECTING YOUR PERSONAL INFORMATION

We will take reasonable steps to ensure the Personal Information we collect about you or that we use or disclose is accurate, up to date and complete.
You may seek access or to correct to your Personal Information held by us by contacting the Privacy Officer whose contact details are as follows:
Privacy Officer
AUBETUP Interactive Pty Ltd
46 Epsom Road
Zetland NSW 2017
Tel: 1800 443 739 or +61889891069
Email: compliance@aubetup.com.au
We will endeavour to respond to your request in 30 days. 
We may refuse a request for access in certain circumstances set out in the Privacy Act, including where:

• providing access would be unlawful;
• we are not satisfied as to the identity of the party making the request for access;
• we are not required or authorised to do so by or under an Australian law or court/tribunal order;
• giving access would be likely to prejudice legal enforcement related activities by or on behalf of an enforcement body; or
• we are not satisfied as to the bona fides of the requested access.

If we refuse your request, we will notify you of the refusal in writing, the reasons for the refusal (unless it would be unreasonable to do so) and explain the complaint mechanisms available to you if you wish to take the matter further.
It also may not be possible to remove or modify information in our database, but we will take reasonable steps to correct your Personal Information that is inaccurate, out or date, incomplete irrelevant or misleading. 
 

9.         COMPLAINTS

If you have any complaints relating to the handling of your Personal Information, please contact the Privacy Officer whose contact details are as follows:
Privacy Officer
AUBETUP Interactive Pty Ltd
46 Epsom Road
Zetland NSW 2017
Tel: 1800 443 739 or +61889891069
Email: compliance@aubetup.com.au
Further Information about privacy concerns or complaints in Australia can be found on the Office of the Australian Privacy Commissioner's website at www.oaic.gov.au 
 

10.       DESTRUCTION

We will destroy or permanently de-identify the Personal Information we hold when it is no longer required for any purpose permitted under the APPs including our legal or operational obligations.
 

11.       ACCEPTANCE AND UPDATES

When you create an account with us, use our services or engage with us you agree to have read and irrevocably be bound by the terms of this Privacy Policy.

We may review this Privacy Policy periodically and reserve the right to change the Privacy Policy at any time at our discretion by posting such changes on the website. Changes will be take effect immediately when posted on the website. Your continued use of the service following posting will constitute your acceptance of those changes. You should review this Privacy Policy regularly and remain familiar with its terms.