Privacy Policy

Last updated 3 April 2020

Trivia Quiz (TQ) is a trivia quiz game (TQ App, App, Site, we, us) provided to individual

users through a website and downloadable software application (Services).
“Trivia Quiz” means On Point Holdings Pty Ltd ACN 618 965 807 its affiliates or related

entities.

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TQ cares about our website and App users (User, you, they, their) and the concern they may have about the safety and use of the Personal Information they provide to TQ.

The following information sets out our privacy policy (“Privacy Policy”).

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PLEASE READ THIS PRIVACY POLICY CAREFULLY BEFORE USING THE TRIVIA QUIZ WEBSITE OR APP.
 

1. PRIVACY POLICY
 

1. 1.1  Access to the App is conditional on Users accepting the terms of this Privacy Policy. The Privacy Policy applies to the collection, storage, use and disclosure by TQ of the Personal Information of the individuals using the App. This Privacy Policy should be read together with our Terms and Conditions.

2. 1.2  This Privacy Policy sets out the Personal Information we collect, how we hold it, use it, and who we might share it with in accordance with the Privacy Act 1988 (Cth) (Privacy Act), the Australian Privacy Principles.

3. 1.3  In addition to the Privacy Act, our Privacy Policy is compliant with the European Union’s (EU) General Data Protection Regulations (GDPR), as revised from time to time, which has been designed to harmonise data privacy law across EU member states. As the Personal Information you provide to TQ may be transferred into and/or out of the EU and to protect the rights of Users who may be located within the EU, TQ has amended its Privacy Policy and revised its internal processes to enhance its User’s data privacy and internal data security systems.

4. 1.4  More information regarding the rights of EU residents is provide below at Section 16.

5. 1.5  Please read this Privacy Policy carefully to understand how any Personal Information collected by TQ is used.

6. 1.6  We will comply with this Privacy Policy in respect of information provided to us by persons aged 13 years and older.
    

2. UPDATES TO OUR PRIVACY POLICY
 

1. 2.1  From time to time we will need to make amendments to our Services Privacy Policy, Terms and Conditions, or other policies in order to comply with any applicable laws or for any other reason at any time.

2. 2.2  We will notify you of any updates or amendments. You will have the opportunity to read these and accept them in order to continue using our Services.
    

3. PERSONAL INFORMATION WE COLLECT FROM YOU

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3.1 We request the following information from Users prior to registering to use the App:

1. a)  your Username;

2. b)  IP Address;

3. c)  Profile Picture; and

4. d)  any other information TQ deems necessary from time to time.

(“Personal Information”)
 

3.2.  TQ does not collect any sensitive information from you which reveals your: race, ethnic origin, political opinions, religious or philosophical beliefs, trade union memberships or details of health or disability which we consider are unnecessary to our function.
 

3.3.  The User‘s profile picture is used to identify you as a player and participate in trivia competitions with other TQ users (“Profile Picture”).
 

3.4.  The User will also be given the option to sign up to receive information from TQ, merchants or its partner suppliers, and for other purposes for which you would reasonably expect us to use that information. This includes sending the User information about new features, products, Services via notifications or by post, telephone or any form of electronic communication.
 

3.5. By registering with TQ, the User authorises TQ to use any email address or other contact information he/she has provided at any time for the purposes described in Section 2.2. The User will also be given the opportunity to 'opt-out' of receiving any emailed information or other correspondence, by simply clicking the unsubscribe link at the bottom of any email it receives from us. The User agrees and acknowledges that even if he/she opts out of receiving marketing material, TQ may still send the User’s essential information that it is legally required to send the User relating to the Services provided through the App.
 

2.5 Other information we may collect is set out as follows:
 

INFORMATION TYPE & REASON INFORMATION COLLECTED

Your IP Address

• Collected each time you login to a new device;

• Used for rate limiting and detection of cyber attacks; and

• To cooperate with law enforcement and regulatory authorities.
   

Anonymous Device Identifier

• Collected each time you login to a new device;

• Used to keep track of which devices you have logged into; and

• May be used in the future to provide a list of devices that you have logged into, and the ability to 'log out' each of those devices.
   

Your location

• For market research purposes.

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App Interaction Events

• May collect an "event" when you tap a button in the App;

• Used for determining which parts of the App are used the most

  frequently;

• When the App is opened;

• When an advertisement is loaded; and

• When an advertisement load has failed.
   

4. WHAT WE WILL DO WITH A USER’S PERSONAL INFORMATION
 

4.1  All Personal Information that TQ, its affiliates or related bodies corporate collect is reasonably necessary for the purposes of providing our Services to Users.
 

The purposes include:
(a) registering the User to use the App;

(b) enable TQ to communicate effectively, e.g. respond to any questions, concerns, or problems raised by the User;

(c) enhance functionality of the App and Services when a User is logged in including but not limited to personalised recommendations and submission of customer feedback.
 

4.2  We collect the information to improve your TQ experience. Some of the ways we do this is by:
 

a)  To research, develop, improve the Services and use within TQ’s App, the Services we offer;

b)  To send you notifications;

c)  Monitor and analyse trends and usage;

d)  Improve security;

e)  Review data about how you play the game, including information such as how long it took each question to be answered which is used for score calculation, fraud prevention and analysis;

f)  Personalise content and the service we provide to each User including but not limited Trivia Quiz targeted advertisements or useful information based on your search or usage history;

g)  Providing you with a history tagged with location data and content which you have allowed us to obtain;

h)  Maintaining appropriate business records;

i)  Collecting information from Cookies, Metadata, Web Beacons and other forms of information collection available, so we provide a targeted useful User experience to you the User;

j)  We also use this information collected to enforce all of our Terms and Conditions and other policies; and

k)  We also store information on your device(s) so that you can access your App without having to sign in at each use and to view your content from our server at the fastest available rate of our Services.

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5. HOW WE SHARE INFORMATION:
 

5.2 We may also disclose your Personal Information to comply with our legal obligations, including to various law enforcement agencies, regulatory authorities and governments around the world and their service providers for security, customs and immigration purposes.
 

a)  We may share information about you in the following ways:With our affiliates and other entities within the TQ family of companies;

b)  To a data centre or a data service provider contracted for the operation of the TQ App and website;

c)  To Google AdMob to analyse advertising data ad show advertisements;

d)  To third party crash reporting services which is used to help improve the performance and stability of the App;

e)  Anonymous user tracking to measure type and frequency of use of the App; and

f)  To provide information to any division, associate entity of TQ so that this information helps TQ to improve our Services and improve your User experience provide relevant information to you that you may have searched or are searching for.
 

6. SECURITY OF YOUR PERSONAL INFORMATION
 

6.1  TQ will keep a User’s Personal Information confidential and not sell or knowingly divulge user information to advertisers or any other third parties, other than our partners and suppliers, without your consent.
 

6.2  TQ will take reasonable steps to ensure that these organisations are bound by privacy obligations in relation to the protection of User's Personal Information. We will not share a User’s Personal Information, unless:
 

(a) we are required to share your information with a third party in order to comply with the law or to comply with a court order or subpoena;

(b) to enforce our own Terms and Conditions;

(c) if it is necessary to provide it to our third party service providers, if any, such as data storage providers, who will be subject to strict contractual privacy obligations; or

(d) to protect the safety and security of our Users and our Site.
 

7. USER'S CONSENT TO OUR USE OF PERSONAL INFORMATION
 

7.1 We ask for Users’ consent to the use of any Personal Information we collect from them in accordance with this Privacy Policy at the time of that User providing that information. If a User does not wish to provide us with their consent, they cannot agree to the App Terms and Conditions and must not use the App.
 

7.2 Our use of the User’s Personal Information is necessary in order for us to maintain the App and facilitate a User’s use of the App. We do not collect any unnecessary Personal Information from Users (for instance, their race or religious beliefs).
 

8. HOW LONG WE HOLD A USER’S PERSONAL INFORMATION
 

8.1  We will retain your information for as long as a TQ account is active or as necessary to comply with our legal obligations, resolve issues, address queries and enforce our agreements.
 

8.2  If you no longer wish to use the App, simply deactivate your account and delete the App. If you have any further questions on how to do this, please contact us via the methods below.
 

9. KEEPING A USER’S PERSONAL INFORMATION ACCURATE
 

9.1  The Personal Information we hold about a User (such as Username, IP Address and Profile Picture) is kept so that we may correctly identify that User.
 

9.2  If a User wishes to update or amend their Personal Information, send a request to THE REQUESTS MANAGER at info@onpoint-holdings.com or write to us at PO BOX 644 Carlton South VIC 3053 (Australia). . We follow the process for access and correction under the Freedom of Information Act 1982.
 

9.3  We take all reasonable steps to ensure that Personal Information held by us is accurate, up-to-date, complete, relevant and not misleading. If you believe that any of your Personal Information is not accurate, up-to-date, complete, relevant and not misleading, please contact us (see below) and we will take all reasonable steps to correct it within a reasonable time.
 

10. KEEPING A USER’S PERSONAL INFORMATION SECURE
 

10.1  TQ is committed to information security. We will use all reasonable endeavours to keep Users’ Personal Information in a secure environment. For instance, each Users’ Personal Information is encrypted whilst being sent to our server at the time of setting up an account.
 

10.2  TQ security measures are designed to assist in ensuring that Users’ Personal Information is not accessed by unauthorised personnel, lost or misused. If you reasonably believe that there has been an unauthorised use or disclosure of your Personal Information, please let us know by contacting our Privacy and Data Protection Officer (contact details below).
 

11. ANONYMOUS INFORMATION
 

11.1 TQ collects anonymous information about Users and the activities of Users on the App. Anonymous information is information that is not linked to the name of a User. This information is used to assist us in enhancing the functionality of the Site and the information remains anonymous at all times.
 

12. COLLECTION OF WEBSITE ACTIVITY INFORMATION (COOKIES)

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12.1  From time to time TQ may collect information about individual Users and the activities of Users on the App. This information is used to assist us in enhancing the functionality of the App and the Services we provide.
 

12.2  Collection of App activity information and use of the Website may be conducted via the use of ‘cookies’. In simple terms a cookie is a little piece of information handed to a web browser from a web server that contains information that can be retrieved from the server later. When a User visits the Site the server may attach a cookie to their computer’s memory. TQ uses cookies to the extent of recognising the User when they visit the Site and pairing that User with an account profile. Personal Information can only be used to identify a User’s website activity when that User is logged in to their TQ customer account. Where a User is not logged in, website activity cannot be used to identify Users.
 

12.3  Unless you are a User of TQ who is logged in to a TQ account at the time, this information is not linked to any Personal Information that the User may provide and cannot be used to identify Users. A User may configure their computer so that it disables cookies or does not accept them.
 

13. TRANSFER OF YOUR DATA OUTSIDE OF AUSTRALIA
 

13.1 Users’ Personal Information is uploaded to, and kept on, servers that we maintain or that are maintained by third parties that comply with strict contractual based privacy obligations. Unless you are located outside Australia, a User’s Personal Information is not otherwise transferred internationally except where a copy is sent to the User at their request. By agreeing to our Terms and Conditions and Privacy Policy, Users consent for its Personal Information to be transferred and stored in this manner is obtained at the time of registration.
 

14. THIRD PARTY AND LINKED SITES
 

14.1 When using the Website or App, you may select a link to a third party site. Please be aware that TQ is not responsible for the privacy practices of such other sites. We encourage our Users to be aware that when they leave our site to read the privacy statements of each and every web site that collects personally identifiable information. This privacy statement applies solely to information collected by this App.
 

15. HOW CAN USERS ACCESS, AMEND OR DELETE THEIR PERSONALLY IDENTIFIABLE INFORMATION?
 

15.1 A User has the right to receive a copy of the Personal Information we hold about them. If you wish to receive a copy of this information please address your request to the Privacy and Data Protection Officer (contact details below). We will deal with your request promptly and in any case at least within 30 days of the date of receiving the request. We will give access to the information in the manner you request, where reasonable and practicable. This will be subject to any exemptions allowed under the Privacy Act. We will correct or delete inaccurate or incomplete Personal Information we hold about you at your request.
 

16. PRIVACY RIGHTS FOR INDIVIDUALS LOCATED IN EUROPEAN UNION
 

16.1 This section applies to individual Users of the TQ App and website who are located in the European Union (‘EU’). The EU General Data Protection Regulation (‘GDPR’) harmonises the data privacy laws of individuals located in each EU country, by expanding the privacy rights of those individuals and setting out further obligations for organisations which hold or process their Personal Information. In this section Personal Information means any information relating to an identified or identifiable natural person (in accordance with the definition of ‘personal data’ in the GDPR.
 

16.2  The GDPR requires use of Personal Information in a lawful, fair and transparent manner. The GDPR requires us to provide you with information regarding how we collect, use, share and store your Personal Information and to advise you of your rights as a ‘subject data.’
 

16.3  If you are located in the EU and would like more information relating to your rights under the GDPR and the use of your Personal Information by TQ, please contact info@onpoint-holdings.com.
 

17. WHAT PERSONAL INFORMATION DO WE COLLECT?
 

17.1 Please refer to Section 2 of this privacy policy for details of the Personal Information we collect.
 

18. CONSENT
 

18.1 We require your consent to handle and process your Personal Information. By ticking the ‘I agree’ box during the registration process, or by agreeing to and amended terms and Conditions or Privacy Policy, you have consented to the processing of your Personal Information for one or more specific purpose and you agree that your consent was freely given and you have been informed of the purpose of processing your Personal Information as set out below at Section 23.
 

19. MANDATORY DATA BREACH NOTIFICATION
 

19.1 TQ will notify the relevant supervisory authority of any data breach within 72 hours of becoming aware of the breach, unless the breach is unlikely to result in a high risk to the rights and freedoms of the individual User.
 

20. INDIVIDUALS EXPANDED RIGHTS
 

20.1 The GDPR provides individuals located in the EU with additional rights as follows:
 

(a)  The right to erasure, which provides you with the right to require us to delete your data (the right to be forgotten), including but not limited to where the information collected is no longer necessary for the original purpose, or where you withdraw your consent to us holding that Personal Information.

(b)  If we are required to erase your Personal Information, we must take reasonable steps to inform controllers which are processing the same Personal Information, of any links to, copies of or replication of that Personal Information.

(c)  You may also object at any time to the processing of your Personal Information (including for profiling) and we will then stop processing said information, for example: for direct marketing purposes.

(d)  You have a right to ‘data portability’ where if requested by you, we will provide you with details of the Personal Information we hold regarding your account and we will provide you with that information in a structured, commonly used, machine readable format.

(e)  In certain circumstances you may have a right to obtain restriction on the processing of your Personal Information by us in circumstances where you believe that the accuracy of your Personal Information may not be correct.
 

21. OVERSEAS TRANSFER OF YOUR PERSONAL INFORMATION
 

21.1  If you are located within the EU then your Personal Information may be transferred outside the EU to our partners located in other countries or within Australia. Under the GDPR we are required to ensure the adequacy of a third party or a country’s level of data protection. TQ is bound to ensure that any agreements with third parties in other countries contains standard data protection clauses adopted by the EU Commission or a relevant data protection authority.
 

21.2  TQ will take reasonable steps to ensure that we or any data processor used by us, will be bound by enforceable commitments to apply appropriate privacy safeguards.
 

22. SPECIAL CATEGORIES OF PERSONAL INFORMATION
 

22.2 In addition to the rights set out above in Section 20, the GDPR provides protection of Personal Information regarding your racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, biometric data (for example: your fingerprints) or data concerning your health, life or sexual orientation. TQ will not process this type of Personal Information without your prior and specific consent or where otherwise lawfully permitted.
 

23. GROUNDS FOR USE OF PERSONAL INFORMATION
 

The principle legal grounds for our use of your Personal Information are as follows:
 

23.1 Consent – where you have consented to our use of your information (your consent is sought when you agree to our terms and conditions and privacy policy).

23.2 Providing a service – we are required to collect your Personal Information in order to provide you with the Services available on the TQ App.

23.3 Legal obligation – where we need to use your Personal Information to comply with our legal obligations.

23.4 Legitimate public interest – where we need to process your Personal Information in order to carry out a task that is in the public interest and our reasons for using it outweigh any prejudice to your data protection rights.
 

24. THE PURPOSE OF PROCESSING YOUR PERSONAL INFORMATION AND HOW IT IS USED