Introduction 

Last Updated: 12th February 2020 

This Privacy Policy is for clients of Swopstakes Australia Pty Ltd (ABN 46 634 089 92) (Swopstakes, we, us, our).  Swopstakes is an Australian registered company which holds a bookmaking and betting licence granted by the Northern Territory Racing Commission. Swopstakes owns and operates the website, swopstakes.com and all websites associated with the Swopstakes brand (the Website). 

Swopstakes is bound by the Privacy Act 1988 (Cth) (Privacy Act), the Australian Privacy Principles (APPs) and the Spam Act 2003 (Cth) (Spam Act).  You can contact our Privacy Officer to discuss any privacy related queries you may have – email [email protected] 

Swopstakes is committed to implementing practices, procedures and systems that: 

1. ensure we comply with the APPs (and any APP code applicable to us); and 

2. allow us to deal with your enquiries and complaints concerning compliance with the APPs (or any APP code applying to us). This Privacy Policy is to be read in conjunction with the Swopstakes Terms of Service

1. ABOUT THIS POLICY 

Under the Privacy Act, ‘personal information’ is generally considered to be any information or opinion that identifies you personally.  This Privacy Policy explains how we manage your personal information, including: 

1. the kinds of personal information we collect and hold; 

2. how we collect and hold your personal information; 

3. our reasons for collecting, holding, using and disclosing personal information; 

4. how you may access your personal information held by us and have it corrected; 

5. how you may complain about the way we deal with your personal information, and how we will deal with your complaint; and 

6. whether we will disclose your personal information to overseas recipients, and if so the likely location(s) of those recipients. 

By accessing and/or using our Website, our products or services or by otherwise providing us with your personal information, you confirm that you have read and agree to this Privacy Policy and consent to the management of your personal information as described in this Privacy Policy. 

We may make changes to this Privacy Policy as required at any time.  If we do, we’ll notify you by posting the updated version of the Privacy Policy on the Website.

By continuing to use our Website and/or our services, or by continuing to provide us with your personal information after these changes have been published on our Website, you confirm your acceptance of these changes. 

2. KINDS OF INFORMATION WE COLLECT AND HOLD 

The kind of personal information we may collect and hold depends on your dealings with us, and the requirements of the laws, regulations, licence conditions and betting rules which apply to us from time to time.

2.1 Opening accounts 

a) To open a Swopstakes account, we will collect the following personal information from you: 

  1. name; 
  2. residential and email addresses; 
  3. date of birth; and 
  4. telephone number. 

b) To comply with our obligations under the Anti-Money Laundering/Counter-Terrorism Financing Act 2006 (Cth) (the AML/CTF Act), we also require copies of documents which confirm your identity, such as: 

  1. driver’s licence;
  2. passport; 
  3. birth certificate; and/or 
  4. utility bills. 

c) We may ask for other details from you, such as: 

  1. your credit card and/or bank account details (in order to allow you to withdraw funds from, or deposit funds into, your account); and 
  2. some lifestyle or betting frequency information for the purposes of monitoring your betting activity or improving the services provided to you by us or our affiliates.

2.2 Claiming prizes and website enquiries 

If you win a prize, or apply for an unclaimed prize or dispute a decision we make, we will collect your personal information including your name, email address, residential address and contact phone number. 

2.3 Information from other Swopstakes related companies 

Our related bodies corporate may provide us with information about you such as: 

  1. contact details; 
  2. date of birth; 
  3. copies of identification documents; 
  4. lifestyle or betting frequency information; and 
  5. recordings of telephone calls you have made to the call centre(s) of any of our related bodies corporate. 

2.4 Anti-Money Laundering/Counter-Terrorism Financing Act 2006 (Cth) 

In order for Swopstakes to comply with its obligations under the AML/CTF Act, we may have to: 

  1. request further personal information from you (e.g. confirmation of your account transactions, your occupation and/or your employer in order to verify your identity); 
  2. collect information about you and your transactions on any accounts, including any email you send to us, bets you make and any deposits or withdrawals of funds you make in relation to your account; and / or 
  3. report certain activity/transactions undertaken by you to third parties (as required by law or otherwise). 

2.5 Online behaviour 

We may collect information regarding your online behaviour, including: 

  1. your responses to promotions, giveaways and competitions; 
  2. the time, date and URL of each request for a page from our web server (including the times that you login to any accounts to ensure the security of your account and to verify that the person operating the account is you); and 
  3. information from your computer or device (e.g. IP address) allowing us to: analyse trends, administer our Websites, track your web navigation, and gather broad demographic information for aggregated use. 

To do this, we may use cookies. Cookies are pieces of data sent by a website to your computer and stored on the hard drive which allow the Website to identify and interact with your computer. You can set your browser to accept or reject all cookies or notify you when a cookie is sent.  If you reject cookies or delete our cookies, you may still use our Websites but may not have access to “account holder only” areas. 

We use cookies to provide us with information on the use of our Websites and to understand what you find interesting on our Websites.  We do not link this information back to your identity or other information that you have provided to us.  We do not store any information that identifies you inside cookies. 

2.6 Use of aggregated data 

We also may use the information we collect about you in an aggregate form.  Aggregate data is information (which may have been originally personally identifiable or non-personally identifiable) that subsequently is aggregated with information from other sources and is used in aggregate form. 

Although aggregate data may be based in part on personally identifiable information about you, it does not identify you personally.  We may use aggregate data we collect in order to conduct analysis or research, such as research about customer demographics, internet use, and interests and behaviour.  We may share this type of aggregate data with a variety of third parties, including our affiliates, advertisers and other current and prospective business partners.  As this form of data does not identify particular users, these third parties will not be able to contact you based solely on this data. 

Aggregate data may also be used for Website administration, advertising, and promotional purposes, and we may share this information with various affiliated and unaffiliated entities. 

We may also enter into agreements with outside companies that possess the technology that allows us to customise the advertising and marketing messages you receive while accessing our Websites.  Your non-personally identifiable information and clickstream data about your activities may be shared with these companies so that this customisation can be accomplished.Our agreement with these companies restricts them from sharing your information with third parties or using it for any other purpose.  Clickstream and demographic information may also be shared with our advertisers and business partners. 

We may provide targeted advertisements based on information about you, such as your interests. We do not provide any personally identifiable information to the advertiser when you interact with or view a targeted ad, although advertisers (including ad serving companies) may assume that people who interact with, view, or click targeted ads meet the targeting criteria.

3. HOW WE COLLECT AND HOLD PERSONAL INFORMATION 

3.1. How we collect your personal information 

We usually collect your personal information directly from you by telephone, in person or online through our Website.  However, we may collect information from a third party if it isn’t reasonable or practicable to collect it from you.  For example, we may collect information from: 

  1. third parties, such as VixVerify, that assist us in verifying your identity or which help us to assess your risk to our business under the AML/CTF Act; 
  2. other companies related to Swopstakes, including Six of the Best Pty Ltd; and 
  3. to the extent relevant, any State/Territory regulatory bodies to confirm whether you are a voluntarily self-excluded patron in Australia or any other country. 

We may collect your personal information in a variety of ways, for example, when you visit or use our Websites and/or services, when you register for, and log into, an account on our Website, when you sign up to join a mailing list or to receive newsletters, through social networking sites, when you enter to participate in competitions or surveys or when you contact us. 

4. HOW DO WE SECURE YOUR PERSONAL INFORMATION? 

We will take reasonable steps to ensure your information is dealt with in a manner consistent with the Privacy Act and APPs.  In particular, Swopstakes takes reasonable precautions in the circumstances to protect the personal information it holds from: 

  1. misuse, interference and loss; and 
  2. unauthorised access, modification or disclosure. 

These include protection of passwords using industry standard encryption; measures to preserve system security and prevent unauthorised access; and back-up systems to prevent accidental or malicious loss of data.  Any paper copies are stored in locked cabinets or restricted access archive rooms.  We may use third party data storage providers to store personal information electronically.  We take reasonable steps to ensure this information is Public, held as securely as information stored on our own equipment and in accordance with the Privacy Act and APPs. 

Documents verifying your identity and any credit card information you send us will be stored in a secure database. 

Unfortunately, there is always risk involved in sending information through any channel over the Internet and while we aim to use our best efforts to secure and protect your personal information, we cannot guarantee the “perfect security” of any information you transmit or provide to us.  You send information over the Internet entirely at your own risk. 

5. THE PURPOSES FOR WHICH WE COLLECT, HOLD, USE AND DISCLOSE YOUR PERSONAL INFORMATION 

5.1 Our main purposes for collecting your personal information 

Our primary purposes for collecting, holding and using your personal information include: 

  1. To identify you and verify your age and identity; 
  2. To provide you with our services and products; 
  3. To manage, administer and control the quality of the products and services we provide to you and otherwise conduct our business, for example, to enforce our terms of service or process payment fees and transactions; 
  4. To register you for an account on our Website and to assist in the management of your account (for example, sending password reminders); 
  5. To market our products and services to you, such as to send you email newsletters; 
  6. To enable our related bodies corporate and selected third party partners to send you product and service information that we believe may be of interest to you;
  7. To conduct analysis on our Website’s usage, for example to monitor Website use and traffic; 
  8. To contact you or respond to your queries, comments and feedback; 
  9. To comply with our legal, regulatory and licensing obligations, including: a) to the State/Territory racing controlling bodies (including thoroughbred, harness and greyhound) under our State/Territory Race Fields Approvals and legislation and our approvals and permits with those bodies; b) to authorised sports controlling bodies (domestic and international) in accordance with integrity agreements and other arrangements with these bodies; and c) under the AML/CTF Act and the rules, legislation and terms and conditions that apply to our gambling licences; 
  10. To operate self-exclusion, pre-commitment limit, deposit limits and minimum bet exemption programs; 
  11. For any other purpose for which you provided the information; and 
  12. For any other secondary purpose related to the above reasons. 

5.2 Our other reasons for collecting, holding, using and disclosing your personal information 

We may also collect, hold, use or disclose personal information about you for the following reasons: 

  1. To notify you if you have won a competition, promotion or prize; 
  2. To monitor, develop and improve our services; 
  3. To monitor, develop and improve our products; 
  4. To ensure the optimum level of security surrounding any account you may hold with Swopstakes; 
  5. To assist you with your complaints and enquiries; 
  6. To assess whether you pose a risk to our business or the businesses of our wider corporate group; or 
  7. To protect the rights and property of any other Swopstakes customer. 

5.3 Public Relations 

If you win a major prize, we may disclose your details to external publicity businesses for reasonable promotional activities.  By entering into a promotion with one our Swopstakes related companies, you will be consenting to this use and disclosure of your personal information for this purpose. 

5.4 Service providers 

We may disclose personal information to third party service providers, contractors, suppliers, vendors, credit-reporting bodies, fraud-checking agencies, credit providers or organisations that assist us in the management and operation of our business and the provision of services to you, in order to: 

  1. electronically verify your identity and age (including online) for example, disclosure to third party ID verification service providers such as VixVerify; 
  2. provide, manage and administer our products and services and business systems (including mailing houses, printers, advertising agencies, postal services, call centres, providers of customer relationship management (CRM) services, providers of fraud detection services and IT technicians); 
  3. operate, maintain and manage our Website and customer database (including, website hosting services and information storage services); 
  4. develop and market our products and services (including market research analysts); 
  5. assess risks and comply with our reporting obligations under the AML/CTF Act; 
  6. comply with Payment Card Industry Standards, and securely manage processing of your credit card payments and storage of your credit card details; 
  7. to evaluate credit related matters such as credit-worthiness, credit rating, credit provision and financing for; and 
  8. analyse trends and aggregated demographic information, and target your interests.

5.5 Government bodies/regulators/industry bodies/venues 

We may be required to disclose your personal information to (without limitation): 

  1. government or regulatory bodies and agencies, gambling regulators, law enforcement agencies (such as the police or those responsible for enforcing the AML/CTF Act) or courts of law, if required or authorised to do so by law, for example, in response to a subpoena or legal order, to investigate, prevent or take action regarding suspected illegal activities, fraud or potential threats or to exercise legal rights or defend against claims; 
  2. respond to an enquiry from a government agency under State or Federal laws (e.g. about child support); 
  3. gambling regulators, for example, the Northern Territory Racing Commission, to comply with our notification, regulatory, integrity and compliance obligations under our gambling licences; 
  4. the State/Territory racing controlling bodies (including thoroughbred, harness and greyhound) under the terms and conditions specified in the State/Territory Race Fields approvals and permits granted to Swopstakes, or agreements entered into with Swopstakes, by these racing controlling bodies, for example, in response to an integrity request; 
  5. authorised sports controlling bodies (domestic and international) under the terms and conditions of a sports product fee and integrity agreement; 
  6. other organisations that coordinate a sport or racing code or are responsible for the integrity of a sport or racing code; and 
  7. owners/managers/operators of retail agencies and venues from which you have excluded yourself.

5.6 Related corporations 

When registering an account with Swopstakes, you may receive promotional or marketing information from Swopstakes, including marketing materials from any business in the Six Faces group (and its related bodies corporate).  By opting-in to receive direct marketing material Swopstakes including marketing materials from any business in the Six Faces group (and its related bodies corporate) we may use your personal information to inform you about products or services or about promotional activities which Swopstakes believes may be of interest or of benefit to you. Swopstakes, including marketing materials from any business in the Six Faces group (and its related bodies corporate) may do this via email, SMS, MMS, telephone or mail.

5.7 Marketing 

If you no longer wish to receive marketing or promotional material from Swopstakes at all or in any particular form, you may: 

  1. simply select to opt-out (i.e. unsubscribe) of receiving any further marketing material at the bottom of the page of the marketing communication you have received; or 
  2. contact our Compliance Manager by email at [email protected] with your request with, which we will comply with as soon as practicable. 

Note, we may also contact you in relation to the management and administration of your Swopstakes account and provide you with service updates or announcements.  These communications may occur via any of the modes of contact outlined above.  Customers that have elected to opt-out of direct marketing communications will continue to receive service announcements, until such time that the customer informs Swopstakes that it does not wish to receive these communications (this includes periods you are no longer using our products and services). 

5.8 Replacement providers

If we: 

  1. transfer responsibility for providing a Swopstakes product or service to another business; or 
  2. stop providing a Swopstakes product or service (or limit it), and another business continues to offer a similar product/service, we may disclose personal information to the other business so the product or service can continue to be provided to you.  By agreeing to the terms and conditions for your Swopstakes account(s), you consent to this disclosure, but you may withdraw that consent at any time by emailing: [email protected]

5.9 Monitoring of betting accounts, including emails 

In accordance with our obligations under our gambling licences, gambling legislation generally and the AML/CTF Act, we may monitor and maintain records of the transactions on your Swopstakes account(s), including any emails you send to us. 

You acknowledge and agree that we may use and disclose information collated during monitoring to third parties, including by releasing your personal information to law enforcement agencies, government authorities or any other regulatory authorities, as authorised or required by law or to comply with our obligations under our gambling licences, gambling legislation or the AML/CTF Act.  We will not tell you when we monitor your transactions or if we disclose any personal information obtained. 

5.10 Monitoring and recording phone calls 

We may monitor and record any telephone conversation with you for the purposes set out in this Privacy Policy or in order to comply with our obligations under our gambling licences, gambling legislation generally or the AML/CTF Act.  Any personal information that you provide during a recorded telephone call will be collected and managed by us in accordance with this Privacy Policy.  We will notify you if your call is being recorded. 

You acknowledge and consent to such recordings being made and agree that relevant recordings and details of your calls may be disclosed to law enforcement agencies, regulatory authorities and other authorities in the event of a dispute or as otherwise required or permitted in order to comply with our legal and regulatory obligations, for example, our obligations under gambling legislation or the AML/CTF Act. We will not notify you of those disclosures if legally permitted to do so. If you do not wish for your telephone call with Swopstakes to be recorded, please notify the Swopstakes telephone operator immediately, at the beginning of the telephone call. 

5.11 Company sale or restructure 

We may disclose your personal information to a buyer in the event of a merger, divestiture, restructuring, reorganisation, dissolution or any other form of sale or restructure of some or all of Swopstakes’ assets or those of its holding companies in the circumstances where the personal information is held by Swopstakes about its customers forms part of the assets transferred. 

5.12 Overseas disclosure of personal information 

We may disclose your personal information to overseas recipients such as affiliates or third parties who assist us in the management and conduct of our business or provide us with services.  These overseas recipients may assist us in the processing, storage or analysis of your information, processing of credit card payments or provide technical or website support to us. 

Where Swopstakes discloses your personal information to overseas recipients, these recipients are most likely to be located in the United Kingdom and the United States of America.  This list of countries is not exhaustive and may change from time to time. 

Important Notice In the event that the processing of your personal information involves the disclosure of any information outside Australia, you acknowledge that, by providing us with your personal information, you consent to such overseas disclosure.  By consenting to such disclosure, you acknowledge that: 

  1. Swopstakes will not be accountable under the Privacy Act for any breach of your privacy by the overseas recipient; and 
  2. you will not be able to seek redress under the Privacy Act against Swopstakes (or any related body corporate of Swopstakes) for any breach of your privacy by an overseas recipient.

Note:  Countries outside of Australia may not always have the same or similar privacy and data protection laws and in some cases, foreign law may require us to disclose your personal information overseas, for example to an overseas law enforcement authority. Please be aware that you may not be able to seek redress for a breach of privacy in a country outside of Australia.  However, where we do provide your personal information to third parties, Swopstakes will take such steps as are reasonable to ensure your information is used in accordance with this policy. 

6. HOW CAN I ACCESS AND CORRECT MY PERSONAL INFORMATION? 

6.1 Access 

You have a right to access the personal information we hold about you.  To make a request for access, please contact: Privacy Officer Address: PO Box 33, Broadmeadow NSW 2292 or Email: [email protected] 

Your personal information will usually be available within 30 days of your request.  If there is a fee for accessing your personal information, we will confirm the amount before providing the information.  We may not be able to grant you access to your personal information if the release of your personal information would have an unreasonable impact on the privacy of others or is otherwise unlawful.  Please see the APPs for further information.  If one of these circumstances applies, we will provide you with a written explanation of the reasons for the refusal, unless it would be unreasonable or unlawful to do so. 

6.2 Corrections 

You have a right to ask us to correct the personal information we hold about you. 

To make a request for the correction of your personal information, please contact the Privacy Officer at: Swopstakes Address: PO Box 33, Broadmeadow NSW 2292 or Email: [email protected] 

Once we receive your request for correction, we will endeavour to respond to that request within 30 days of receiving your request.  It is not always possible to remove or modify information in our databases, but we will take reasonable steps to correct your personal information to ensure that it is accurate, up-to-date, complete, relevant and not misleading. 

If we decline to make your requested correction, you may request us to attach to your personal information a statement that it is inaccurate, out-of-date, incomplete, irrelevant or misleading.  If we disclose the information to a third party before correcting it, you may request us to notify the third party of the correction we’ve made.  We will not charge you to request a correction, for making a correction or for associating a statement with a record.

7. MAKING COMPLAINTS 

If you have a concern about how we have handled your personal information, please let us know so we can fix the problem.  You can contact us at: Privacy Officer:  Address: PO Box 33, Broadmeadow NSW 2292 or Email: [email protected] 

To lodge a formal complaint, please send details of your complaint to the Privacy Officer in writing using the address or email address listed above.  We will investigate your complaint and attempt to respond within a reasonable time, usually within 30 days.  If your complaint is not resolved by the Privacy Officer, you may be able take it to an external dispute resolution scheme.  The Privacy Officer will give you details of the relevant scheme.  If your complaint is not resolved by our Privacy Officer or an external dispute resolution scheme, you can refer it to the Office of the Australian Information Commissioner at www.oaic.gov.au.

8. SENSITIVE INFORMATION 

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

  1. racial or ethnic origins; 
  2. political opinions; 
  3. religious or philosophical beliefs; 
  4. membership of a political association, professional or trade association or a trade union; 
  5. criminal record; or
  6. health information; unless: 
  7. you consent to our collection of such information; or 
  8. it is required or authorised by law; or 
  9. it is needed in order to provide our problem gambling assistance services, for example: a) to assist in the management of your self-exclusion or voluntary pre-commitment election, or to remove you from a self-exclusion program (which generally requires a copy of a report from a registered gambling counsellor or voluntary pre-commitment election); or b) it is needed to enact special features on your Swopstakes account(s) (e.g. Minimum Bet Exemptions or deposit limits). 
  10. The AML/CTF Act may require us to collect certain sensitive information (for example, “Know Your Customer” information in order to verify your identity), and we may collect this from third parties.  In some circumstances, in compliance with our legal and regulatory obligations under the AML/CTF Act, we may not be permitted to inform you that we have collected the sensitive information. 
  11. The information we collect for these purposes will be stored securely in an AML/CTF Risk Register and in some circumstances, we may not be permitted to provide you with access to this information.  In these circumstances, we will provide you with reasons for the refusal for access, unless it would be unreasonable or in breach of our legal obligations to do so.  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.

9. THIRD PARTY LINKS 

Our Website may contain links to or from, other third party websites.  These other websites are not subject to this Privacy Policy or our privacy practices and procedures and we are not responsible for the content or privacy practices of these third party websites.  This Privacy Policy applies solely to the management of personal information through the Swopstakes Website and services.  We encourage you to read the privacy policies of these third party websites or contact these websites directly for further information about their privacy processes. 

10. HOW LONG CAN SWOPSTAKES KEEP MY PERSONAL INFORMATION? 

If Swopstakes: 

  1. no longer needs to use or disclose your personal information for any purpose that is authorised under the Australian privacy laws; and 
  2. is not otherwise legally required to retain that information, 

then it will take reasonable steps to destroy the personal information or ensure it is de-identified. 

11. GENERAL DATA PROTECTION REGULATION

11.1 EU residents and GDPR 

  1. If you are a resident of the European Union for the purposes of the General Data Protection Regulation (GDPR), then in addition to the matters above, the following applies to you.  Swopstakes is a data controller and processor for the purposes of the GDPR and by your consenting to this Privacy Statement Swopstakes is able to processes your Personal Data in accordance with this Privacy Statement.  Our Contact details are set out in paragraph 12 “Contact Us”, following. 
  2. If you are a Swopstakes user in the EU, you have the following rights with respect to Swopstakes' handling of your personal information.  To exercise these rights, please see below or submit your request by contacting us.

11.2 Explanation and copies of your data 

  1. You have the right to request an explanation of the information that Swopstakes has about you and how Swopstakes uses that information. 
  2. You also have the right to receive a copy of the information that Swopstakes collects about you if collected on the basis of consent or because Swopstakes requires the information to provide the services that you request. 

11.3 Correction 

If Swopstakes has information about you that you believe is inaccurate, you have the right to request correction of your information. 

11.4 Deletion

You may request deletion of their accounts at any time.  You may request deletion by contacting us.  We may retain certain information about you as required by law and for legitimate business purposes permitted by law. 

11.5 Objections 

If you are a resident in the EU, you have the right to object to Swopstakes' processing of personal data, including for marketing purposes based on profiling and/or automated decision making.  Swopstakes may continue to process your information notwithstanding the objection to the extent permitted under GDPR. 4. 

CONTACT US

If you have any other questions or comments about our privacy practices or this Privacy Policy, please contact our Privacy Officer at: 

Address: PO Box 33, Broadmeadow NSW 2292 

Email: [email protected]

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