FUNLAB PRIVACY POLICY


1. FUNLAB PRIVACY POLICY INTRODUCTION 
FUNLAB NEW ZEALAND LIMITED  and its subsidiaries and related entities (as those terms are defined in the Companies Act 1993)) (“Funlab” “we” “our” or “us”) operate a variety of entertainment businesses throughout various countries, including New Zealand. Through these operations, Funlab from time to time gathers information from Customers and other parties with whom we deal for a variety of reasons including, in particular, to enable us to improve the nature of the services we provide.
We understand individuals' concerns regarding confidentiality and take seriously our obligations in respect of all information we gather. To safeguard that information, Funlab has implemented a program to ensure compliance with the Privacy Act 1993 (“Act’) and the Information Privacy Principles (“IPPs”) contained within it. This Privacy Policy outlines how Funlab deals with Personal Information under the Act. 

2. WHY FUNLAB COLLECTS PERSONAL INFORMATION 
2.1 Nature of Information 
The information we collect in most cases relates to Customers but can relate to suppliers, our subcontractors and other parties we deal with (for the purposes of this Privacy Policy all such people are described as “Customers” or “you”). Information is gathered for a range of primary purposes, including the provision of ongoing customer support and the compiling of customer databases to enable us to more accurately market our goods and services. The type of information we collect includes things such as contact details, buying habits, opinions, product preferences and transactional details. Funlab treats all such information which is collected and identifiable as relating to an individual as Personal Information. It is this information which is described as “Personal Information” for the purposes of this Privacy Policy.

2.2 Collection of Information 
As a provider of a wide range of services, Funlab frequently finds that it is necessary to collect Personal Information during the course of transactions. In accordance with the IPPs, where practical, Personal Information may be collected about Customers via the following means:
(a) competition entry forms; 
(b) application forms (including online applications to access Wi-Fi internet at some of Funlab’s subsidiaries’ entertainment precincts);
(c) Funlab’s contractors, in relation to services operated by Funlab in conjunction with such contractors; 
(d) email;
(e) websites (social media sites; eg Linked In - and in some instances cookies); 
(f) online transactions;
(g) networking functions (eg: business cards); 
(h) over the phone;
(i) credit card details via credit card purchases on our payment platforms; and 
(j) Information collected from third parties.
In all cases, Funlab will only collect Personal Information by lawful and fair means and where necessary, and not in an unreasonably intrusive way. 

2.3 Information given to Customers 
At or before the time Funlab collects Personal Information about an individual (or if that is not possible, as soon as practicable after the collection of the Personal Information), Funlab will advise the Customer as to: 
(a) our identity and contact details;
(b) the fact that he or she is able to gain access to the information including how to access and seek correction of such information; 
(c) the purpose for which the information is collected;
(d) the organisations to which their Personal Information may be disclosed; 
(e) any law that requires the Personal Information to be collected;
(f) the key consequences if all or some of the information cannot be collected; 
(g) how to make a complaint about Funlab’s handling of the Customer’s personal information and how Funlab will deal with the complaint; and
(h) whether Funlab is likely to disclose personal information about the individual to overseas recipients and, if it is practicable, the country such recipients are likely to be located. If it is reasonable and practicable to do so, we will collect Personal Information about  a Customer only from that customer. Where we collect Personal Information about a Customer from a third party, and the Customer has not previously authorised to that third party providing the information to us, we will take such steps that are reasonable and practicable to ensure that the Customer is or has been made aware of the information about their Personal Information listed in this point 2.3. We request that individuals obtain the authorisation of the person or otherwise comply with any relevant privacy legislation before providing us with any Personal Information about that person. 

2.5 Customer authorisation  
Wherever required by the Act, Funlab will obtain the express authorisation of Customers to the collection of Personal Information. 

2.6 What happens if Personal Information is not provided?
Where relevant, Funlab will endeavour to make Customers aware that Funlab may not be able to provide a proper service to them if Personal Information is not provided upon request.

3. USE & DISCLOSURE
3.1 Funlab may use and disclose the Personal Information it collects for the primary purposes for which such information was collected as set out in point 2.1 of this policy and for directly related purposes. This may include using and disclosing Personal Information to individuals and other organisations such as our staff, outsourced service providers, marketing and market research advisors and payment platforms. 
3.2 Funlab will not use or disclose Personal Information about an individual for a different purpose (“the secondary purpose”) other than the primary purpose of collection unless: 
(a) both of the following apply:
(i) the secondary purpose is directly related to the primary purpose of collection; and 
(ii) the individual would reasonably expect Funlab to use or disclose the information for the secondary purpose- for example, we may disclose your Personal Information to an entity or individual in order to assist us to meet the primary purposes for which we collected your information;
(b) the individual has authorised the use or disclosure; 
(c) it is unreasonable or impracticable for Funlab to obtain the individual’s authorisation and Funlab reasonably believes that the use or disclosure is necessary to lessen or prevent:
(i) a serious threat to an individual’s life, health or safety; or 
(ii) a serious threat to public health or public safety;
(d) Funlab has reason to suspect that unlawful activity or misconduct of a serious nature that relates to Funlab’s activities or functions has been, is being or may be engaged in, and we use or disclose the Personal Information as a necessary part of our investigation of the matter or in reporting our concerns to relevant persons or authorities; 
(e) the use or disclosure is required or authorised by or under law or a court or tribunal order;
(f) Funlab reasonably believes that the use or disclosure is reasonably necessary for one or more enforcement activities conducted by, or on behalf of, an enforcement body; 
(g) Funlab reasonably believes that the use or disclosure is reasonably necessary to assist an IPP entity, body or person to locate a person who has been reported missing;
(h) in each direct marketing communication with the Customer, Funlab draws to the Customer’s attention, or prominently displays a notice, as to how the Customer may make a request to not receive any further direct marketing communications;
(i) each written direct marketing communication by Funlab with the individual (up to and including the communication that involves the use) sets out Funlab’s business address and telephone number and, if the communication with the individual is made by fax or other electronic means, a number or address at which Funlab can be directly contacted electronically; and 
(ii) the individual has not made a request of Funlab to not receive direct marketing communications from Funlab. 

3.3 Data Quality
Funlab takes reasonable precautions to ensure that the personal information it collects, uses and discloses is accurate, complete, relevant and up-to- date. However, the accuracy of that information depends to a large extent on the information customer’s provide. That's why we recommend that customers: 
(a) let us know if there are any errors in your personal information; and
(b) keep us up-to- date with changes to their Personal Information such as their name or address. The Customer may change their personal details by using the relevant facility on our website or by contacting us care of the contact details provided in point 10. 

3.4 Data Security 
(a) Funlab will take reasonable steps to protect the Personal Information from misuse, interference, loss and unauthorised access or disclosure. This may include taking reasonable steps to destroy or permanently de-identify personal information once it is no longer needed for any purpose for which the information may be used or disclosed.  Funlab will only retain personal information for as long as is required for the purposes for which it may properly be used in accordance with this Privacy Policy.
(b) We use cookies and similar technologies (such as web beacons, device identifiers, pixels and ad tags) to: 
(i) recognise you and track your activity across different sites and devices;
(ii) collect information about the way that you use Funlab Sites; 
(iii) support the features and functionality of the Funlab Sites; 
(iv) personalise your experience when you use them; and 
(v) determine interest in particular topics on our Sites and improve the effectiveness of our communications. 

Cookies are small text files containing information that is sent to us from your computer or mobile device. They are unique to your account or browser. 
(c) You can control cookies and other technologies in your browser settings. You can also disable or block the use of cookies and similar technologies that track your behaviour on the websites of others for third party advertising. If you reject our cookies, you may still use our Sites, but your ability to use some of their features or functionality may be limited. 
(d) We also use the Google Analytics service to understand and optimise user experience. The Google Analytics service will issue cookies from its own servers and which will be able to track visitors throughout our Sites. For more information on how Google Analytics collects and processes data, please click https://policies.google.com/technologies/partner-site. Please also refer to Google's Privacy Policy for more information. 
(e) Funlab requires its employees and contractors to perform their duties in a manner that is consistent with Funlab’s legal responsibilities in relation to privacy, including those in this Privacy Policy. We note that we take reasonable steps to ensure that Personal Information is only accessible by people who have a genuine "need to know" as well as "right to know."
3.5 Accessing and Correcting Personal Information
(a) Subject to certain exceptions within the Act, Funlab will permit records containing the Customer’s Personal Information to be accessed by a Customer when the Customer contacts us c/o the contact details at point 10 below. We may, however, refuse to provide the Customer with access to its Personal Information in accordance with the Act if, for example, granting the Customer such access would pose a serious threat to the Customer’s life or to the health and safety of any individual or have an unreasonable impact on the privacy of any other individual. 
(b) If the Customer believes that the Personal Information we hold about the Customer is incorrect, incomplete or inaccurate, then the Customer may request us to amend it. We will consider if the information requires amendment. If we do not agree that there are grounds for amendment, then we will add a note to the Personal Information stating that the Customer disagrees with it.
(c) If the Customer: 
(i) wishes to lodge a request to access and/or correct its Personal Information; or
(ii) has been refused access to its Personal Information by us for any reason described in this Policy and the Customer wishes to challenge that refusal; the Customer may do so by contacting our Privacy Officer as per the details in point 10 below. The procedure for challenging such a refusal is also set out in point 10 below. 
(d) We will not normally charge a fee for processing an access request unless the request is complex or is resource intensive. We do, however, reserve the right to charge an administration fee if an individual requests access to their personal information more than once in a three month period.
(e) Where we offer online account management facilities, customers can use this capability to control aspects of their account, including amending or updating certain personal information. 

4. MINORS 
Where Funlab is aware that it is gathering information from a minor, Funlab will obtain authorisation from a legal guardian for the collection of the information. 

5. COMPETITIONS
Personal information gathered during competitions or any other means where your Personal Information is provided to us via one of the websites run by Funlab will be governed by the principles set out in this Privacy Policy unless an express statement is made in relation to privacy in the conditions of entry for the competition or on the relevant website. 

6. OPENNESS 
The office of Funlab’s Privacy Officer will be the first point of contact for inquiries about privacy issues. If you wish to make an inquiry or complaint regarding privacy you should do so by contacting this office as per the details in Point 10.

7. STAYING ANONYMOUS
(a) We will not make it mandatory for visitors to our website to provide personal information unless such information is required to answer an inquiry or provide a service. We may, however, request visitors to provide personal information voluntarily to us (for example, as part of a competition or questionnaire). 
(b) We will allow our customers to transact with us anonymously or by using a pseudonym wherever that is reasonable and practicable.

8. LOCATION OF COLLECTION AND HOLDING OF INFORMATION, AND TRANSFERRING INFORMATION OVERSEAS
In accordance with clause 2.3 above, the information we collect from you will be held by Funlab in Australia at 90-94 Nicholson Street, Abbotsford Victoria 3067 .
(b) We will only transfer personal information about an individual to someone who is in New Zealand or another country if we have notified you that this will occur in accordance with clause 2.3, or the individual authorises the transfer. 
 
 9. CHANGES TO THE PRIVACY POLICY
We may update this Privacy Policy at any time and from time to time. Any changes will be effective when posted on this website. Your continued use of the website will indicate your acceptance of any changes to the Privacy Policy. All personal information, collected both before and after any changes take effect, will be subject to the terms of the revised policy (for which you will be taken to have provided authorisation) unless you indicate otherwise by contacting the office Funlab’s Privacy Officer as per the details in Point 10. We urge you to refer back to this page regularly and especially prior to providing us with any personal information. 

10. CONTACT US 
If you have any questions about this privacy policy, any privacy related dealings with us or a possible breach of your privacy or would like further information about our information management practices, you can contact Funlab’s Privacy Officer, care of the following details:
Privacy Officer 
Funlab New Zealand Limited
Tenancy I, 204 Quay Street, Auckland Central
Auckland, 1010, NEW ZEALAND
Once the Privacy Officer receives a complaint from you, the Privacy Officer will within a reasonable time after receiving the complaint begin investigating the complaint. In investigating the complaint the officer may use additional resources within our organisation to determine the nature of the complaint. We may contact you during this investigation if necessary. If a breach is found, the Privacy Officer will escalate the matter to management to ensure that the process which caused the breach is remedied. We will also contact you to inform you of the outcome of the investigation within a reasonable time after the conclusion of the same. We will treat your complaint during the investigation period confidentially and aim to resolve your complaint in a timely fashion and a satisfactory manner. Further information on privacy can be obtained from the Privacy Commissioner at www.privacy.org.nz. 

This policy was last updated on 15/10/2018