Privacy Policy
M Gamer Pty Ltd (ABN 29 095 491 633) and its Related Bodies Corporate (Gamer).
In this privacy policy, the expressions “Gamer”, “we”, “us” and “our” are a reference to M Gamer Pty Ltd (ABN 29 095 491 633) and its Related Bodies Corporate (as defined by s9 of the Corporations Act 2001 (Cth)).
This privacy policy applies to personal information collected by us. We are bound by the Privacy Act 1988 (Cth), which governs the way private sector organisations collect, use, keep secure and disclose personal information.
If you have any concerns about the manner in which your personal information has been collected, used or disclosed by us, we have put in place an effective mechanism and procedure for you to contact us so that we can attempt to resolve the issue. We can be e-mailed at contact@gamer.com.au or write to us PO Box 312, Archerfield Qld 4108 and our privacy officer will then attempt to resolve the issue.
We recommend that you keep this information for future reference.
1. What is personal information?
The Privacy Act defines “personal information” to mean information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent or can be reasonably ascertained, from the information or opinion.
2. What is Sensitive Information?
2.1 Sensitive information is a subset of personal information. It means information or opinion about an individual's racial or ethnic origin, political opinions, membership of a political organisation, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual preferences or practices or health information about an individual.
2.2 In general, we attempt to limit the collection of sensitive information we may collect from you, but depending on the uses you make of our products this may not always possible and we may collect sensitive information from you in order to carry out the services provided to you. However, we do not collect sensitive information from you without your consent.
3. Collection of your personal information
3.1 We only collect personal information that is necessary for what we do. The type of information we may collect from you includes (but is not limited to) the following:
(a) if you submit an enquiry with us:
(1) your full name (first and last);
(2) your email address;
(3) whether your enquiry relates to Brisbane, Melbourne or Perth; and
(4) any other details you offer in the body of your enquiry;
(b) for our individual customers:
(1) your contact information such as full name (first and last), e-mail address, current postal address, delivery address (if different to postal address) and phone numbers;
(2) your opinions via surveys and questionnaires, if applicable, including but not limited to your views on the products offered by Gamer;
(3) details relating to the products you have obtained from us;
(4) if you are requesting products or services from us or we are purchasing goods or services from you, then any relevant payment or billing information (including but not limited to bank account details, credit card details, billing address, repayment information and invoice details); and
(5) your username and password to access your online account on our website;
(c) for our business customers:
(1) the details specified for our retail customers in paragraph 3.1(a);
(2) your business details, and contact details of your personnel;
(d) for persons engaged by us:
(1) details relating to your employment or engagement and performance related information (if applicable);
(2) contact information: such name, e-mail address, current postal and residential address, phone numbers, country of residence, next of kin contact details;
(3) CV, resume or application related information: such as the details provided in your resume or CV, your eligibility to work in Australia, your education, previous employment details, professional memberships or trade qualifications; and
(4) tax, superannuation and payroll information: Such as your Tax File Number and ATO Declaration, Superannuation details and financial institution details.
3.2 As much as possible or unless provided otherwise under this privacy policy, we will collect your information directly from you. Except as otherwise provided by paragraph 4.3, if we collect details about you from someone else, we will, whenever reasonably possible, make you aware that we have done this and why.
3.3 When you engage in certain activities, such as entering a contest or promotion, filling out a survey or sending us feedback, we may ask you to provide certain information. It is completely optional for you to engage in these activities.
3.4 Depending upon the reason for requiring the information, some of the information we ask you to provide may be identified as mandatory or voluntary. If you do not provide the mandatory data or any other information we require in order for us to provide our services to you, we may be unable to effectively provide our services to you.
3.5 To the extent practicable and reasonable, we will endeavour to provide you with the option of dealing with Gamer on an anonymous basis or through the use of a pseudonym. However, there may be circumstances in which it is no longer practicable for Gamer to correspond with you in this manner and your personal information may be required in order to provide you with our products and services or to resolve any issue you may have.
3.6 If you use our website, we may utilise “cookies” which enable us to monitor traffic patterns and to serve you more efficiently if you revisit the site. A cookie does not identify you personally but it does identify your computer. You can set your browser to notify you when you receive a cookie and this will provide you with an opportunity to either accept or reject it in each instance.
3.7 We may gather your IP address as part of our business activities and to assist with any operational difficulties or support issues with our services. This information does not identify you personally.
4. How we may use and disclose your personal information
4.1 We will only use or disclose your personal information for the primary purposes for which it was collected or as consented to and/or as set out below.
4.2 You consent to us using and disclosing your personal information to facilitate the purpose for which your personal information was collected, including:
(a) enabling us to consider and respond to your enquiry;
(b) for our individual and business customers:
(1) if required, the verification of your identity;
(2) the creation of an online account for you on our website;
(3) the provision of our goods and services to you, including but not limited to the delivery of our goods to you;
(4) the administration and management of our goods and services, including charging, billing, credit card authorisation and verification, checks for financial standing, credit-worthiness (including but not limited to undertaking an assessment for credit loss and obtaining credit references from the trade references which have been nominated by you on your credit application form with Gamer), fraud and collecting debts;
(5) the improvement of our services (including to contact you about those improvements and asking you to participate in surveys about the goods and services);
(6) the maintenance and development of our goods and services, products, business systems and infrastructure;
(7) marketing and promotional activities by us and our related bodies (including by direct mail, telemarketing, email, SMS and MMS messages) such as our customer loyalty programs and newsletters;
(8) to provide customer service functions, including handling customer enquiries and complaints;
(9) to offer you updates, or other content or products and services that may be of interest to you; and
(10) to set up your personal or business account with us (as applicable);
(c) for persons engaged by us:
(1) background checks and verification of your identity; and
(2) administration, performance monitoring and management;
(d) our compliance with applicable laws;
(e) the sale, and matters in connection with a potential sale, of our business or company to a third party; and
(f) any other matters reasonably necessary to continue to provide our products and services to you.
4.3 You acknowledge and agree that we may obtain personal information from the trade references nominated by you on your credit application form with Gamer. We may also disclose personal information to third parties where you have nominated Gamer as a trade reference. You also acknowledge that, if a third party nominates you as a trade referee, we will collect personal information about you from that third party without notice to you.
4.4 We may also use or disclose your personal information and in doing so we are not required to seek your additional consent:
(a) when it is disclosed or used for a purpose related to the primary purposes of collection detailed above and you would reasonably expect your personal information to be used or disclosed for such a purpose;
(b) if we reasonably believe that the use or disclosure is necessary to lessen or prevent a serious or imminent threat to an individual's life, health or safety or to lessen or prevent a threat to public health or safety;
(c) if we have reason to suspect that unlawful activity has been, or is being, engaged in; or
(d) if it is required or authorised by law (including but not limited to regulatory bodies such as the Australian Securities and Investment Commission).
4.5 In the event we propose to use or disclose such personal information other than for reasons in paragraphs 4.1-4.4 above, we will first seek your consent prior to such disclosure or use.
4.6 If you have received communications from us and you no longer wish to receive those sorts of communications, you should contact us by e-mail at contact@gamer.com.au or write to us at PO Box 312, Archerfield, Qld 4108 and we will ensure the relevant communication ceases. Any other use or disclosure we make of your personal information will only be as required by law or as permitted by the Privacy Act or by this privacy policy or otherwise with your consent.
5. The types of organisations to which we may disclose your personal information
5.1 We may disclose your personal information to organisations outside of Gamer. Examples of organisations and/or parties that your personal information may be provided to include:
(a) offshore service providers, if any;
(b) related entities and subsidiaries of Gamer;
(c) our contractors and agents;
(d) those trade references you have nominated on your credit application form; and
(e) as required or authorised by law.
5.2 Where you are engaged by us, we may also disclose your personal information to:
(a) a relevant superannuation company;
(b) Government agencies, including but not limited to The Australian Taxation Office, Centrelink and Child Support Agency;
(c) relevant Worker's Compensation organisation (e.g. WorkCover etc.);
(d) third party referees provided by you in connection with an application made to Gamer;
(e) service providers (including IT service providers and payroll providers), if any;
(f) recruitment agents used in connection with your application with us;
(g) third parties in connection with the sale of any part of Gamer's business or a company owned by a Gamer entity;
(h) third party parties in connection with obtaining any background checks, pre-employment screening;
(i) financial institutions for payroll purposes; and
(j) as required or authorised by law.
5.3 Your personal information is disclosed to these organisations and/or parties only in relation to the goods or services we provide to you or for a purpose permitted by this privacy policy.
5.4 We take such steps as are reasonable to ensure that these organisations and/or parties are aware of the provisions of this privacy policy in relation to your personal information.
6. Direct Marketing
6.1 You expressly consent to us using your personal information, including any email address you give to us, to provide you with information and to tell you about our products, services or events or any other direct marketing activity (including third party products, services, and events) when you are an individual or a business customer of ours (Direct Marketing Communications) which we consider may be of interest to you.
6.2 Without limitation of paragraph 6.1, if it is within your reasonable expectations that we send you Direct Marketing Communications given the transaction or communication you have had with us, then we may also use your personal information for the purpose of sending you Direct Marketing Communications which we consider may be of interest to you.
6.3 If at any time you do not wish to receive any further Direct Marketing Communications from us, you may ask us not to send you any further information about products and services and not to disclose your information to other organisations for that purpose. You may do this at any time by using the “unsubscribe” facility included in the email or by contacting us at contact@gamer.com.au or writing to us at PO Box 312, Archerfield, Qld 4108.
7. Cross Border Disclosure
7.1 Any personal information provided to Gamer may be transferred to, and stored at, a destination outside Australia, including but not limited to the United States of America, where we may utilise overseas data and website hosting facilities or have entered into contractual arrangements with third party service providers to assist Gamer with providing our goods and services to you. Personal information may also be processed by staff or by other third parties operating outside Australia who work for us or for one of our suppliers, agents, partners or related companies.
7.2 By submitting your personal information to Gamer, you expressly agree and consent to the disclosure, transfer, storing or processing of your personal information outside of Australia. In providing this consent, you understand and acknowledge that countries outside Australia do not always have the same privacy protection obligations as Australia in relation to personal information.
7.3 The Privacy Act requires us to take such steps as are reasonable in the circumstances to ensure that any recipients of your personal information outside of Australia do not breach the privacy principles contained within the Privacy Act. By providing your consent, under the Privacy Act, we are not required to take such steps as may be reasonable in the circumstances.
7.4 If you do not agree to the transfer of your personal information outside Australia, please do not supply us with your personal information, or contact us by email at contact@gamer.com.au or write to us at PO Box 312, Archerfield, Qld 4108.
8. Data quality and security
8.1 We have taken steps to help ensure your personal information is safe. You will appreciate, however, that we cannot guarantee the security of all transmissions or personal information, especially where the Internet is involved.
8.2 Notwithstanding the above, we will take reasonable steps to:
(a) make sure that the personal information we collect, use or disclose is accurate, complete and up to date;
(b) protect your personal information from misuse, loss, unauthorised access, modification or disclosure both physically and through computer security methods; and
(c) destroy or permanently de-identify personal information if it is no longer needed for its purpose of collection.
8.3 However, the accuracy of personal information depends largely on the information you provide to us, so we recommend that you:
(a) let us know if there are any errors in your personal information; and
(b) keep us up-to-date with changes to your personal information (such as your name or address).
8.4 Under the notifiable data breaches scheme that commenced from 22 February 2018 we are required to provide by Australian Information Commission with a Notifiable Data Breach statement when an eligible data breach occurs. If an eligible data breach occurs in respect of the personal information we hold about you, we will notify you directly or publish a statement on our website.
9. Access to and correction of your personal information
9.1 You are entitled to have access to any personal information relating to you which we possess, except in some exceptional circumstances provided by law. You are entitled to edit or delete such information unless we are required by law to retain it or permitted to retain it in accordance with this privacy policy. However, we may keep track of past transactions for our accounting and audit requirements. Furthermore, it may be impossible to completely delete your information because some information may remain as backups.
9.2 If you would like access, delete, or correct any records of personal information we have about you, you are able to access, update and delete that information (subject to the above) by contacting our Privacy Officer at contact@gamer.com.au or write to us at PO Box 312, Archerfield, Qld 4108. We reserve the right to charge a fee for searching for and providing access to your information.
10. Consent
10.1 If you wish to raise a complaint with us in regard to the way that we have handled your personal information or otherwise have any concerns, please write to us at contact@gamer.com.au or write to us at PO Box 312, Archerfield, Qld 4108. We will take steps to handle and resolve your complaint.
10.2 By using our website or by accepting the terms of one of our terms and conditions which refer to this privacy policy, you are agreeing to the terms of this privacy policy.
10.3 We reserve the right to modify our privacy policy as our business needs require. We will notify you of such changes (whether by direct communication or by posting a notice on our website), after which, your continued use of our products, services or website or your continued dealings with us shall be deemed to be your agreement to the modified terms.
