Privacy policy

LCLN Pty Ltd Last updated: March 2020

1.We Respect Your Privacy

LCLN Pty Ltd ACN 165 550 596 and its Related Bodies Corporate or Associated Entities (as those terms are defined in the Corporations Act 2001 (Cth)) (LCLN Group, we, us and our) respects your privacy and is committed to protecting it. We comply with the Australian Privacy Principles and the Privacy Act 1988 (Cth) (Privacy Act), which govern the way private sector organisations collect, use, keep secure and disclose Personal Information.

The Privacy Act defines “Personal Information” to mean any information or an opinion about an identified individual, or an individual who is reasonably identifiable whether the information or opinion is true; and whether the information or opinion is recorded in a material form. If you are a resident of the European Union, we are required to comply with the GDPR (as defined in Section 11) in relation to your Personal Data (as defined in Section 11). There are also certain aspects of the privacy law applicable to our operations in the United States of America (Please refer to Section 12). This Privacy Policy sets out how we handle your Personal Information and Personal Data. If you have any concerns or questions, please contact us at the address set out in Section 10 and our privacy officer will resolve your concern or answer your question (residents of the European Union, refer to Section 11; resident of the United States of America, refer to Section 12). We recommend that you keep this information for future reference.

2.Kinds of Personal Information or Personal Data

We will only use or disclose your Personal Information or Personal Data (as applicable) for the primary purposes for which it was collected, or as consented to by you. At or around the time we collect Personal Information or Personal Data from you, we will endeavour to provide you with a notice which details how we will use and disclose that specific information. We set out some common collection, use and disclosure instances in the attached Schedule.

3.Collecting & Holding Personal Information or Personal Data

3.1.Collection generally

As much as possible or unless provided otherwise in this Privacy Policy or a notification, we will collect your Personal Information or Personal Data directly from you. We may collect your Personal Information or Personal Data from you in a variety of ways, including: by email, website, social media platforms, gaming platforms, blogs, forums and forms. When you engage in certain activities, such as filling out a survey, entering a competition or sending us feedback, we may ask you to provide certain information. It is completely optional for you to engage in these activities. 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 information or any other information, we require in order for us to provide our products or services to you, we may be unable to provide our products or services to you in an effective manner, or at all.

3.2.Other collection types

We may also collect Personal Information or Personal Data about you from other sources, such as: (a) when we collect Personal Information or Personal Data about you from third parties or competitions; or (b) when we collect Personal Information or Personal Data about you from publicly available sources including but not limited to, court judgments, directorship and bankruptcy searches, Australia Post, White Pages directory, and social media platforms (such as Facebook, Twitter, Google, YouTube, Instagram etc).

3.3.Notification of collection

If we collect details about you from someone else, we will, whenever reasonably possible, make you aware that we have done this and why, unless special circumstances apply, including the following circumstances: (a) where information is collected from any personal referee you have listed on any application form (including any employment application) with LCLN Group; (b) where information is collected from publicly available sources including but not limited to court judgments, directorship and bankruptcy searches, social media platforms (such as Facebook, Twitter, Google, Instagram etc); or (c) as otherwise required or authorised by law.

3.4.Unsolicited Personal Information or Personal Data

In the event we collect Personal Information or Personal Data from you, or a third party, in circumstances where we have not requested or solicited that information (known as unsolicited information), and it is determined by LCLN Group (in its absolute discretion) that the Personal Information or Personal Data is not required, we will destroy the information or ensure that the information is de-identified. However, where unsolicited Personal Information or Personal Data is collected in relation to your future potential employment with LCLN Group, we may keep this Personal Information or Personal Data.

3.5.How we hold your Personal Information or Personal Data

(a) Once we collect your Personal Information or Personal Data, we will either hold it securely and store it on infrastructure owned or controlled by us, or with a third-party service provider who has taken reasonable steps to ensure they comply with the Privacy Act. Refer to Section 8 (Data security and quality) for more information. (b) We may hold any Personal Information, Personal Data or personal information (as that term is defined in section 12) for as long as is necessary for the operator to fulfil the purpose for which such information was collected, and its legal obligations under any applicable law.

3.6.Cookies and IP addresses

If you use our website, we may utilise "cookies" which enable us to monitor traffic patterns, trends and to serve you more efficiently if you revisit our website. In most cases, a cookie does not identify you personally but may identify your internet service provider or computer. We collect the following cookies (this is not an exhaustive list): • Session ID – unique token, sessional to allow our third-party ecommerce provider to store information about your session; • Visit information – no data held, persistent for a set period each day to allow our third-party ecommerce provider to internally track site analytics; • Cart information – unique token, persistent for a set period during a fortnight to determine the contents of your card; • IP address – received and store as part our business activities and to assist us with any operational difficulties or support issues with our services. However, in some cases, cookies may enable us to aggregate certain information with other Personal Information or Personal Data we collect and hold about you. We extend the same privacy protection to your Personal Information or Personal Data, whether gathered via cookies or from other sources, as detailed in this Privacy Policy. 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. However, if you disable cookies, you may not be able to access certain areas of our websites or take advantage of the improved web site experience that cookies offer.

4.Using & Disclosing Personal Information or Personal Data

4.1.Using & Disclosing Personal Information or Personal Data

Use and disclosure details We provide a detailed list at Section 2 of some common uses and disclosures we make regarding the Personal Information or Personal Data we collect. We may also use or disclose your Personal Information or Personal Data 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 or Personal Data 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.

4.2. Use and disclosure procedures

In the event we propose to use or disclose such Personal Information or Personal Data other than for reasons set out in the above table at Section 2 or as otherwise outlined in this Privacy Policy, we will first notify you or seek your consent prior to such disclosure or use. Your Personal Information or Personal Data is disclosed to these organisations or parties only in relation to the products or services we provide to you or for a purpose permitted by this Privacy Policy. We take such steps as are reasonable to ensure that these organisations or parties are aware of the provisions of this Privacy Policy in relation to your Personal Information or Personal Data.

4.3.Communications opt-out

Communications opt-out If you have received communications from us and you no longer wish to receive those sorts of communications, you should contact us via the details set out in this document and we will ensure the relevant communication ceases. Any other use or disclosure we make of your Personal Information or Personal Data will only be as required or authorised by law or as permitted by this Privacy Policy or otherwise with your consent.

5.Direct Marketing

5.1.Express informed consent

You give your express and informed consent to us using your Personal Information or Personal Data set out in: (a) the “General enquiries” section of the table at Section 2 of this document above; and (b) the “Marketing and Competitions” and “Content Creation Services” section of the table at Section 2 of this document above, 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) which we consider may be of interest to you, whether by post, email, SMS, messaging applications and telephone (Direct Marketing Communications).

5.2.Inferred consent and reasonable expectations of direct marketing

Without limitation to paragraph 5.1, if you have provided inferred or implied consent (e.g. not opting out where an opt-out opportunity has been provided to you) or if it is within your reasonable expectation 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 or Personal Data for the purpose of sending you Direct Marketing Communications which we consider may be of interest to you.

5.3.Opt-out

If at any time you do not wish to receive any further Direct Marketing Communications from us or others under this Section 5, 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 Direct Marketing Communication or by contacting us via the details set out at the top of this document.

6.Anonymity and Pseudo-Anonymity

Due to the nature of the services we provide and goods we offer for sale, it is only practicable or reasonable for LCLN Group transact and correspond with you on a named basis. Your Personal Information or Personal Data may be required in order to provide you with our products and services, or to resolve any issue you may have.

7.Cross Border Disclosure

7.1.Cross border disclosures

Information collected by LCLN Group is primarily hosted by Google Drive and in some cases other secured online media repositories. Google stores data in secure data centres, including in the United States, or other countries in which Google or its agents maintain facilities. Owing to the cloud-based and online nature of the storage services provided, Google and other third-party providers LCLN Group uses to supply its services to you operate a global network of secure data centres in various countries outside Australia. As we use service providers and platforms which can be accessed from various countries via an Internet connection, it is not always practicable to know where your information may be held. If your information is stored in this way, disclosures may occur in countries other than Australia.

7.2.Provision of informed consent

By submitting your Personal Information or Personal Data to LCLN Group, you expressly agree and consent to the disclosure, transfer, storing or processing of this Personal Information or Personal Data inside and outside of Australia. In providing this consent, you understand and acknowledge countries outside Australia do not always have the same privacy protection obligations as Australia in relation to Personal Information or Personal Data. The Privacy Act requires us to take such steps as are reasonable in the circumstances to ensure that any recipients of your Personal Information or Personal Data 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. However, despite this, we acknowledge the importance of protecting Personal Information or Personal Data and have taken reasonable steps to ensure that your information is used by third parties securely and in accordance with the terms of this Privacy Policy.

7.3.If you do not consent

If you do not agree to the disclosure of your Personal Information or Personal Data outside Australia by LCLN Group, you should (after being informed of the cross-border disclosure) tell LCLN Group you do not consent. To do this, either elect not to submit the Personal Information or Personal Data to LCLN Group after being reasonably informed in a collection notification or please contact us via the details set out at the top of this document.

8.Data Security & Quality

8.1.LCLN Group’s security generally

We have taken steps to help secure and protect your Personal Information or Personal Data from unauthorised access, use, disclosure, alteration, or destruction. You will appreciate, however, that we cannot guarantee the security of all transmissions or Personal Information or Personal Data, especially where human error is involved or malicious activity by a third party. Notwithstanding the above, we will take reasonable steps to: (a) make sure that the Personal Information or Personal Data we collect, use or disclose is accurate, complete and up to date; (b) protect your Personal Information or Personal Data from misuse, loss, unauthorised access, modification or disclosure both physically and through computer security methods; (c) encrypt payment related information, through Payment Card Industry Data Security Standard (PCI-DSS), which may include encryption through secure socket layer technology (SSL) and storage with an AES-256 encryption (as may change from time to time); and (d) destroy or permanently de-identify Personal Information or Personal Data if it is no longer needed for its purpose of collection. Where your Personal Information or Personal Data is being collected by a third-party provider, such as payment gateway providers and other payment transaction processors, you should read the privacy policies of those third-party providers to understand how they collect, use, disclose and process your Personal Information or Personal Data.

8.2.Accuracy

The accuracy of Personal Information or Personal Data 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 or Personal Data; and (b) keep us up-to-date with changes to your Personal Information or Personal Data (such as your name or address). We provide information about how you can access and correct your information in Section 9.

9.Access to and Correction of Your Personal Information or Personal Data

You are entitled to have access to any Personal Information or Personal Data relating to you which we hold, except in some exceptional circumstances provided by law (including the Privacy Act 1988 (Cth)). You are also entitled to edit and correct such information if the information is inaccurate, out of date, incomplete, irrelevant or misleading. If you would like access to or correct any records of Personal Information or Personal Data we have about you, you are able to access and update that information (subject to the above) by contacting us via the details set out at the top of this document.

10.Resolving Privacy Complaints

10.1.Complaints generally

We have put in place an effective mechanism and procedure to resolve privacy complaints. We will ensure that all complaints are dealt with in a reasonably appropriate timeframe so that any decision (if any decision is required to be made) is made expeditiously and in a manner that does not compromise the integrity or quality of any such decision.

10.2.Contacting LCLN Group regarding complaints

If you have any concerns or complaints about the manner in which we have collected, used or disclosed and stored your Personal Information, please contact us: Email: PrivacyOfficer@LCLNGroup.com Address: Suite 5, 120 Bluestone Circuit, Seventeen Mile Rocks Qld 4073 Please mark your correspondence to the attention of the Privacy Officer.

10.3.Steps we take to resolve a complaint

In order to resolve a complaint, we: (a) will liaise with you to identify and define the nature and cause of the complaint; (b) may request that you provide the details of the complaint in writing; (c) will keep you informed of the likely time within which we will respond to your complaint; and (d) will inform you of the legislative basis (if any) of our decision in resolving such complaint. 10.4. Register of complaints We will keep a record of the complaint and any action taken in a Register of Complaints

11.GDPR

11.1.Definitions

In providing our products and services, or collecting and using your Personal Data, we are required to comply with the GDPR where you are a European Union resident. The following defined terms have the associated meanings: (a) “Data Subject” has the meaning attributed to that term in the GDPR. (b) “GDPR” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data, and repealing Directive 95/46/EC; and (c) “Personal Data” means the Personal Data (having the meaning attributed to that term in the GDPR) of the Data Subjects whose data is processed for the purposes of the provision of our retail services.

11.2.GDPR Obligations

If you are a resident of the European Union for the purposes of the GDPR, then in addition to what is set out in Sections 1 - 10 above, the following applies to you. Under the GDPR, LCLN Group is considered a “data processor” in the provision of its retail services to you. LCLN Group is considered a “data controller” under the GDPR only in terms of the Personal Data of LCLN Group’s EU resident employees. In addition to your rights of access and correction as set out above, as a Data Subject you may: (a) (access) request access to your Personal Data held by LCLN Group; (b) (rectification) request to update or rectify any of the Personal Data that we hold about you by contacting us at the details specified above and request Personal Data updates; (c) (erasure) withdraw your consent to LCLN Group’s use of your Personal Data as described in this policy by deletion or erasure of your Personal Data that we hold where that data is no longer required for the purpose for which it was collected; (d) (restriction on processing) obtain from the controller (usually, this is your employer) a restriction on processing of your Personal Data where: (1) accuracy of the Personal Data is contested; (2) the processing by the processor is unlawful (and you oppose erasure but request restriction of use); (3) LCLN Group no longer needs your Personal Data; or (4) you have objected to processing pursuant to your right to object under Article 21(1) of the GDPR; (e) (data portability) request that LCLN Group: (1) provides you with a copy of the Personal Data that LCLN Group holds about you in a portable and machine-readable form; or (2) share your Personal Data with a nominated third party.

11.3.Exercising Data Subject rights

If you wish to exercise any of your Data Subject rights, then please send your request in writing to the details above in section 10.2. We will process your request promptly and, in any event, within one month of receipt of receiving it.

11.4.Complaints

If you have any concerns in relation to LCLN Group’s collection or processing of your Personal Data, then you also have a right to complain to a supervisory authority (within the meaning of the GDPR).

12.United States Privacy Requirements

12.1.Privacy

If you are a resident or citizen of the United States of America, then in addition to the content set out in Sections 1 - 10 above, the following may apply to you.

12.2.Children’s privacy

(a) In this section 12, the terms ‘personal information’, ‘child’, ‘collection’, ‘disclose’ and ‘parent’ shall have the meaning attributed to those terms under Part 312 of the Code of Federal Regulations concerning Children’s Online Privacy Protection Rule (COPPA). (b) LCLN Group: (1) may collect personal information from children who voluntarily provide it to us when they interact with it on its website, YouTube channels, other gaming platforms and social media in the same manner as detailed in the “General enquiries”, “Marketing and Competitions” and “Content Creation Services” (other than for involvement in such content) columns in the table above at section 2; (2) will never seek, ask or solicit personal information from children; (3) uses and discloses personal information collected from children in the same manner as detailed above in section 4 of this policy and to its third party providers that assist us by performing a business, professional or technical support function, other than to the extent it would be inappropriate to do so or LCLN Group is prohibited to do so under and applicable law, where that information relates to a child. (c) We provide the following mechanisms by which parents may consent to, review and refuse the supply of personal information of the child supplied to, used by or disclosed by us: in any instance where we determine a person is 12 years of age or under, we will ask for a parent or guardian email address before we collect any personal information from the child. If you believe your child is participating in an activity that collects personal information and you or another parent / guardian have NOT received an email providing notice or seeking your consent, please contact us at PrivacyOfficer@LCLNGroup.com. (d) LCLN Group maintains the security procedures and protocols listed in section 8 of the policy in respect of the personal information of children collected by LCLN Group.

13.Consent, Modifications and Updates

13.1.Interaction of this Policy with contracts

This Privacy Policy is a compliance document prescribed by law rather than a legal contract between two or more persons. However, certain contracts may incorporate all, or part, of this Privacy Policy into the terms of that contract. In such instances, LCLN Group may incorporate the terms of this policy such that: (a) certain sections or paragraphs in this policy are incorporated into that contract, but in such a way that they do not give rise to contractual obligations onto LCLN Group, but do create contractual obligations on the other party to the contract; and (b) the consents provided in this policy become contractual terms provided by the other party to the contract.

13.2.Acknowledgement

By using our website, accessing our social media platforms, purchasing a product or service from LCLN Group, where you have been provided with a copy (or a link to access a copy) of our Privacy Policy or have otherwise had a copy of our Privacy Policy reasonably available to you, you are acknowledging and agreeing: (a) to provide the consents given by you in this Privacy Policy; and (b) that you have been informed of all of the matters in this Privacy Policy

13.3.Modifications and updates

We reserve the right to modify our Privacy Policy as our business needs require. We will take reasonable steps to notify you of such changes (whether by direct communication or by posting a notice on our website). If you do not agree to our continued use of your Personal Information or Personal Data due to the changes in our Privacy Policy, please cease providing us with your Personal Information or Personal Data and contact us via the details set out at the top of this document.

Schedule - Common collection, use and disclosure instances

Purpose: General enquiries

Type of information: Contact information: Such as your name, company name, email address, age and address. Other personal information volunteered by you in the content of your enquiry (whether online or engaging with us through our social media platforms). Online Accounts: any personal and user information you make available to us in interacting with our YouTube, Fortnite, Minecraft or other accounts, as well as other social media accounts on platforms including Instagram, Twitter and Facebook.

Uses: The uses we will make of Personal Information or Personal Data collected for this purpose include, without limitation: (a) Marketing: using your Personal Information or Personal Data for the purposes set out in “Marketing and Competitions” and “Content Creation Services” sections below. (b) Competitions: using your Personal Information or Personal Data in order to provide prizes to competition participants. (c) General administrative and security use: (i) To protect LCLN Group’s websites from security threats, fraud or other criminal activities. (ii) The use for the administration and management of LCLN Group. (iii) For LCLN Group’s marketing and customer base analytics. (iv) The maintenance and development of our products and services, business systems and infrastructure. (v) In connection with the sale of any part of LCLN Group’s business or a company owned by a LCLN Group entity.

Type of disclosures: The types of disclosures we will make of Personal Information or Personal Data collected for the type of purposes listed include, without limitation, to: (a) Service providers (including IT service providers and consultants) who assist LCLN Group in providing our products and services. (b) Related Bodies Corporate or Associated Entities of LCLN Group (including related entities). (c) Third parties in connection with the sale of any part of LCLN Group’s business or a company owned by a LCLN Group entity. (d) Other parties as required or authorised by law.

Purpose: Merchandise and in-game sales

Type of information: (1) Contact and identifying information: Such as your name, shipping address, billing address (if different to shipping address), email address, and phone numbers. If you are a minor who is using PayPal, Shopify, Tebex or any other payment account of an adult, you may be required to supply or LCLN Group may be supplied with by its third-party providers, such equivalent information as noted above about the owner of that account. Other personal information volunteered by you during the sales process. (2) Transaction Sales: To the extent relevant to your transaction, we will collect or our third-party providers will collect and we may receive a disclosure of: (a) Delivery information. (b) Billing and account details. (c) Payment card details. (3) Customer Service: Any personal information collected in connection with a sale by our customer services department in processing and addressing your enquiry.

Uses: The uses we will make of Personal Information or Personal Data collected for this purpose include, without limitation: (1) Payments: The processing of any payments and refunds (if applicable), credit card authorisation, verification and debt collection. (2) Online Accounts: If you create an account with LCLN Group and you provide us your Personal Information or Personal Data for this collection purpose, we will use it for: (a) Processing of account transactions. (b) Customer service-related contact. (c) The uses listed under “Content Creation Services”. (d) General administrative and security use as detailed in the Uses category for “General enquiries”. (3) Marketing as detailed in the Uses column for “Marketing and Competitions”. (4) Where such personal information is supplied to us from a third party, we do not intend to use or disclose such information.

Disclosure: The types of disclosures we will make of Personal Information or Personal Data collected for the type of purposes listed include, without limitation, to: (1) Our contractors, agents and third-party providers who undertake billing and credit services on our behalf. (2) Third party providers connected with the sales process including ecommerce (such as, Shopify Inc.) and payment gateway providers who assist us in providing our products and services to you. (3) Third parties, such as external debt recovery agents, court or other entities to which we are required by law to disclose Personal Information or Personal Data. (4) The parties listed in the Disclosure column for “General enquiries”.

Purpose: Marketing and Competitions

Types of Information: (a) Contact information: Such as your name, email address, postal address, age, gender, handle or user account information on a platform or social media page. (2) Any other personal information you provide to us within competition entries. Uses: (a) General marketing: using your Personal Information or Personal Data: (a) To aggregate with other information and to then use it for marketing. (b) To offer you updates on products, events or information that may be of interest to you. (2) For marketing and promotional activities by us (including by direct mail, telemarketing and email) such as our email alerts, product awareness information and newsletters. (3) For the Uses detailed above in “General enquiries”. (4) Competitions: contacting you in relation to your entry, to let you know if you are a winner and monitoring of entrant types.

Disclosure: We may disclose your Personal Information or Personal Data to: (1) Third parties connected with the marketing process who assist us in providing our products and services to you. (2) The parties listed in the Disclosure category for “General enquiries”.

Purpose: Content Creation Services

Types of Information: (1) Contact information: Such as your name, email address, gender, handle or user account information on a platform or social media page. (2) Online blogs/forums: Personal Information or Personal Data collected as a result of your interactions with, or posts about, us on blogs and forums online such as: (a) User account information such as username and password and other contact information. (b) Any other Personal Information or Personal Data contained in the content you post. (3) Social media activity: Personal Information or Personal Data collected as a result of your interactions with, or posts about, us on social media, including “likes”, comments posted, any of your oppositions or feedback, photos posted or uploaded, and other information pertaining to your social media activities which concern, or relate, to LCLN Group. Locations include but are not limited to: (a) YouTube comments, Twitter posts, Instagram, Facebook, Discord, competition platforms including Gleam, Google forms. (b) Feedback and surveys: Any contact and identifying information provided to us as part of submitting any feedback or completing surveys for us, as well as any other Personal Information or Personal Data you volunteer as part of your feedback or survey answers.

Uses: The uses we will make of Personal Information or Personal Data collected for this purpose include, without limitation: (1) General consumer analytics: To aggregate with other information and to then use it for consumer analytics. (2) For individuals featured in the content: To generate and promote the content concerning gaming, the Lachlan Power brand and its goods and services. (3) Online accounts or social media: If you create an account with LCLN Group or participate in our social media platforms (such as Facebook, Twitter and Instagram) and you provide us your Personal Information or Personal Data, we will use it for: (a) adding account holders to the marketing database. (b) Customer service-related contact. (c) Responding to social media messages. (d) Fulfilling social media platform rules. Disclosure: We may disclose your Personal Information or Personal Data to: (a) Third parties who assist us in providing our products and services to you. (b) The parties listed in the Disclosure column for “General enquiries”.