Privacy Policy

Date of Last Revision: August 2020

When you use aqtiv, you trust us with your information. We are committed to keeping that
trust. That starts with helping you understand our privacy practices.
This policy describes the information we collect, how it is used and shared, and your choices
regarding this information. We recommend that you read these key points about our privacy
practices (including what information we collect, when we collect it, and how we use it).

INTRODUCTION

aqtiv Pty Ltd (ACN 62 628 658 524) - Ground Floor, 100 George St, Parramatta NSW 2150
and its subsidiaries, related bodies corporate and affiliates (‘aqtiv’, ‘us’ or ‘we’) are providers
of sports participation, sponsorship, communication and social media products and services.
We recognise and value the importance of protecting the privacy of our customers and other
parties with whom we deal.
aqtiv supplies a range of services to our customers, including through providing access to
the aqtiv application (which may be accessed via smartphone app (whether through IOS, or
Android operating systems), desktop applications, and the aqtiv websites located at
www.aqtiv.app (“Service”).
If you are located outside of Australia, you should check our website at www.aqtiv.app to
identify which aqtiv entity is providing Services to you in your location.
If you are an individual, the provision of the Service and the collection of your personal
information is also governed by our ‘Terms of Use’ located at [www.aqtiv.app/terms]. If you
are a sports organisation, venue or facility, the provision of the Service and the collection of
any personal information is governed by this Privacy Policy, to the extent it is applicable, and
is also subject to a separate agreement between you and aqtiv. Please contact us at
[email protected] if you are a sports organisation, venue or facility and you are interested
in entering into such an agreement with aqtiv.
In order to allow us to provide the Service to you, we need to collect certain personal
information (including potentially certain sensitive information) about you. This Privacy Policy
informs you of how we collect, hold, use and disclose your personal information in
connection with our supply of the Service. We will collect different information about you
based on whether you are a member or a sports organisation. By registering for and using
the Service as a member you are indicating your acceptance of both our Terms of Use and
this Privacy Policy and to aqtiv collecting, holding, using, disclosing and otherwise handling
your personal information (including sensitive information) in accordance with this Privacy
Policy. You are under no obligation to provide your personal information (or sensitive
information) to aqtiv, however, if you do not agree to be bound by the terms of these�
documents, you must not use the Service and we may not be able to provide our Service to
you.
The Service may be used by persons under 13 years of age. However, we will not knowingly
collect, use or disclose personal information from a person under the age of 13 (or a minor in
the jurisdiction in which the Service is used) without obtaining consent from a person with
parental responsibility (e.g., a parent or guardian). If you are under the age of 13 , you may
only use the Service with the involvement of a parent or guardian. At all times, it is our aim
to abide by applicable laws designed to protect minors or children.
This Privacy Policy is broken into a number of sections and includes information on how we
manage personal information as well as answers to commonly asked questions. You should
note that this Privacy Policy also contains terms relevant to specific countries and which may
apply to you or us depending on where you are using the Service - please see section 13:
Specific Country Terms.
For the purposes of this Privacy Policy, when we say “you” or “your” we mean any
individuals or organisations about whom we process personal information from time to time,
including members of organisations and all other persons who may provide personal
information to us from time to time.

PERSONAL INFORMATION

WHAT IS PERSONAL INFORMATION

Definitions of ‘personal information’ differ around the world. In Australia, the collection,
storage, use and disclosure of ‘personal information’ is regulated by the Privacy Act 1988
(Cth) (the “Act”). The Act defines ‘personal information’ as:
‘Information or an opinion, whether true or not, and whether recorded in a material
form or not, about an identified individual, or an individual who is reasonably
identifiable.’
The definition of ‘personal information’ is therefore extremely broad, but good examples
would include your full name and your address.

WHAT PERSONAL INFORMATION DO WE COLLECT?

Schedule 1 of the Act also sets out thirteen Australian Privacy Principles (the ‘APPs’) which
comprehensively cover the protection of personal information. You can feel confident that
we will always collect, hold, use and disclose your personal information in accordance with
the Act, the APPs and this Privacy Policy.�
In most cases, we will collect the following information on registration (or if you contact us
directly):
● your full name and prefix (e.g. Mr, Mrs or Ms);
● your mobile including so that we can authenticate you electronically and administer
your account using one time Password (OTP)
● your address and email address, including so that we can authenticate you
electronically and administer your account;
● in certain circumstances, any private healthcare information;
● your health insurance membership provider and membership details and/or medicare
number;
● membership provider, status and numbers to 3rd party membership schemes where
you agree to enter and provide such information;
● your date of birth;
● credit card and/or bank account details (although we won’t store these permanently
unless you agree);
● your gender, but you can specify no gender;
● your height, weight and other details about your physicalities;
● details regarding disability or impairment;
● social media profile information, [where you permit aqtiv to access your social media
profile via the Service] when sharing photos, videos or messages to your social
media accounts from aqtiv;
● persons that follow you on the aqtiv Service and persons you follow on the aqtiv
Service;
● your favourite sports;
● your place of work;
● your school/college/university;
● your nationality, culture or indigenous background;
● your friends (as you choose to add them);
● your associated family / friends;
● your geo-tracking location information (if geo-tracking sharing services are activated
by you on your device, however, geo-tracking services may be turned off and are not
required to use the Service);
● sport activities you attend, the location, time, sport type, level of attendance, playing
performance [as this information is submitted by you on the Service];
● sport Organisations you administer, follow or participate in
● sport Activities you administer, follow or participate in as a player
● data collected by the Sport Organiser to register your participation in sport
However, a certain level of personal information from you is required before you can use the
Service.
We do not intend to collect “sensitive” information about you. Sensitive information includes
certain kinds of information about you, such as your political opinions, sexual preferences,
health or genetic information, or your racial or ethnic origin.
We may collect sensitive information if you disclose it to us or as part of providing the
Service to you. Sensitive information includes information or an opinion (that is also personal
information) about an individual’s health, racial or ethnic origin, political opinions,
philosophical beliefs, criminal record and sexual orientation, amongst other things. We will
not use sensitive information for a secondary purpose, unless you would reasonable expect
the sensitive information to be used for the secondary purpose, and the secondary purpose
is directly related to the primary purpose of collection.
If at any time you provide the personal information of another person to aqtiv, you must
ensure that the person has read and understood this Privacy Policy and consents to their
personal information being collected, held, used, disclosed and otherwise handled in
accordance with this Privacy Policy.

WHY DO WE NEED TO COLLECT YOUR PERSONAL INFORMATION

The collection of your personal information is fundamental to the provision of the Service by
us to you. We collect your personal information for a variety of reasons, including:
● to allow you to create a profile and verify your identity as a registered user of the
Service (whether a sports organisation or a member);
● to customise your experience;
● to allow you to connect with other users of the Service;
● to provide you with information or services you request;
● to customise any news, direct marketing or advertising that is directed at you through
your use of the Service;
● if you use our Service for purchases or financial transactions, to allow us to collect
information about the purchase or transaction (and to process the same);
● to inform sport organisations & the Government;
● to offer you incentives, bonuses, rebates, special offers where applicable;
● for various other reasons that may apply from time to time in the context of the
Service provided to you.
While it is possible for you to interact with us under a pseudonym in some cases, it is still
necessary for us to collect certain personal information from you. We will not collect more
than we reasonably need to provide the Service to you.

HOW DO WE COLLECT YOUR PERSONAL INFORMATION?

We collect your personal information in a number of ways. Firstly, we will ask you to provide
us with certain personal information when you register as a user of the Service (whether as a
sport organiser or a member). We will also collect personal information about you while you
receive and use the Service, for example where you provide us with further information in
the course of enjoying the benefit of the Service. In certain circumstances, we may also
indirectly collect personal information about you, including from third parties for example
organisations, facilities or venues.
With respect to sports organisations, facilities or venues, we may collect or be provided with
the following information:
● judicial
● injury
● sport registrations
● amenities
● price
● performance
● suitability
● occupancy and attendance
● We are not responsible for the accuracy or completeness of any information that
sports organisations, facilities, venues or any other third parties provide to us. We do
not accept any liability in connection with our use of that information where we do so
on the assumption that the information is correct and accurate. We rely on the sports
organisations, facilities, venues and other third parties having in place effective
policies and systems to ensure that they comply with their own obligations under
privacy laws, including where necessary by also obtaining your consent to disclose
your personal information.

HOW DO WE USE YOUR PERSONAL INFORMATION?

We use your personal information to provide the Service to you and for our general
operational, technical and administrative purposes. The primary purposes for which we will
use your personal information include:
● to provide the Service and related products to you (whether as a member or a sports
organisation);
● to further develop or improve the Service and our marketing operations;
● to communicate with you, such as special announcements, upgrades, administrative
messages and newsletters;
● to identify you and authenticate your identity (for example, to allow you to edit and
manage your profile and account information);
● to show relevant news and advertisements to you, including advertisements that are
targeted at you as a result of you belonging to a particular demographic;
● to provide advertising data to our third party marketing partners and to provide
advertising, measurement and analytics services (including measuring the success of
advertising on the Service or as part of understanding where improvements to the
Service could be made);
● to directly market to you, products and services in which we believe you may be
interested (subject to you providing consent to such marketing) this can be managed
within notifications settings in app under profile settings.
● for statistical reporting purposes (for example site usage or member feedback and
experience), however this will be on an anonymised and aggregated basis;
● to conduct research;
● to ensure that aqtiv receives payment of any fees due to it;
● to provide you with certain information and content, including customising the format
and layout of our website and application;
● to help you connect with other users and other users to connect with you using the
Service;
● to investigate, prevent or take action regarding any breach or suspected breach by
you of this Privacy Policy, the Terms of Use or any law;
● to act in a way that is required or authorised by or under law;
● to allow aqtiv to successfully partner with third party applications, websites and
system integrations;
● to allow transfers of data between entities in the aqtiv group;
● to promote health and safety on the Service; and to share with a new owner of aqtiv
– if there is a sale, assignment, bankruptcy proceeding or other transfer of aqtiv or a
portion of aqtiv, including a corporate merger, restructuring, sale of assets or other
corporate change.
We will never share the following information with any third party or on our Service, unless
you consent:
● Government identifiers such as a healthcare number
● Personal Health related information

HOW DO WE DISCLOSE YOUR PERSONAL INFORMATION?

Generally, we will disclose your personal information to people you share your information
with or communicate with using the Service. We may also disclose your personal
information:
● if you are a sports organiser, to members of your sports organisation;
● if you are a member of a sports organisation, to sports organisers and other
members;
● to our third party service providers, as required to provide the Service to you and to
perform functions on our behalf, including processing, storing and handling personal
information;
● to any person who acquires or expresses an interest in acquiring all or any part of
aqtiv’s business, for example as part of a due diligence process with respect to aqtiv;
● where necessary or desirable in connection with us investigating, preventing or
taking action regarding any breach or suspected breach by you of this Privacy Policy,
the Terms of Use or any law;
● as required or where we are authorised by or under law or as may be required in
order to comply with a court order or other legal process;
● to any other person to which you subsequently consent from time to time or where
consent can be inferred from the circumstances; and
● to third parties in connection with providing information as to your usage of the
Service, but we will take reasonable steps in this circumstance to ensure that this is
only on an anonymised and aggregated basis.
aqtiv is part of a group of companies and we may also transfer your personal information
between the different aqtiv entities, however we will do so in accordance with all applicable
laws including the Act and the APPs.
Either aqtiv or our third parties may also disclose your personal information where it is
reasonable to do so or we are authorised or required to do so by applicable law. For
example, we might disclose your personal information confidentially to a third party
contractor that is contracted to provide services to us (whether in Australia or overseas).
The countries that we may use, disclose, process, transfer or store your personal information
include the United States of America, the United Kingdom, and countries within the
European Union; however from time to time disclosure to other countries may be required in
connection with the Service. We also might transfer your personal information overseas as
part of our disaster recovery policies in respect of our data centres.
You should be aware that our website, application and advertisements may contain links to
third party websites, or third party goods and services. We are not responsible for the
privacy actions and omissions of such third parties and you are solely responsible for
informing yourself of their practices.

SECURITY AND HOW WE HOLD YOUR PERSONAL INFORMATION

We take reasonable steps to prevent the personal information we hold about you from
misuse, interference or loss, and from unauthorised access, modification or disclosure. At
all times, we endeavour to make sure that our security measures meet industry standards.
These measures include access control procedures, network firewalls, encryption and
physical security. However, the transmission of information across the internet is not
completely secure, so we cannot guarantee the security of your personal information
transmitted to our website or other online forums. Any such transmission is at your own risk.
We hold your personal information in a variety of ways, including in hard copy and electronic
form. Personal information is stored with 128 bit encryption.

QUALITY AND ACCESS TO YOUR PERSONAL INFORMATION

We will take reasonable steps to ensure that the personal information we hold, use and
disclose is accurate, up to date and complete. However, we will not take any administrative
steps to verify the accuracy or completeness of the information you provide to us at the time�
of collection (for example, if you make a mistake when typing in your details or choose to
use a pseudonym).
If you suspect or believe that the personal information we have is not accurate, complete or
up to date, please contact us at the details below and we will respond to your request within
a reasonable period. When responding, we will take reasonable steps to correct that
information and to ensure that it remains accurate, complete and up to date in the future. If
for some reason we are unable to correct your personal information, we will provide you with
our reasons in writing and your further options for complaint. We will not ordinarily charge
you for requesting the correction of your personal information.
You are entitled to access the personal information we hold about you, on request, subject to
a limited number of exceptions. If for some reason we are unable to provide you with access
to your personal information, we will provide you with our reasons in writing as well as your
further options for complaint. If we did not collect your personal information directly from you,
it will ordinarily be more practical for us to pass your access request on to the relevant third
party.
You may make an access request via the contact details below and we will respond to your
request within a reasonable period. Ordinarily, we will require you to attend our office to
access your personal information in secure circumstances, however we will give reasonable
consideration to any other access procedure you may suggest in writing where it is
practicable to do so (in whole or in part). We will not ordinarily charge you for gaining
access to your personal information but we may ask you to meet reasonable costs in
providing you with access, for example photocopying or postage costs.

HOW LONG WILL WE KEEP YOUR PERSONAL INFORMATION?

We may retain personal information after we have used the personal information for the
purposes for which we collected or received it, or for any secondary purpose permitted under
the Privacy Act. The duration that we keep your personal information for will be influenced
by the nature of that information as determined by our back-up and archive policy. When no
longer required, aqtiv will use its best endeavours to ensure that all such information will be
de-identified and/or destroyed in a secure manner and in a reasonable timeframe, unless
aqtiv is required or authorised by law to retain the personal information.

ADVERTISING, MARKETING AND COOKIES

By registering for and using the Service you are agreeing to aqtiv or aqtiv’s third parties
sending advertising and direct marketing material to you through the Service, and providing
associated interactive functionality, that we or any of our third parties consider may be of
interest to you. However, this is subject to our having your consent where that is required by
law.
You may opt-out of the provision of some direct marking materials by using the functional
unsubscribe option or by contacting us. In other cases, it is an inherent part of the Service
you are receiving and it is not operationally possible to opt-out of any advertising displayed
as part of your access to the Service.
The use of cookies is extremely important to the smooth functioning of the Service. Cookies
are small text files that many websites place on your computer or device. Most often,
cookies are used to recognise repeat users of websites, to remember their user preferences
and to customise the user experience.
We use cookies to, for example, allow you to remain permanently signed into the Service, to
customise your use of the Service and to save information in forms to be filled out on the
Service, for you to come back to later. Most browsers are automatically set up to accept
cookies. The storage of cookies can be deactivated or the browser can be configured in
such a way that it sends a notification when cookies are sent. You are always free to decline
our cookies, however doing so may significantly interfere with your use of the Service.

YOUR USE OF THE SERVICE

When you use the Service, including communicating in a public forum using the Service,
your user ID and all or some of the material you post may be visible to other users of the
Service and may be publicly available to other internet users. We therefore suggest that you
use discretion and caution when posting information to the Service
The level of information you share on the public forums on the Service is only able to be
controlled by you, for example only you are able to turn off or turn on location services and
similar on your smartphone. We do not in any way control, and do not accept any
responsibility or liability whatsoever for, the disclosure or use of personal information,
including visual content (for example photographs), which is voluntarily posted by you in any
publicly accessible area of the Service.
You must also ensure that information related to other persons which you may post is
provided only where you have that person’s informed consent.�

CONTACT AQTIV AND ENQUIRIES REGARDING THIS PRIVACY POLICY

If you would like to contact us, including to ask a question or make a suggestion or a
complaint, we may be reached at the details below:

Address:
aqtiv Pty Ltd - Ground Floor, 100 George St, Parramatta NSW 2150
Email contact: [email protected]
We aim to investigate and resolve all complaints promptly.
If you are not satisfied in the way in which we have handled a privacy matter or a complaint,
you can contact the Office of the Australian Privacy Commissioner (www.oaic.gov.au).
We may review, modify or amend the provisions of this Privacy Policy from time to time.
Where we have already collected your personal information, we will take reasonable steps to
bring any such modifications or amendments to your attention. You can obtain a copy of our
current Privacy Policy on our website or by contacting us.