Definitions and Interpretation
(a) “Domain” means https://explodingfish.com and any related webpage or resource.
(b) “Website Terms and Conditions” means the website terms and conditions, which are available at https://explodingfish.com/terms.
(c) “Payment Processor” means a provider of merchant services that is integrated into the EF Website.
(d) “Personal Information” means information or an opinion about an identified individual, or an individual who is reasonably identifiable:
(i) whether the information or opinion is true or not; and
(ii) whether the information or opinion is recorded in a material form or not.
(e) “Services” has the meaning provided in the Website Terms and Conditions.
(f) “User” has the meaning provided in the Website Terms and Conditions.
(g) “EF Website” has the meaning provided in the Website Terms and Conditions.
(h) “Services” has the meaning provided in the Website Terms and Conditions.
(i) “you” means any User of the EF Website including without limitation any person that:
(i) views the EF Website in a browser;
(ii) submits any information to the EF Website, through use of an enquiry form, or otherwise;
(iii) signs up for an account with the EF Website;
(iv) pays for Services using the EF Website;
(v) conducts any other type of transaction on the EF Website.
How we collect information
8. We collect information sent to us by your computer, mobile phone, or other access device when you:
(a) navigate to the Domain, or any related pages with a web browser, or
(b) otherwise use the EF Website to obtain Products or Services from us.
Information that we collect
9. The information sent to us may include data on the pages you access, device identifiers, your location, standard web log data, transaction data, and other information as described in paragraphs 10 through 15.
11. Transaction data includes:
(a) details relating to any transactions completed by you using the EF Website and a Payment Processor; or
(b) details relating to any transactions otherwise completed using the EF Website.
12. We may collect the following types of information:
(a) Contact information, such as your name, address, phone, email and other similar information;
(b) Detailed Personal Information, such as your date of birth or other personal identifiers.
13. We may also obtain any information about you from third parties including without limitation credit bureaus, Payment Processors, and identity verification services.
14. In order to help protect you from fraud and misuse of your Personal Information, we may collect information about your use and interaction with the EF Website. For example, we may evaluate your computer, mobile phone or other access device to identify any malicious software or activity.
15. We may also collect additional information from or about you in other ways, such as through contact with our support team, results when you respond to a survey or poll, and from interactions with any other person through the EF Website.
16. When you access the EF Website, we may place small data files on your computer, mobile phone or other access device. These data files may be cookies, pixel tags, or other local storage provided by your browser or associated applications (collectively “Cookies”).
(a) identify you as a User;
(b) enable functionality on and to customise the EF Website and related content;
(c) measure promotional effectiveness;
(d) mitigate risk and prevent fraud; and
(e) to promote trust and safety on the EF Website.
18. We may use session or persistent Cookies. Session Cookies expire and no longer have any effect when you close your browser. Persistent Cookies remain on your browser until you erase them or they expire.
19. We may encode our Cookies so that we can interpret the information stored in them. You are free to decline our Cookies if your browser or browser add-on permits, but doing so may interfere with your use of the EF Website.
How we protect and store Personal Information
21. We store and process your Personal Information on our computers in Australia and Overseas (including the USA and Europe).
How we use the Personal Information we collect
22. Our primary purpose in collecting Personal Information is to provide you and each other User with a secure, smooth, efficient, and customised experience. We may use your Personal Information to:
(a) provide the EF Website, our Services, and customer support;
(b) send notices and information to you;
(c) resolve disputes, collect fees, and troubleshoot problems;
(d) prevent potentially prohibited or illegal activities, and enforce our Website Terms and Conditions, which can be viewed at https://explodingfish.com/terms;
(e) customise, measure, and improve the EF Website and the content and layout;
(f) contact you at any telephone number by placing a voice call, or through text (SMS), or email messaging, as authorised by our Website Terms and Conditions; or
(g) compare information for accuracy, and verify it with third parties.
23. We do not sell or rent your Personal Information to third parties for their marketing purposes without your explicit consent. We may combine your information with information we collect from other companies and use it to improve and personalise the EF Website, content, and advertising. If you do not wish to receive marketing communication with us, outside of the EF Website then you may opt-out at any time by using the unsubscribe or opt-out feature contained in the communication that we send to you.
24. Information generated by the EF Website, which includes data relating to your use of the EF Website, is used by us for our internal development purposes; such information does not contain any Personal Information of any User.
How we share Personal Information with other parties
25. We may share your Personal Information with the following persons, or classes of persons.
(a) Service providers under contract who help with our business operations such as fraud prevention, bill collection, marketing, and technology services.
(c) Law enforcement, government officials, or other third parties pursuant to subpoena, court order, or other legal process or requirements applicable to Exploding Fish Pty Ltd or one of its affiliates.
(d) Credit card brands in order to evidence the details of a transaction that has been queried by you.
(e) Any Payment Processor(s) integrated into the EF Website.
(f) To law enforcement agencies, or contracted investigators, when we believe, in our sole discretion, that the disclosure of Personal Information is necessary to prevent physical harm or financial loss, to report suspected illegal activity, or to investigate violations of our Website Terms and Conditions.
(g) Other third parties with your consent or direction to do so.
26. Please note that these third parties may be in other countries where the laws on processing Personal Information may be less stringent than in your country. However, we will take reasonable steps to ensure the third parties do not breach the Australian Privacy Principles in relation to the Personal Information.
28. If you create an account, take membership on, or transact directly on a third party website or via a third party application, any information that you enter on that website or application will likely be shared with the owner of that website or application. These sites are governed by their own privacy policies and terms and conditions and you are encouraged to review their privacy policies before providing them with Personal Information. Exploding Fish Pty Ltd is not responsible for the content or information practices of third parties.
How you can access or change your Personal Information
29. You can review and edit your Personal Information by logging into the EF Website profile settings page; or otherwise by contacting our Privacy Officer at firstname.lastname@example.org.
How you can contact us about privacy questions
Handling your complaints
31. We aim to:
(a) Acknowledge receipt of all complaints within 5 business days; and
(b) Resolve all complaints within 60 days, however, this may not be possible in all circumstances.
32. Where we cannot resolve a complaint within 60 days, we will notify you of the reason for the delay as well as an indication of when we expect to resolve the complaint.
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