Privacy Policy

Introduction

Our website (https://brainbux.io) (Site), mobile application (BrainBux App) and the Games made available through the BrainBux App are created and controlled by BrainBux Pty Ltd (ACN 676 898 007) (BrainBux, our, us or we).

BrainBux is committed to ensuring your Personal Information is protected. BrainBux manages your Personal Information in accordance with the Australian Privacy Principles set out in the Privacy Act 1988 (Cth) (Privacy Act).

By accessing and using the Site, BrainBux App and Games you agree to this Privacy Policy.

This Privacy Policy outlines how BrainBux collect, store, process, share, use and disclose your Personal Information, and how you may access your Personal Information kept by us or how you may make a privacy complaint.

For the purpose of this Privacy Policy:

  1. Games, BrainBux Money Balance, Entry Fee and Winnings have the meaning in the BrainBux Gaming User Terms and Conditions; and
  2. Personal Information has the same meaning that it has under the Privacy Act, namely, information means information or an opinion about an identified individual or an individual who is reasonably identifiable, whether the information or opinion is true or not and recorded in a material form or not.

 

The information BrainBux collects about you

  1. Personal Information
    • BrainBux may collect and use Personal Information and information or data that does not contain Personal Information (non-Personal Information) from visitors and customers to our Site, users of the BrainBux App and Games, and any other individual who interacts with us.
    • BrainBux will only collect and hold Personal Information about you that is reasonably necessary to undertake our business activities and functions, make the BrainBux App and Site available to you and deliver our Games to you, or as otherwise permitted by law.
    • The type of Personal Information and non-Personal Information that BrainBux collects and uses depends on the type of dealings that you have with BrainBux and includes the following:
      • contact details and account registration information (for example, full name, email address, date of birth, mobile number and password);
      • marketing data and information relating to your dealings, or enquiries you have made, with us, including information about: (i) the Games you have accessed; and (ii) the third party products and services you have used, accessed or enquired about;
      • information relating to your usage of the BrainBux App (including, but not limited to, your BrainBux Money Balance, your Winnings, your Entry Fees, the Rounds and Games you have won, tied or lost, the Rounds and Games you have played, and the Puzzles you completed, attempted and undertaken;
      • any other content, information and other data that you create or submit on, or via the BrainBux App and Site; and
      • other information that you provide to us or that we may collect in the course of our relationship with you.
  2. Non-Personal Information
    • We may also collect some information that is not Personal Information because it does not identify you or anyone else. Information that we may collect includes (but is not limited to):
      • anonymous answers to surveys or aggregated information about how users access and use the BrainBux App, Site and/or Games; or
      • information regarding your access and use of the BrainBux App, Site or Games, including location information, your computer’s internet protocol (IP) address, unique device identifier, browser characteristics, device characteristics, operating system, language preferences, referring URLs, information on actions taken on the BrainBux App, Site and/or Games, dates and times of visits to the BrainBux App or Site and other usage statistics.

 

How BrainBux collects Personal Information

  1. Direct collection from you
    • We will collect Personal Information and non-Personal Information about you in a number of different ways. We may collect Personal Information and non-Personal Information directly from you or in the course of our dealings with you. For example, when you:
      • setup and create a profile on the BrainBux App (including when you edit or update your profile on the BrainBux App or reset your password) and when you access and use the BrainBux App and Games;
      • visit, access and use our Site;
      • pay the Entry Fee or play, access, enter, compete a Game made available to you on, or via, the BrainBux App;
      • deposit, withdraw, cash out, top-up, increase or decrease your BrainBux Money Balance;
      • contact or correspond with us online (for example, when you complete online forms, or subscribe to our publications, alerts and newsletters), request customer support services, contact us via email or telephone with a query or request or make a comment on our social media sites or you participate in a promotion, competition or survey;
      • when you otherwise interact or communicate with us, such as by telephone, email or in person; or
      • from publicly available sources of information.
  2. Collection from third parties
    • We may also collect Personal Information about you from publicly available sources and third parties, including:
      • when you provide your Personal Information to third parties (including to our related bodies corporate, business partners, service providers and third party contractors);
      • if you use our social media sites or applications or other third party products and services that interact with, or connect with, the BrainBux App and Site.
      • if third party payment processors are used by us to process payments made by you.
    • When BrainBux collects your Personal Information from third parties, we shall take reasonable steps to make sure you are aware of the collection.
    • If you provide us with Personal Information about another individual (as their authorised representative), we rely on you to:
      • inform them that you are providing their Personal Information to us; and
      • advise them that they can contact us for further information.
    • You must take reasonable steps to ensure the individual is aware of, and consents to, the matters outlined in this Privacy Policy, including that their Personal Information is being collected, the purposes for which that information is being collected, the intended recipients of that information, the individual’s right to access that information, and who we are and how to contact us.

 

How BrainBux uses your Personal Information

  1. Purposes of use and disclosure
    • BrainBux will only use, process and disclose your Personal Information for the purposes for which it is collected.
    • In particular, BrainBux use, process and disclose your Personal Information:
      • to provide you with access to, and use of, the BrainBux App, the Games and/or Site;
      • to manage, operate, maintain, test, develop, improve and upgrade the BrainBux App, systems, Games, Site or other products and services offered by us from time to time; and
      • to notify you of opportunities we think you might be interested in, including new product or service offerings, information about the BrainBux App, Site, Games, offers, competitions, promotions, events and surveys;
      • to verify your identity;
      • to conduct fraud, risk reduction and creditworthiness checks;
      • to perform research and analysis about the BrainBux App, Site and Games and for data analytics purposes, including usage patterns, trends, benchmarking and other statistical or behavioural data. Before we use your Personal Information for this purpose, we ensure Personal Information is made anonymous by removing data that can identify you;
      • to deposit or top-up your BrainBux Money Balance or withdraw or cash out your Winnings;
      • for direct marketing purposes (see section 6 below);
      • to comply with regulatory or other legal requirements,
      • for any purpose to which you have consented; and
      • for any other purpose notified to you at the time of collection.
    • In the event of a merger, acquisition or sale of the whole or part of our business or assets, we reserve the right to transfer your Personal Information as part of the transaction, without your consent or notice to you.
  2. Disclosure to third parties
    • With your consent, we may provide your Personal Information and Non-Personal Information to the following recipients:
      • our employees, related entities, business partners, third party contractors, suppliers and agents from time to time for the purpose of delivering, providing and administering the Games (including customer support services and setup services), the BrainBux App, our Site, our promotions, deals and competitions;
      • third party service providers who process or use your Personal Information and Non-Personal Information for the purpose of performing functions on our behalf, but may not process or use such information for any other purpose. Examples of these third-party service providers include, but are not limited to, game developers, marketing and analysis organisations, financial and credit card institutions to process payments, hosting companies, web developers, internet service providers, customer service providers, customer support specialists, back-up and online storage providers, verification service providers (e.g. Twilioi), fulfilment companies and research and data analysis firms, government agencies, public registries, search agencies, regulatory and licensing bodies, parties to whom you refer us (for example, previous employers and referees); and
      • external business advisors, such as auditors, lawyers, insurers and financiers,
        (collectively, Authorised Affiliates).
    • When we disclose your Personal Information to any of our Authorised Affiliates, we will ensure that they undertake to protect your privacy. Authorised Affiliates are not permitted to use the information for any purpose other than the purpose for which they have been given access. 
    • Our Authorised Affiliates may also provide us with Personal Information collected from you. If you disclose Personal Information to an Authorised Affiliate, we rely on you to provide the Authorised Affiliates with consent for us to collect, storage, use, process, alter and disclose your Personal Information.
    • BrainBux may also disclose any Personal Information we consider necessary to comply with any applicable law, regulation, legal process, governmental request or industry code or standard.
  3. Third party payment processors
    • BrainBux uses third party payment processors to process payments made to us. In connection with the processing of such payments, BrainBux do not collect, process, use, share, store or disclose any payment information (such as credit card and bank account details). Rather, all such information is provided directly to BrainBux’s third party processors, Stripe, whose use of your Personal Information (including payment information) is governed by their privacy policy, which may be viewed at https://stripe.com/au/privacy.
  4. Overseas disclosure
    • In the course of providing you with access to, and use of, the BrainBux App, Site and Games, it may become necessary or desirable to disclose Personal Information to Authorised Affiliates located overseas. The countries in which these overseas recipients may be located will depend upon the individual circumstances. However, in the course of our ordinary business operations we commonly disclose Personal Information to our third party payment processors located outside of Australia.
    • The laws where these overseas recipients may be located provide various levels of protection for Personal Information which are not always equivalent to the level of protection that may be provided for in Australia. Where we transfer your Personal Information overseas, BrainBux will take reasonable steps to ensure that your Personal Information is treated securely, and the means of transfer provides adequate safeguards.
    • By accessing or using the BrainBux App, Games and/or Site, or providing your Personal Information to us, you explicitly and freely consent to the transfer of your Personal Information to our overseas Authorised Affiliates. If you do not wish to receive information from any of our Authorised Affiliates, please let us know using the details below. However, if you do not provide your Personal Information to us or our Authorised Affiliates, we may not be able to provide you with access to, and use of, the BrainBux App, the Games or Site.
  5. Disclaimer
    • BrainBux will not disclose your Personal Information to any third party (other than our Authorised Affiliates) without your written consent, unless:
      • we are otherwise required by the relevant Privacy Laws;
      • we are permitted to under this Privacy Policy; or
      • such disclosure is, in our opinion, reasonably necessary to protect our rights or property, avoid injury to any person or ensure the proper functioning of the BrainBux App and/or Site. 
    • This Privacy Policy only covers the use and disclosure of information we collect from you. The use of your Personal Information by any third party is governed by their privacy policies and is not within our control.

 

Notifiable Data Breaches Scheme

In the event of any loss, or unauthorised access or disclosure of your Personal Information that is likely to result in serious harm to you, BrainBux will investigate and notify you and the Australian Information Commissioner as soon as practicable, in accordance with notifiable data breach scheme contained in Part IIIC of the Privacy Act.

 

Marketing communications

  1. Direct marketing
    • BrainBux may use and disclose your Personal Information to send you information about the BrainBux App, our Site and/or Games and any other products or services we may offer from time to time, as well as other information that may be of interest to you.
    • These communications may continue, even after you stop using the BrainBux App, our Site and the Games.
  • Communication channels
    • BrainBux may send this information to you via the communication channels specified at the time you provide your consent.
    • These communication channels may include mail, email, SMS telephone, social media or by customising online content and displaying notices or advertising on the BrainBux App and Site.
  • Opting-out
    • You can opt out of receiving these communications by: 
      • contacting us using the details below; orusing the unsubscribe function in the email or SMS.

 

Storage and security

  1. Protecting your Personal Information
    • We take reasonable steps in the circumstances to keep your Personal Information and Non-Personal Information safe. We use a combination of technical, administrative, and physical controls to protect and maintain the security of your Personal Information. Some of the safeguards that we use include firewalls, Secure Socket Layer (SSL)/Transport Layer Security, Data encryption, access controls, secure APIs, Data Anonymization and Masking, Anti-Malware and Anti-Virus Protection, Secure Coding Practices and Regular Security Audits.
    • Our officers, employees, agents and third-party contractors are expected to observe the confidentiality of your Personal Information and Non-Personal Information.
    • Wherever possible, we procure that Authorised Affiliates who have access to your Personal Information and Non-Personal Information take reasonable steps to:
      • protect and maintain the security of your Personal Information and Non-Personal Information; and
      • comply with the Australian Privacy Principles when accessing and using your Personal Information.
  2. No guarantee
    • The transmission of information via the internet is not completely secure. While we do our best to protect your Personal Information and Non-Personal Information, we cannot guarantee the security of any Personal Information and Non-Personal Information transmitted through the BrainBux App or Site.
    • You provide your Personal Information and Non-Personal Information to us at your own risk, and we are not responsible for any unauthorised access to, and disclosure of, your Personal Information and Non-Personal Information
  3. Destruction of Personal Information
    We will destroy or de-identify Personal Information where it is no longer required, unless we are required or authorised by law to retain the information. However, BrainBux may retain Personal Information (including basic registration information) in accordance with documentation retention and destruction laws.

 

Accessing and correcting your Personal Information

    • BrainBux shall use our reasonable endeavours to keep your Personal Information accurate, up-to-date and complete. You have the right to access any Personal Information we hold about you, subject to some exceptions under the Privacy Act.
    • You can access, or request that we correct, your Personal Information by writing to us using the details below. BrainBux may require proof of identity. If we do not allow you to access any part of your Personal Information, we will tell you why in writing.
    • We will not charge you for requesting access to your Personal Information but may charge you for our reasonable costs in supplying you with access to this information.
    • We will endeavour to respond to your request for access or correction within [7 days] from your request.

 

Cookies policy

    • BrainBux and its Authorised Affiliates may collect information by automated means when you access and use the BrainBux App or Site by utilising features and technologies of your internet browser, including cookies and similar technologies. A cookie is a piece of data that enables us to track and target your preferences.
    • The type of information we and our Authorised Affiliates collect may include statistical information, details of your operating system, location, your internet protocol (IP) address, the date and time of your visit, the pages you have accessed, the links which you have clicked and the type of browser that you were using and browser and login authentication status.
    • We may use cookies and similar technologies to:
      • enable us to identify you as a return user, make it easier for you to login to the BrainBux App and personalise and enhance your experience and use of the BrainBux App or Site; and
      • help us improve our Service to you when you access the BrainBux App or Site and to ensure that the BrainBux App and Site remain easy to use and navigate.
    • Most browsers are initially set up to accept cookies. However, you can reset your browser to refuse all cookies or warn you before accepting cookies.
    • If you reject our cookies or similar technologies, you may still use the BrainBux App or Site but may only have limited functionality of the BrainBux App or Site.
    • We may also use your IP address to analyse trends, administer the BrainBux App, our Site and other websites we operate, track traffic patterns and gather demographic information.

 

Google Analytics

    • Services that the BrainBux App may use from time to time include Google Analytics, which transmits website traffic data to Google servers. Google Analytics does not identify individual users or associate your IP address with any other data held by Google. We use reports provided by Google Analytics to help us understand traffic and usage on the BrainBux App. By using the BrainBux App, you consent to Google processing your data in the manner described in Google’s Privacy Policy (www.policies.google.com/privacy) and for the purposes set out in this Privacy Policy.
    • Google may pass on cookies to its partners and other third parties to achieve its purposes. For more information on how Google uses the information collected from cookies, and how you can opt out of this feature please see Google’s Privacy Policy. You can also view Google Analytics’ currently available opt-out (see https://tools.google.com/dlpage/gaoptout).

 

Privacy complaints

    • If you have any issues about this Privacy Policy or the way BrainBux handle your Personal Information, please contact us using the details below and provide full details of your complaint and any supporting documentation.
    • At all times, privacy complaints:
      • will be treated seriously;
      • will be dealt with promptly;
      • will be dealt with in a confidential manner; and
      • will not affect your existing obligations or your commercial arrangements with us.
    • Our Privacy Officer will endeavour to:
      • respond to you within 7business days; and
      • investigate and attempt to resolve your concerns within 14 business days or any longer period necessary and notified to you by our Privacy Officer.
    • If you are dissatisfied with the outcome of your complaint, you may refer the complaint to Office of the Australian Information Commissioner.

 

How to contact us

BrainBux can be contacted by email at info@brainbux.io.

 

Changes to this Privacy Policy

    • From time to time, it may be necessary for us to review and revise our Privacy Policy. We may notify you about changes to this Privacy Policy by posting an updated version on the BrainBux App and/or our Site.
    • We encourage you to check the BrainBux App and/or our Site from time to time to ensure you are familiar with our latest Privacy Policy.