THE UPSIDE CORPORATION PTY LTD ACN 139 233 391 (“The Upside”) collects personal information that you voluntarily provide when applying or registering for an account with The Upside or making a purchase on The Upside website; www.theupsidesport.com (the “Website”).
Please note that some the Website may be co-branded and offered in conjunction with websites and/or services provided by unrelated third parties. If you register for (or use such service), the other party may also receive personal information collected in conjunction with the co-branded service. Other partners may also collect data about you. These parties have their own data protection guidelines, which are independent of this statement.
1. Use of service by children
The Upside website is not intended for children under the age of 13. When a visitor indicates an age under 13, the registration process for The Upside website cannot be completed, and no personally identifying information is collected in conjunction with that attempted submission except that we retain e-mail addresses of such persons (and record of access attempts) for purposes of denying registration. Otherwise, we do not knowingly collect personally identifiable information from visitors under the age of 13. The Upside collects, uses and discloses information on users aged 13-18 in the same manner as it does for adults. If you are under the age of 18, you must obtain your parent's permission before disclosing any information on this site.
2. Collection of personal information
You may visit and browse the Website, without us recording any of your personal information. However, your IP address may be used by The Upside for research, evaluation and modification purposes.
When you register or make a purchase from The Website and/or when you register to receive The Upside newsletter (“Newsletter”), The Upside may collect the following information in its server logs:
· Information that you voluntarily provide when applying or registering for access to Website and/or Newsletter, which may include your name, your date of birth, your gender, your email- address, your home or work address, telephone number, as well as demographic information, such as your post code. The Upside also collects your IP address during registration.
· Referrer URL (the address of the site that has been accessed before).
· URL's visited at www.theupside.com.au
· Hostname of your computer (IP address).
· Time and date of access.[page1image26528]· Information about your interaction with the Website, including searches, your use of such search results, selections which you make, frequency with which you visit the site, transaction related information, customer service usage, and other information related to your use of the Website.
· When you visit our site, our server may send small data files known as 'cookies' and other technologies to your computer. When you revisit The Upside, the cookies allow the site to recognize your browser. The cookies may also store your preferences and other information that will allow us to tailor and simplify your experience when using The Upside's services. Additional information may be collected if you choose to enter promotions or sweepstakes.
The Upside may also ask for voluntary information from time to time. This information is not mandatory for you to provide and may only be used for our own marketing purposes.
When making a transaction your credit card details will only be disclosed to our bank and will not be kept on file or in any form by The Upside.
In the case of customer enquiries by phone, email or in writing, we may collect further personal information from you to best resolve your query.
3. Use of personal information
The Upside uses your personal information and the information we collect in the following ways:
· To deliver and fulfil the services or carry out the transactions you have requested (including but not limited to purchases of The Upside product and delivery of the Newsletter).
· Communications with you relating to the Website, such as service notices, reminders and administrative messages, as well as the Newsletter that may contain advertising for products and services of The Upside or third parties. These communications are considered part of your The Upside account. You may only opt out of receiving them by terminating your registration with The Upside.
The Upside may employ third parties to provide services on its behalf. The access of such parties to your personal information will be limited to the data they need in order to deliver the service and/or products.
The Upside may also share information in order to obtain content from third parties, analyse usage patterns, provide demographic information, and other similar uses that will facilitate third party contacts in appropriate cases with parties selected by The Upside, as well as to prevent, investigate or take action regarding suspected fraud and other illegal activities as well as situations involving potential threats to the physical safety of any person and violations of The Upside's terms of service.
The Upside may access and/or disclose your personal information if we, in our sole discretion, deem it necessary to: (a) comply with applicable laws or (b) respond to subpoenas, court orders, or legal process, or (c) to establish or exercise our legal rights or to defend ourselves against legal claims. We may also provide the information which we collect to our successors and assigns in the event that we transfer, sell or dispose of all or any portion of our business and the information is relevant to that business segment.
4. Use of the Website
You agree to use Website only for purposes as permitted under this Agreement and any applicable law or regulations. You agree to refrain from doing any prohibited acts as set out in this Clause 4.
You agree that you will not use the Website to:
(a) stalk, harass, threaten, intimidate or harm another;
(b) pretend to be anyone, or any entity, you are not, you will not impersonate or misrepresent
yourself as another person (including celebrities), entity, a The Upside employee, or a civic or government leader, or otherwise misrepresent your affiliation with a person or entity. The Upside reserves the right to reject or block any user which could be deemed to be an impersonation or misrepresentation of your identity, or a misappropriation of another person's name or identity;
(c) engage in any copyright infringement or other intellectual property infringement, or disclose any trade secret or confidential information in violation of a confidentiality, employment, or non-disclosure agreement or otherwise;
(d) use, distribute, reproduce or commercialise any content from the Website or The Upside service except as permitted by this Policy, by law, and with prior written agreement from The Upside;
(e) transmit any unsolicited advertising, promotional material or other forms of solicitation in connection with your use of the Service without the prior written agreement of The Upside;
(f) forge any TCP-IP packet header or any part of the header information or otherwise putting Information in a header designed to mislead recipients as to the origin of any content transmitted through the Website ("spoofing";);
(g) access (or attempt to access) any part of the Website by any means other than through the interface provided by The Upside;
(h) engage in any activity which disrupts or interferes with the Website or the servers and networks that host the Website;
(i) interfere with or disrupt the Website (including accessing the Website through any automated means, like scripts or web crawlers), or any servers or networks connected to the Website, or breach any policies, requirements or regulations of networks connected to the Website (including gaining unauthorised access to, use or monitoring of data or traffic thereon); or
(j) plan or engage in any potentially fraudulent, illegal or offensive activity.
The Upside works with secure data networks protected passwords. We use security measures in order to safeguard your identifying details. We also limit access to personal information to our and our affiliates' employees who we believe reasonably need to come into contact with that information to provide our products and services to you.
If a members name and password is used to help to protect your account from unauthorized access, you must keep such login data confidential and must not disclose it or share it with anyone.
We reveal only the last four digits of your credit card number of transacting an order. The entire number credit card number will be transmitted to the appropriate credit card company during order processing.
You should protect your password and any unauthorised access to your computer. If you have used a shared computer you must ensure that you sign out.
The Upside will only share your personal information with a third party when:
(a) it is required to complete a purchase transaction, including provision of credit or debit card information to a financial institution;
(b) it is required to ensure delivery of your purchased goods; and
(c) as required by law or pursuant to this Policy.
You agree and understand that information transmitted over the internet and provided to the Website can never be guaranteed as secure. The Upside will strive to protect your personal information, however you accept that The Upside will not be held liable for any access to your personal information by any third party and you acknowledge that there are security and privacy limitations for data transmitted over the internet which are beyond the control of The Upside.
8. Application of terms of service
You agree and understand that information transmitted over the internet and provided to the website can never be guaranteed as secure. The Upside will strive to protect your personal information, however you accept that The Upside will not be held liable for any access to your personal information by any third party and you aknowledge that there are security and privacy limitations for data transmitted over the internet which are beyond the control of The Upside.