FUNLAB PRIVACY POLICY

Welcome and thank you for visiting us.

We, Funlab Holdings Pty Limited (ACN 606 795 733) and our related entities, Holey Moley Australia Pty Ltd (ACN 613 584 571), Strike Australia Pty Ltd (ACN 606 795 788), Skyzone Australia Pty Ltd (ACN 606 795 939), Lucky & Sons Australia Pty Ltd (ACN 100 610 222), Archie Bros Australia Pty Ltd (ACN 621 886 922) and each of our other related entities that are incorporated from time to time (collectively, "Related Entities") shall be collectively referred to as "Funlab", “we”, “us”, or “our”.

The website located at https://www.fun-lab.com/ and other related platforms (https://www.holeymoley.com.au/; https://www.strikebowling.com.au/; https://www.skyzone.com.au/; https://www.archiebrothers.com.au/; and https://www.luckyandsons.com.au/), and digital properties made available on the website (collectively, "Sites") are owned and operated by us. You can find this Privacy Policy on these Sites.

Through these Sites, Funlab from time to time gathers information from its customers (“Customers”) and other parties with whom we deal for a variety of reasons including, in particular, to enable us to improve the nature of the services we provide.

We understand individuals' concerns regarding confidentiality and take seriously our obligations in respect of all information we gather. To safeguard that information, Funlab is committed to protecting your privacy through compliance with the Privacy Act 1988 (Cth) (“Privacy Act”), the Australian Privacy Principles (“APP”) and any related privacy codes including the General Data Protection Regulation (“GDPR”) (collectively, “Privacy Laws”). Please read this Privacy Policy (“Policy”) carefully as it outlines how we collect, use, disclose and store your personal information.

By using our Sites or participating in your competitions and prize draws, you are consenting to the collection, use, disclosure and storage of your personal information as outlined in this Privacy Policy.

1. TYPES OF INFORMATION WE COLLECT

1.1 Type and Nature of Information

The information we collect in most cases relates to Customers but can relate to suppliers, our subcontractors and other parties we deal with. Information is gathered for a range of primary purposes, including the provision of ongoing Customer support and the compiling of Customer databases to enable us to more accurately market our goods and services.

Privacy Laws require us to manage Customers’ data in an open and transparent manner. We may collect the following personal information from Site visitors and users of our services. The types of personal information we collect include but are not limited to:

PERSONAL INFORMATION

‘Personal Information’ when used in this Privacy Policy has the meaning given to it in the Privacy Act but it generally means any information that can be used to personally identify you. The type of Personal Information we collect includes things such as name, address, contact details, buying habits, opinions, product preferences and transactional/payment details including your credit card, direct debit or PayPal account information .

PUBLIC DATA

On the Sites you may have the ability to comment or participate on blogs, discussion forums or other parts of the Site that allow you to post your comments. We may collect this data on our platform when you choose to comment or participate (“Public Data”). This Public Data includes information such as your comments, your time zone, and any information you input. You should be aware that any information you provide in this manner may be made broadly available for others.

LOG DATA

We may receive information when you view content on or otherwise interact with our services (“Log Data”). We may receive this Log Data automatically.

This Log Data includes information such as Personal Information from your interaction with us and its content, our services and our advertising, including without limitation device identifiers, device type, geo-location information, connection information, statistics on page views, traffic to and from the Site, mobile network information, time, date, referring URL, the type of operating system and browser, ad data, IP address, server address, date and time of your visit to our Site, information of documents you download, pages visited, search terms, cookie information, and standard web log data.

The Log Data may be processed for the purposes of operating our Site, providing our services, ensuring the security of our Site and services, maintaining back-ups of our databases and communicating with you.

1.2 Legal Basis for Collection of Personal Information

As a provider of a wide range of services, Funlab frequently finds that it is necessary to collect Personal Information during the course of transactions. In accordance with the Privacy Laws, the legal justification for this collection is on the basis that the Personal Information that you provide to us is required in order for you to enter into a contract with us. Accordingly, by voluntarily submitting the Personal Information to us by any of the following means, you are evidencing your consent to this Policy:

  1. activity booking and competition entry forms;
  2. application forms (including online applications to access Wi-Fi internet at some of Funlab’s Related Entities’ entertainment precincts);
  3. Funlab’s contractors, in relation to services operated by Funlab in conjunction with such contractors;
  4. email;
  5. websites (including, but not limited to, our Sites as well as social media sites such as LinkedIn, Facebook, and in some instances cookies);
  6. online transactions;
  7. networking functions (eg: business cards);
  8. over the phone;
  9. credit card details via credit card purchases on our payment platforms and gateways; and
  10. information collected from third parties.

1.3 'Sensitive Information'

We may be required from time to time to collect sensitive information from you, but will not do so without your express consent. “Sensitive Information” is given its meaning in the Privacy Act but generally includes information or an opinion about an individual’s racial, religious or ethnic origin, health information or political/ philosophical affiliations or beliefs.

1.4 Cookies and Other Similar Technologies

Subject to our obligations under the Privacy Laws, we may use cookies and similar technologies like pixels, web beacons and local storage to collect and store personal and non-personal information about how you use our Sites and our offerings.

Cookies are files that store information on the device on which you are using or accessing our Sites. Cookies also retain your details and preferences, so you can easily continue your browsing session upon return to our Sites. If you do not want to activate cookies, you can opt-out of receiving them by amending the settings of your Internet browser, although you may find that some parts of our Sites will consequently have limited functionality and personalisation if you do so.

We generally use this information to report statistics, analyse trends, administer our services, diagnose problems and target and improve the quality of our products and services. To the extent this information does not constitute Personal Information because it does not identify you or anyone else, the APP does not apply and we may use this information for any purpose and by any means whatsoever. The collection of such information, whether by us or by data aggregators, is subject to the terms of this Privacy Policy.

ADVERTISING INFORMATION

Although we do not use cookies to create a profile of your browsing behaviour on third-party sites, we do use aggregate data from third parties to show you relevant, interest-based advertising. We may track your response to our advertisements, e-mails and content, determine your ability to receive HTML-based e-mail messages, learn how many users open an e-mail and allow our service providers to compile aggregated statistics about an e-mail campaign that we are running. This information may be shared, only when anonymised, with third parties to assist them in understanding the performance of advertising in our services.

1.5 Third Party Analytics Tools

We may use third-party analytics tools to:

  • analyse usage trends on our Sites, including the tracking and reporting of Site traffic, ad conversion tracking, traffic analysis and marketing optimisation; and
  • collect this data in aggregate form so that it cannot identify any individual.

Third-party analytics tools collect non-personal information such as the web pages you visit, add-ons, and other analytics data that assists us in improving our products and services.

These tools might include, but are not limited to, Google Analytics, Google AdWords conversion tracking, Google Tag Manager, or Facebook Ads conversion tracking. Third-party cookies may be placed on your device by a service provider to us, for example, to help us understand how our products or services are being used. Third-party cookies may also be placed on your device by our business partners to advertise the service to you elsewhere on the Internet.

We reserve our rights to modify, add or remove any third-party analytics tools. By using our Sites, you consent to the processing of any non-personal information these tools will collect in the way and for the purposes described above.

1.6 Customer consent

Wherever practical, Funlab will obtain the express consent of Customers to the collection of Personal Information. In some situations, Funlab will interpret a Customer's actions as indicating that a Customer consents to the collection of Personal Information. This may occur where the Customer has provided Personal Information for a particular purpose and that purpose cannot be achieved without Funlab making use of the Customer's Personal Information.

1.7 What happens if Personal Information is not provided?

You can choose not to provide us with your Personal Information. However, this may mean that:

  • we will not be able to provide you with our Services, or be limited in how we can do so;
  • we may be unable to process and open an account for you; and/or
  • we will not be able to properly investigate or resolve any complaint you submit.


2. WHY WE COLLECT, STORE AND USE YOUR PERSONAL INFORMATION

We collect, store and use your Personal Information through lawful and fair means, so we can perform our business activities and functions.

2.1 We also hold Personal Information which we use and/or disclose for purposes other than our primary purposes in point 1.1 (“secondary purposes”). You provide your consent to us storing and using your Personal Information for the following secondary purposes:

  • for internal operations such as record keeping, database management, data analytics or training;
  • to send you marketing and promotional messages and other information that may be of interest to you, including information sent by, or on behalf of, our business partners that we think you may find interesting;
  • to manage, research and develop our products and services;
  • to maintain and develop our business systems and infrastructure, including testing and upgrading of these systems;
  • to administer competitions, rewards, surveys, or other promotional activities or events sponsored or managed by us or our business partners;
  • to communicate with you, including by email; and/or
  • to verify your identity, investigate any complaints about or submitted by you, or if we have reason to suspect that you are in breach of any of our Terms And Conditions, which can be found at the below links:

Strike Bowling: https://www.strikebowling.com.au/terms-of-use
Holey Moley: https://www.holeymoley.com.au/terms
Sky Zone: https://www.skyzone.com.au/terms-of-use
Archie Brothers Cirque Electriq: https://www.archiebrothers.com.au/terms-of-use
B. Lucky & Sons: https://www.luckyandsons.com.au/terms-of-use

2.2 We may also use Personal Information to meet our internal and external audit requirements, information security purposes, and as we otherwise believe to be necessary or appropriate:

  • under applicable law, which may include laws outside your country of residence;
  • respond to requests from courts, law enforcement agencies, regulatory agencies, and other public and government authorities, which may include such authorities outside your country of residence; and
  • to protect our rights, privacy, safety, property, or those of other persons.

2.3 With your consent, we may collect Personal Information about you or from your authorised representatives for the purpose of providing you with our services and marketing other services which we consider may be of interest to you or obtaining your feedback. For example, we may send you service-related emails (e.g., updates of Terms and Conditions, news, technical and security notices, and changes and/or updates to features of our offerings and this Privacy Policy).


3. HOW WE COLLECT, USE AND DISCLOSE YOUR PERSONAL INFORMATION

3.1 Funlab generally collect Personal Information from you in accordance with point 2.2.

3.2 We may also collect your Personal Information from third parties including:

  • service providers;
  • credit reporting bodies;
  • marketing companies;
  • referrals who may have referred you to us; and
  • organisations with whom we have an agreement to share information for marketing purposes.

3.3 By providing Personal Information to us, you consent to us collecting, using, disclosing and storing your Personal Information in accordance with this Policy. You may choose to deal with us anonymously where it is lawful or practical to do so, such as when you make a general enquiry about our Services. We will allow our Customers to transact with us anonymously or by using a pseudonym wherever that is reasonable and practicable.

3.4 Funlab may use and disclose the Personal Information it collects for the secondary purposes set out in point 2.2 of this Policy. We may disclose Personal Information, and you consent to us disclosing your Personal Information, to the following parties:

  • our employees, Related Entities and employees of those entities;
  • our business partners;
  • third parties and contractors who provide services to us, including Customer enquiries and support services, manufacturing services, shipping and freight services, debt-recovery functions, information technology service providers, marketing and advertising services;
  • payment systems operators;
  • our sponsors or promoters of any competition which we conduct;
  • any third parties authorised by you to receive information held by us; and
  • government, regulatory and law enforcement agencies as required, authorised or permitted by law.

3.5 Funlab will not use or disclose Personal Information about an individual under point 3.4 unless:

(a) both of the following apply:

(i) the secondary purpose is related to the primary purpose of collection and, if the Personal Information is Sensitive Information under point 1.3, directly related to the primary purpose of collection; and

(ii) the individual would reasonably expect Funlab to use or disclose the information for the secondary purpose- for example, we may disclose your Personal Information to an entity or individual in order to assist us to meet the primary purposes for which we collected your information;

(b) the individual has consented to the use or disclosure;

(c) it is unreasonable or impracticable for Funlab to obtain the individual’s consent and Funlab reasonably believes that the use or disclosure is necessary to lessen or prevent:

(i) a serious threat to an individual’s life, health or safety; or

(ii) a serious threat to public health or public safety;

(d) Funlab has reason to suspect that unlawful activity or misconduct of a serious nature that relates to Funlab’s activities or functions has been, is being or may be engaged in, and we use or discloses the Personal Information as a necessary part of our investigation of the matter or in reporting our concerns to relevant persons or authorities;

(e) Funlab reasonably believes that the use or disclosure is reasonably necessary to assist an APP entity, body or person to locate a person who has been reported missing;

3.6 We destroy or permanently de-identify Personal Information which is no longer needed for the purpose for which it was collected in accordance with the APP 11.2, unless we are otherwise required or authorised by law to retain the information for a period of time.

3.7 When you provide your Personal Information to us, you consent to the disclosure of your information outside of Australia (if applicable) and we will take reasonable steps to ensure that any overseas recipient will deal with such Personal Information in a way that is consistent with Australian privacy law.


4 DATA QUALITY, SECURITY AND THIRD-PARTY INFORMATION

4.1 Data quality Funlab takes reasonable precautions to ensure that the Personal Information it collects, uses, stores and discloses is accurate, complete, relevant and up-to-date. However, the accuracy of that information depends to a large extent on the information Customer’s provide. That's why we recommend that Customers:

  1. let us know if there are any errors in your Personal Information; and
  2. keep us up-to-date with changes to their Personal Information such as their name or address. The Customer may change their personal details by using the relevant facility on our Sites or by contacting us care of the contact details provided in point 14.

4.2 Data Security We hold your Personal Information in electronic form in secure databases owned and operated by our third-party service providers. We manage the security of your Personal Information by using SSL encryption.

The APP 11.1 requires us to take reasonable steps to protect the Personal Information from misuse, interference and loss, as well as unauthorised access, modification or disclosure. While we take reasonable steps to ensure your Personal Information is protected from loss, misuse, unauthorised access, modification or disclosure by using measures such as firewalls, data encryption, virus detection methods, and password restricted access, security measures over the Internet can never be guaranteed. This means that we cannot guarantee the security of your Personal Information. In the event of a breach, we will attend to the required reporting arrangements. We cannot accept responsibility for the misuse, loss or unauthorised access to, your Personal Information where the security of information is not within our control. In some circumstances, Funlab will attempt to match de-identified or anonymous data collected through surveys or such online devices as "cookies"with information identifying an individual in order to be informative, personal, and as user friendly as possible and this processing helps us to achieve that goal. By providing us your Personal Information under clause 1.2(e), you consent and agree to our cookies-related activities as set out under this clause 4.2.

Funlab requires its employees and contractors to perform their duties in a manner that is consistent with Funlab’s legal responsibilities in relation to privacy, including those in this Privacy Policy. We note that we take reasonable steps to ensure that Personal Information is only accessible by people who have a genuine "need to know" as well as "right to know."

4.3 Third-party information Our Sites may contain links to other websites, apps and social media platforms operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless stated otherwise, we are not responsible for the privacy practices of, or any content, on those linked websites, and have no control over or rights in them. The privacy policies that apply to third-party websites may differ substantially from this Policy, so we encourage you to read those privacy policies before using those websites.

If you are visiting the Sites from outside Australia, please be aware that you are sending information (including Personal Information) to Australia where our servers are located. Such information may then be transferred within Australia or back out of Australia to other countries outside of your country of residence, depending on the type of information and how it is stored by us. These countries (including Australia) may not necessarily have data protection laws as comprehensive or protective as those in your country of residence; however, our collection, storage and use of your Personal Information will at all times continue to be governed by this Privacy Policy.


5. NOTIFIABLE DATA BREACHES

If you reside in Australia, in the event that there is a data breach and we are required to comply with the notification of eligible data breaches provisions in Part IIIC of the Privacy Act or any other subsequent sections or legislation which supersede this Part IIIC, we will take all reasonable steps to contain the suspected or known breach where possible and follow the following process set out in this clause.

We will take immediate steps to limit any further access or distribution where possible. If we have reasonable grounds to suspect that the data breach is likely to result in serious harm to any individuals involved, then we will take all reasonable steps to ensure an assessment is completed within 30 days of the breach or sooner if possible. We will follow the guide published by the Office of the Australian Information Commissioner (if any) in making this assessment.

If we reasonably determine that the data breach is not likely to result in serious harm to any individuals involved or any remedial action we take is successful in making serious harm no longer likely, then no notification or statement will be made.

Where, following an assessment and undertaking remedial action (if any), we still have reasonable grounds to believe serious harm is likely, as soon as practicable, we will provide a statement to each of the individuals whose data was breached or who are at risk. The statement will contain details of the breach and recommendations of the steps each individual should take. We will also provide a copy of the statement to the Office of the Australian Information Commissioner.


6. ACCESSING AND CORRECTING PERSONAL INFORMATION

You may Contact Us to correct, delete or update your Personal Information. We may need to obtain proof of your identity before implementing your request and may refuse to provide you with certain information where permitted or required by law.

Funlab may, in accordance with the APP, refuse to provide the Customer with access to its Personal Information if, for instance, granting the Customer such access would pose a serious threat to the Customer’s life or to the health and safety of any individual or have an unreasonable impact on the privacy of any other individual.

If the Customer believes that the Personal Information we hold about the Customer is incorrect, incomplete or inaccurate, then the Customer may request us to amend it. We will consider if the information requires amendment. If we do not agree that there are grounds for amendment, then we will add a note to the Personal Information stating that the Customer disagrees with it.

If the Customer:

  • wishes to lodge a request to access and/or correct its Personal Information; or
  • has been refused access to its Personal Information by us for any reason described in this Policy and the Customer wishes to challenge that refusal;

the Customer may do so by contacting our Privacy Officer as per the details in point 14 below. The procedure for challenging such a refusal is also set out in point 14 below.

We will not normally charge a fee for processing an access request unless the request is complex or is resource intensive. We do, however, reserve the right to charge an administration fee if an individual requests access to their Personal Information more than once in a 3 month period.

Where we offer online account management facilities, Customers can use this capability to control aspects of their account, including amending or updating certain Personal Information.


7. MINORS

Funlab has adopted the position proposed by the Privacy Commissioner that a young person is able to give their consent when he or she has a sufficient understanding and maturity to understand what is being proposed. Where Funlab is aware that it is gathering information from a minor, Funlab will obtain consent from a legal guardian for the collection of the information. Where this is not possible, Funlab's staff will make a determination as to the minor's understanding of why the Personal Information is being collected, before deciding to collect that information.


8. COMPETITIONS

Personal information gathered during competitions or any other means where your Personal Information is provided to us via one of the Sites run by Funlab will be governed by the principles set out in this Privacy Policy unless an express statement is made in relation to privacy in the conditions of entry for the competition or on the relevant Sites.


9. TRANSFERRING INFORMATION OVERSEAS

If we send personal information overseas, we will take steps which are both reasonable and practicable to ensure that the overseas recipient handles such information in accordance with the Privacy Laws.

We may disclose your personal information to entities located outside of Australia, including the following:

  • our data hosting and cloud based IT service providers;
  • our offices (including their employees, staff, officers and agents) located in New Zealand and Singapore; and/or
  • other third parties operating in jurisdictions including New Zealand and Singapore.

We will only transfer Personal Information about an individual to someone who is in a foreign country if:

  1. we reasonably believe that the recipient of the information is subject to a law, or binding scheme, which effectively overall upholds principles for protection of the information that are substantially similar to the Australian Privacy Laws, and there are mechanisms that an individual can access to take action to enforce that law or binding scheme;
  2. we have taken such steps as are reasonable in the circumstances to ensure that the information which it has transferred will not be held, used or disclosed by the recipient of the information inconsistently with the Australian Privacy Principles; or
  3. the individual has been expressly informed that if they consent to the transfer, paragraph (a) will not apply, and the individual consents to the transfer.

10. DIRECT MARKETING

We may send you direct marketing communications and information about products and services that we consider may be of interest to you. These communications may be sent in various forms, including mail, over the phone, via SMS or via email, in accordance with applicable marketing laws, such as the Spam Act 2004 (Cth) and the Do Not Call Register Act 2006 (Cth). If you indicate a preference for a method of communication, we will endeavour to use that method whenever practical to do so.

In addition, at any time, you may opt-out of receiving marketing communications from us by contacting us or by using the opt-out facilities provided (e.g. an unsubscribe link), or by updating your personal details on our website using the link provided on this page (if available). We will then ensure that your name is removed from our mailing list

If you receive communications from us that you believe has been sent to you other than in accordance with this Policy, or in breach of any law, please contact us using the details provided in point 14 below.


11. AUTOMATED INDIVIDUAL DECISION-MAKING (INCLUDING PROFILING)

If you reside in the European Union or EFTA States, you shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you, or similarly significantly affects you, as long as the decision is not necessary for entering into, or the performance of, a contract between us, or is not authorised by Union or Member State law to which we are subject and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interests, or is not based on your explicit consent. If you wish to exercise your rights please contact us.


12. ASSIGNMENT, CHANGE OF CONTROL AND TRANSFER

All of our rights and obligations under our Privacy Policy are freely assignable by us to any of our affiliates, in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner.


13. CHANGES TO THE PRIVACY POLICY

We may update this Privacy Policy at any time and from time to time. Any changes will be effective when posted on these Sites. Your continued use of the Sites will indicate your acceptance of any changes to the Privacy Policy. All Personal Information, collected both before and after any changes take effect, will be subject to the terms of the revised Policy (for which you will be taken to have provided consent) unless you indicate otherwise by contacting the office Funlab’s Privacy Officer as per the details in point 14. We urge you to refer back to this page regularly and especially prior to providing us with any Personal Information.


14. CONTACT US AND OPT OUT

If you have any feedback or questions about this Privacy Policy, any privacy related dealings with us or a possible breach of your privacy or would like further information about our information management practices, you can contact Funlab’s Privacy Officer, care of the following details:

Privacy Officer
Funlab Holdings Pty Limited
90-94 Nicholson Street
Abbotsford, VIC, 3067
Email: [email protected]

Once the Privacy Officer receives a complaint from you, the Privacy Officer will within a reasonable time after receiving the complaint begin investigating the complaint. In investigating the complaint the officer may use additional resources within our organisation to determine the nature of the complaint. We may contact you during this investigation if necessary. If a breach is found, the Privacy Officer will escalate the matter to management to ensure that the process which caused the breach is remedied. We will also contact you to inform you of the outcome of the investigation within a reasonable time after the conclusion of the same. We will treat your complaint during the investigation period confidentially and aim to resolve your complaint in a timely fashion and a satisfactory manner. Further information on privacy can be obtained from the Privacy Commissioner at www.privacy.gov.au.

You may notify us at any time that you do not wish to receive marketing or promotional material by contacting us directly or through the “Unsubscribe” mechanism in our marketing or promotional emails. Our contact details can be found above.

© 2019 FUNLAB. ALL RIGHTS RESERVED.

This Privacy Policy was last updated on 27 February 2019.