This policy contains information about:

• when you can deal with FreeGaaming anonymously;
• the purposes for which FreeGaaming collects, holds, uses and discloses personal information;
• the types of personal information that FreeGaaming collects;
• how FreeGaaming collects and holds personal information;
• how you may access the personal information that FreeGaaming holds about you, and how you may seek correction of that personal information; and
• how you may complain about a breach of the Australian Privacy Principles by FreeGaaming and how FreeGaaming will deal with such a complaint.

Appendix A to this policy contains further information which FreeGaaming is required to disclose under the Privacy Act 1988 (Cth) to individuals who apply in-store for credit from a third party credit provider (such as HSBC or Telstra).

When can you deal with FreeGaaming anonymously?

Generally, you can deal with FreeGaaming anonymously (i.e. without identifying yourself). In certain circumstances however, FreeGaaming will ask you to provide personal information because it is required by law or FreeGaaming’s policies to do so, or because it would be impracticable to deal with you anonymously. These circumstances include where you order goods online (including when you pick up such goods from one of our stores), where you trade-in or buy second-hand games, where you purchase pre-paid mobile phone services, where you sign up to a post-paid mobile phone plan, where you purchase an extended warranty on a product or accidental damage insurance, where you apply to purchase goods on finance, where you return goods for repair, where you purchase goods to be delivered or installed, collect goods from a FreeGaaming warehouse or storeroom, where you enter one of our competitions, when you submit a request, enquiry, complaint, consumer guarantee or warranty claim, when you pre-order goods and when you purchase goods on lay-by.

Why does FreeGaaming collect, hold, use and disclose personal information?

FreeGaaming collects, holds, uses and discloses personal information for a number of purposes connected with our business operations, which include:

• providing you with products and/or services you have ordered/purchased;
• dealing with requests, enquiries, complaints, consumer guarantee or warranty claims, and other customer care related activities;
• marketing our products and services and providing advice on our products;
• making recommendations or suggestions to you in relation to our products and services;
• developing and improving our products and services (for example, through customer reviews and surveys);
• in connection with our loyalty or reward programmes and competitions;
• the operation and administration of accounts or subscriptions that you have with us;
• payment processing;
• processing a refund or exchange of a product;
• carrying out certain checks (for example, for our fraud or theft prevention processes, if you wish to open an account with us, obtain credit from us, collect goods from a FreeGaaming warehouse or storeroom, or pick-up goods in-store that have been ordered online);
• interacting with companies or organisations with whom FreeGaaming has a business relationship (where you work for, or otherwise represent, such an organisation);
• reconciling payments due to FreeGaaming from suppliers in relation to goods or services provided to you by those suppliers;
• purposes relating to any third party acquisition or potential acquisition of an interest in FreeGaaming or its assets;
• complying with our obligations under agreements with third parties (for example, under our authorised dealer arrangements with Telstra and our arrangements with consumer finance providers); and
• carrying out day to day surveillance of our stores for operational and security purposes;
• carrying out any activity in connection with a legal, governmental or regulatory requirement that we have to comply with, or in connection with legal proceedings, crime or fraud prevention, detection or prosecution. In particular, FreeGaaming is required by law to collect personal information in certain circumstances, including:
  • if you trade-in goods (under, depending on the State or Territory in which you are located, the Second-hand Dealers and Pawnbrokers Act 2003 (Qld), the Second-hand Dealers and Pawnbrokers Act 1996 (SA), the Second-hand Dealers and Pawnbrokers Act 1994 (Tas), the Second-Hand Dealers and Pawnbrokers Act 1989 (Vic), the Consumer Affairs and Fair Trading Act 1990 (NT) and related regulations); and
  • if you activate pre-paid mobile telecommunications services in a FreeGaaming store (in accordance with the Telecommunications Act 1997 (Cth) and the Telecommunications (Service Provider – Identity Checks for Pre-paid Public Mobile Telecommunications Services) Determination 2013).

We may also use and disclose your personal information for other purposes related to those described above which would be reasonably expected by you.

Documents (including hard copy documents and electronic documents such as emails) which coincidentally contain personal information will also be retained in accordance with FreeGaaming’s normal document retention practices for accounting, legal and business purposes.

Generally, you have no obligation to provide any personal information requested by us. However, if you choose not to do so where we require this information, we may not be able to provide you with the goods and services that you want or deal with a request, enquiry or complaint that you have.

What personal information does FreeGaaming collect?

The kinds of personal information we collect or which we may hold about you may include:

• your name;
• your address;
• your date of birth;
• your telephone number(s);
• your e-mail address;
• payment information;
• financial information such as your bank account details;
• transaction information;
• your user name and password;
• details about your earnings (if you are buying products using a finance plan);
• information contained on identification documents (such as driving licences) and, in some specific cases, copies of such identification documents, where we require these to verify your identity;
• information on how you use our products and services;
• your Internet Protocol (“IP”) address, server address, domain name and information on your browsing activity when visiting one of our websites;
• your user name for social networking sites that you use, to refer to, or in conjunction with, our goods and services;
• personal preferences or views regarding products and services; and
• video and audio surveillance and recording of you when you visit one of our stores or pick up goods from a collection area.

How does FreeGaaming collect and hold your personal information?

We collect personal information in a number of ways including:

• when you order goods or services from us (either online, in-store or over the telephone);
• when you collect goods that you have ordered from us, including from a FreeGaaming warehouse or storeroom;
• when you set up an account with us;
• when you purchase certain products or extended warranties from us;
• when you buy goods on lay-by or “duty-free” goods;
• when you pay for goods by cheque;
• when you request for a refund or exchange of a product;
• when you subscribe to our catalogues or mailing lists or those of certain partners of ours such as Stack magazine;
• when you subscribe to FreeGaaming subscription service;
• when you sell second-hand goods to us or buy second-hand goods from us;
• when you enter competitions or promotions that we run;
• when you provide us your details for customer care purposes;
• when you browse one of our websites (further information is set out later in this Privacy Policy);
• when you submit an enquiry using one of our websites;
• when you complete surveys or provide online feedback or product reviews; and
• when you publicly comment about us on social media sites (for example so that we can answer questions about our products); and
• through the video and audio surveillance and recording located in our stores, outside out stores (e.g. in the front entry area of a store) or collection areas (e.g. loading docks), when you visit one of our stores or pick up goods from a collection area.

Generally, FreeGaaming will collect your personal information directly from you. However, FreeGaaming also holds information, collected incidentally, concerning individuals who work for companies or organisations that have a business relationship with FreeGaaming. Additionally, if you apply for a job with FreeGaaming, we may collect personal information about you from any third parties that you nominate as your referees in your application.

FreeGaaming holds personal information in a number of ways, including:

• as part of customer records and other electronic documents on which personal information is contained which are stored on our information technology systems and servers operated by third parties who provide services to us in connection with our business; and
• by securely storing hard copy documents on which personal information is contained, at our various premises and using third party document management and archiving services.

Marketing

We may use your personal information that we have collected to promote and market products and services to you, including through methods such as email and SMS. We will not use your personal information for marketing purposes where you have opted out of receiving such communications.

Please note that when you create an account with us your details you agree to subscribe to our marketing communications and your details will be added to our marketing database to receive information relating to FreeGaaming and our products and services.  You may also choose to subscribe to our marketing communications by signing up on our website.

How to unsubscribe

You can unsubscribe from our marketing communications at any time in one of the following ways:

• Emails: Select the “unsubscribe” option in one of the emails that you’ve received from us to unsubscribe, this option can usually be found at the top right or bottom of the email. Please note that if you have an account with FreeGaaming, we may still need to send you information about your account or purchase.
• SMS: Unsubscribe by texting the stated response word e.g. “STOP” to the mobile number provided in the SMS we sent you.

Alternatively, you may opt-out of receiving marketing communications by submitting a privacy enquiry.

Submit a privacy enquiry

Sharing your personal information

FreeGaaming may disclose or receive personal information or documents about you, including to/from:

• organisations that provide services to us in connection with our business, including customer support, customer experience/engagement, payment processing, administration, archival, data storage, data analytics, hosting, research, mail and delivery, installation, distribution, logistics, marketing, auditing, share registry, consulting, financial and legal advisory, banking, debt collection, security or technical services and the operation of FreeGaaming websites. In some cases these service providers may collect your personal information on our behalf;
• manufacturers and distributors of goods;
• if you return goods to FreeGaaming to be repaired, third parties including our repairs system administrator, the manufacturer of the goods and authorised repairers;
• law enforcement agencies to assist in the prevention, investigation and prosecution of criminal activities;
• parties involved in any third party acquisition or potential acquisition of an interest in FreeGaaming or its assets;
• our insurers and insurance brokers;
• if goods you purchase from FreeGaaming are subject to a product recall, the manufacturer or distributor of those goods; and
• to other third parties where you have specifically consented to the disclosure of information to these third parties.

Additionally, if you return goods to us on which personal information is stored for repair (for example, on a mobile phone or computer) and do not delete that personal information, FreeGaaming will send the goods to the repairer. By returning such goods to FreeGaaming for repair, you consent to FreeGaaming disclosing any personal information contained on the goods to the repairer, by way of FreeGaaming sending the goods to the repairer.

One of the third parties we use to help us detect and prevent fraudulent transactions is a company called Riskified that will use your personal data in accordance with and for the purposes set out in their privacy policy (available at https://www.riskified.com/privacy/). When you submit an order on the FreeGaaming website, Riskified will use the personal information submitted as part of your order to provide us with a fraud analysis indicating whether or not your order is, in Riskified’s assessment, a fraudulent transaction. Riskified will also use this personal information in accordance with its Privacy Policy above, including to provide similar fraud analysis services to Riskified’s other clients, if you place an order on a website of one of Riskified’s other clients. By reviewing the data of your activities across the merchant websites to which it provides fraud analysis services, Riskified is able to detect fraudulent activity with a much higher degree of accuracy.

Disclosure of personal information to overseas recipients

FreeGaaming is likely to disclose the personal information that it collects and holds about you to third parties who are not in Australia (such as third parties who are located in the United States of America, Singapore, the United Kingdom, Holland, Israel and New Zealand) for one or more the purposes set out in this policy e.g. to provide you the goods/services you have purchased. Some of the jurisdictions in which these third parties are located may have less protective privacy and data protections laws than Australia.

Personal information collected on behalf of other parties

FreeGaaming may collect information about you on behalf of third parties. For example:

• information collected for Telstra if you wish to enter into a contract with Telstra; or
• information collected for finance providers such as Flexigroup, HSBC Consumer Finance and GE Money Australia if you wish to purchase goods on finance.

In these cases the documentation that you sign will set out how the personal information that you provide will be used by these third parties and the privacy policies of the third parties will apply. FreeGaaming may also receive personal information or documents about you from these third parties where necessary in connection with the provision of goods or services by FreeGaaming.

How we deal with your personal information if you apply for a job with us

If you apply for a job with us, you may be required to provide us with certain personal information, including your name, employment and educational background, and other personal information which we may require you to provide, or which you choose to provide us, in relation to your job application.

We will hold, use and disclose that information solely for the purpose of considering your application. In particular, in considering your application, it may be necessary for us to disclose some of that information to third parties to verify the accuracy of that information. In such circumstances, we will disclose only such information as is necessary in the circumstances.

In considering your application, we may also collect personal information about you from any third parties that you nominate as your referees in your application.

Security of your personal information

We will take reasonable steps to ensure that the personal information that we hold is stored in a secure environment protected from misuse, interference and loss and any unauthorised access, modification or disclosure.

How to access, correct and update your personal information

Upon your request, FreeGaaming will provide access to your personal information that we hold (except in certain circumstances set out in the Privacy Act 1988 (Cth)). FreeGaaming reserves the right to charge you an administration fee of $25 for providing access to your personal information and will, of course, require some proof of your identity before providing information to you.

You may also request us to correct the personal information that FreeGaaming holds about you. If you do so and we are satisfied that, having regard to a purpose for which the information is held, the information is inaccurate, out-of-date, incomplete, irrelevant or misleading, FreeGaaming will take such steps as are reasonable in the circumstances to correct your personal information to ensure that, having regarding to the purpose for which it is held, the information is accurate, up-to-date, complete, relevant and not misleading.

To request access to the personal information that FreeGaaming holds about you, or to update or correct that personal information, please submit a privacy enquiry.

In addition:

• if you are a subscriber to our marketing database you can also update your details via the “unsubscribe” option in one of the emails that you receive from us;
• if you subscribe to one of our services you can also update your details via that service.

How to make a complaint

If you are concerned that the way FreeGaaming collects, holds, uses or discloses your personal information may be in breach of the Australian Privacy Principles, please send the details of your complaint to The Privacy Officer by submitting a privacy enquiry.

Submit a privacy enquiry

How FreeGaaming will handle complaints

After receiving a complaint, we will consider whether we need any further information from you to properly consider and investigate the complaint, and may request such information from you. We will then:

• conduct internal discussions with the relevant business units involved in the collection, holding, use or disclosure of your personal information which is the subject of your complaint, and evaluate whether we believe that such collection, holding, use or disclosure of your personal information was in breach of the Australian Privacy Principles; and
• notify you of the results of our investigation of your complaint.

If the conclusion of our investigation is that our collection, holding, use or disclosure of your personal information was in breach of the Australian Privacy Principles, we will take steps to remedy the breach as soon as reasonably practicable.

We will endeavour to notify you of the results of our investigation of your complaint within 30 days of receiving your complaint. However, if your complaint involves complex matters or requires extensive investigation and consultation, it may not be possible to respond within this timeframe.

If you are not satisfied with our response to your complaint you are entitled under the Privacy Act 1988 (Cth) to make a complaint to the Office of the Australian Information Commissioner. Information about how to make a complaint is available from the Office of the Australian Information Commissioner’s website (www.oaic.gov.au).

Additional information for EU customers

If you are an individual located in the European Union (“EU customer”), you have additional rights under the General Data Protection Regulation (“GDPR”), including those set out below.

• You may withdraw your consent for us to process your personal information at any time.
• You may request for us to “erase” any personal information we hold about you.
• Where we have processed your personal information by automated means, you may request to receive your personal information in a structured, commonly used and machine-readable format. You may also request that, where possible, we transmit such data to another third party controller.
• If you have any concerns about how we are handling your personal information under the GDPR, you may lodge a complaint with your relevant EU supervisory authority.

You consent to the transfer of your personal information from the EU to Australia, and from Australia to other third countries, in accordance with this policy. You may request further information in relation to the safeguards in place for any international transfers of your personal information.

Additional information for purchasers of mobile phones

Unless you have opted out, when you buy a mobile phone and / or a mobile phone service, FreeGaaming may collect and use your personal information for the purposes of follow up communications, associated products/services or marketing communications.

When you buy a mobile phone, FreeGaaming will ask you to provide proof of identity details such as a Credit Card, Drivers License or Passport and the phone’s unique identification number (IMEI) will be recorded. In the case of prepaid phones which include a sim card and phones sold in conjunction with post-paid phone plans your personal information is collected in accordance with government regulations, as a condition of JB Hi-Fi’s licence as a Telstra dealer and for the purpose of provisioning Telstra services and accounts. If you refuse to provide this information when purchasing a product of this type then FreeGaaming will not be able to sell it to you.

FreeGaaming also collects and retains personal information, such as your name, proof of ID reference number, date of birth, address and phone IMEI number from the sale of all mobile phone handsets for the purpose of record keeping in accordance with its Consumer Guarantees Compliance Program (warranties regarding acceptable quality and fitness for purpose), including for the purpose of facilitating efficient retrieval and authentication of records in the event of warranty claims and product returns (for example, if you have lost your receipt). Details are also recorded in accordance with FreeGaaming’s fraud and theft prevention strategies.

In the case of an “Outright” phone purchase, personal information is not transmitted to any telecommunications carrier or government agency.

If you are purchasing an Outright Phone (a phone without a Sim card included and that is not on a “plan”) in a FreeGaaming store and do not wish to have FreeGaaming collect your personal information, you can advise FreeGaaming staff that you would like to purchase the Outright Phone “Anonymously”. Staff will still be required to collect the phone’s unique IMEI number but will not record any personal identity information in FreeGaaming’s system and will record the sale as “Anonymous”. Purchasing an Outright Phone “Anonymously” means that, if you lose your receipt, FreeGaamingmay not be able retrieve evidence of your proof of purchase for consumer guarantee (warranty) purposes. Please note that you will not be able to purchase an Outright Phone “Anonymously” if you are purchasing online (including for pick-up in store).

The other provisions of this Privacy Policy also apply to the purchase of mobile phones.

Additional information for users of our websites

If you visit www.jbhifi.com.au, www.jbhifionline.com.au or any other FreeGaaming websites (the “Websites”) to read, browse or download information, our system may record information such as the date and time of your visit to the Website, the pages accessed and any information downloaded. This information is used (i) for statistical and reporting purposes; (ii) for website administration, security and maintenance purposes; and (iii) to direct you to material on our Websites that we believe will be of interest to you.

Like many websites, our Website uses “cookies”. Cookies are small text files that we transfer to your computer’s hard drive through your web browser to enable our systems to recognise your browser and your log-in status. Cookies may also be used to record non-personal information such as the date, time or duration of your visit, or the pages accessed, for website administration, statistical and maintenance purposes and to measure traffic and visitor behaviour, and to understand the impact of online advertising, use remarketing and audience targeting. Any such information will be aggregated and not linked to particular individuals. The default settings of browsers like Internet Explorer usually allow cookies, but users can easily erase cookies from their hard-drive, block all cookies, or receive a warning before a cookie is stored. Please note that some parts of the Website may not function fully for users that disallow cookies.

Our Website also uses tags, which are tiny bits of website code that allow us to measure traffic and visitor behaviour, and to understand the impact of online advertising, use remarketing and audience targeting. These tags do not collect any personally identifiable information.

While we take great care to protect your personal information on our Website and use state-of-the-art data transmission encryption, unfortunately no data transmission over the Internet can be guaranteed to be 100% secure. Accordingly, we cannot ensure or warrant the security of any information that you send to us or receive from us online. This is particularly true for information you send to us via email. We have no way of protecting that information until it reaches us. Once we receive your transmission, we use our best efforts to ensure its security in our possession.

The Websites may contain links/ plug-ins to other sites. We are not responsible for content of, or the privacy practices or policies of, those sites.

Exemptions

FreeGaaming sometimes handles personal information relying on exemptions under the Privacy Act 1988 (Cth), for example in relation to (i) employee records; (ii) related bodies corporate; (iii) provision of services to State or Territory authorities; and (iv) operations outside Australia relating to personal information of non-Australians.

Any permitted handling of personal information under such exemptions will take priority over this Privacy Policy to the extent of any inconsistency.

Privacy queries

If you have any queries or concerns, further information can be obtained by contacting our Privacy Officer by submitting a privacy enquiry or by post to The Privacy Officer, FreeGaaming Group Pty Ltd, pre-paid post PO BOX 83 The Crescent, Fairfield NSW 2165.

Submit a privacy enquiry

FreeGaaming Limited 

Version 13 – Date of publication 14 April 2022

APPENDIX A – Further information for individuals who apply in-store or on the FreeGaaming website for credit from a third party credit provider

Background

As part of FreeGaaming’s arrangements with third party credit providers (such as HSBC and Telstra):

• customers may apply in-store for credit provided by third party credit providers; and
• FreeGaaming may assist in the processing of such applications.

This Appendix A contains certain information which FreeGaaming is required under the Privacy Act 1988 (Cth) to disclose to individuals who apply in-store for credit from a third party credit provider. In this Appendix A, these individuals are referred to as Third Party Credit Applicants.

Unless you are a Third Party Credit Applicant, the information in this Appendix A will not be relevant to you.

What kinds of credit-related information does FreeGaaming collect and hold about Third Party Credit Applicants?

FreeGaaming may collect (and hold) certain personal information contained in the application documentation completed by Third Party Credit Applicants when they apply in-store for credit from a third party credit provider, including his or her:

• full name;
• date of birth;
• sex;
• current address (as shown on his or her driver’s licence);
• employer; and
• driver’s licence number.
• FreeGaaming will also collect (and hold) certain information contained in the application documentation completed by Third Party Credit Applicants about the credit applied for by Third Party Credit Applicants, including:
• the name of the third party credit provider;
• the type of credit applied for;
• the day on which the credit is applied for (and entered into);
• the terms and conditions of the credit applied for (including in relation to repayment);
• the maximum amount of credit available under the consumer credit applied for; and
• the expiry date of the credit.

The information described in the preceding 2 paragraphs is collectively referred to as Application Documentation Information.

Why does FreeGaaming collect, hold, use and disclose Application Documentation Information?

FreeGaaming collects, holds, uses and discloses Application Documentation Information for the purposes of:

• submitting the application documentation completed by Third Party Credit Applicants to the relevant third party credit providers; and
• administering its arrangements with those third party credit providers.

Hard copies of the application documentation signed by Third Party Credit Applicants (which will contain Application Documentation Information) will also be retained in accordance with FreeGaaming’s normal document retention practices for legal and business purposes.

How does FreeGaaming hold Application Documentation Information?

FreeGaaming holds Application Documentation Information by securely storing the hard copy application documentation signed by Third Party Credit Applicants, at our various premises and using third party document management and archiving services.

Is FreeGaaming likely to disclose Application Documentation Information to recipients who are not subject to Australian privacy laws?

FreeGaaming is not likely to disclose Application Documentation Information to recipients who are not subject to Australian privacy laws.

How to correct and update your Application Documentation Information

You may also request us to correct the Application Documentation Information that FreeGaaming holds about you. If you do so and we are satisfied that, having regard to a purpose for which the information is held, the information is inaccurate, out-of-date, incomplete, irrelevant or misleading, FreeGaaming will take such steps as are reasonable in the circumstances to correct your Application Documentation Information to ensure that, having regarding to the purpose for which it is held, it is accurate, up-to-date, complete, relevant and not misleading.

To request FreeGaaming to correct or update the Application Documentation Information that it holds about you, please send a written request to The Privacy Officer by submitting a privacy enquiry.

How to make a complaint

If you are concerned that the way FreeGaaming collects, holds, uses or discloses your Application Documentation Information may be in breach of Division 3 of Part IIIA of the Privacy Act 1988 (Cth) or the registered Credit Reporting Privacy Code, please send the details of your complaint to The Privacy Officer by submitting a privacy enquiry.

Submit a privacy enquiry

How FreeGaaming will handle complaints

After receiving a complaint, we will consider whether we need any further information from you to properly consider and investigate the complaint, and may request such information from you. We will then:

• conduct internal discussions with the relevant business units involved in the collection, holding, use or disclosure of your Application Documentation Information which is the subject of your complaint, and evaluate whether we believe that such collection, holding, use or disclosure of your Application Documentation Information was in breach of Division 3 of Part IIIA of the Privacy Act 1988 (Cth) or the registered Credit Reporting Privacy Code; and
• notify you of the results of our investigation of your complaint.

If the conclusion of our investigation is that our collection, holding, use or disclosure of your Application Documentation Information was in breach of Division 3 of Part IIIA of the Privacy Act 1988 (Cth) or the registered Credit Reporting Privacy Code, we will take steps to remedy the breach as soon as reasonably practicable.

We will endeavour to notify you of the results of our investigation of your complaint within 30 days of receiving your complaint. However, if your complaint involves complex matters or requires extensive investigation and consultation, it may not be possible to respond within this timeframe. In these circumstances, we will seek your agreement to a longer period for us to respond to your complaint.

If you are not satisfied with our response to your complaint you are entitled under Part V of the Privacy Act 1988 (Cth) to make a complaint to the Office of the Australian Information Commissioner. Information about how to make a complaint is available from the Office of the Australian Information Commissioner’s website (www.oaic.gov.au).