Privacy Policy

Tough Mudder Pty Ltd ACN 151 871 340 (“Tough Mudder”, “us”, “we”, “our”) is strongly committed to protecting the privacy of your personal information. The policies below are applicable to our website: ToughMudder.com.au (the “Website”).

1. Purpose

This privacy policy (the “Privacy Policy”) is intended to let you know (1) the kinds of personal information we may gather during your visit to the Website, (2) why we gather your information, (3) how we might use your personal information f, (4) when we might disclose your personal information, and (5) how you can manage your personal information.

Please be advised that the practices described in this Privacy Policy apply only to information we gather on our Website. In addition to our registration services provider (currently, Eventbrite.com), our Website may contain links to third-party websites that are not owned or controlled by us. We assume no responsibility for the content, products, services, policies, or practices of any third-party website(s). By visiting those sites, you may be subject to the privacy policies and/or terms and conditions of use that may apply to such third party website(s). This privacy policy sets out how we comply with our obligations under the Privacy Act 1988 (Privacy Act). As an Australian organisation, we are bound by the Information Privacy Principles (IPPs) in the Privacy Act which regulate how agencies may collect, use, disclose and store Personal Information, and how individuals may access and correct Personal Information held about them.

In this privacy policy, 'Personal Information' has the same meaning as defined by section 6 of the Privacy Act:

  • information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.
2. Your Acceptance

By using our Website, you acknowledge that you understand and will abide by our Privacy Policy and consent to us using your Personal Information collected by us. If you do not agree to the terms of our Privacy Policy, please do not use the Website. We may change this Privacy Policy from time to time. We will provide notice by, at a minimum, updating this posting. You should periodically review this privacy policy carefully. Your continued use of our Website following the posting of changes to these terms will mean you accept those changes.

3. Contact

If you have any questions about this Privacy Policy, and do not see your concerns addressed here, or wish to make changes to any Personal Information you have submitted to us, please contact us by email at support@toughmudder.com or telephone the Privacy Officer on +1347-767-5904

4. Information We May Collect

Except as disclosed below, we do not sell, barter, give away, or rent your Personal Information (defined in Section 4(a) below).

(a) Personal Information. Use of certain features of the Website, for example signing up to receive our newsletter, or responding to our survey(s) may require that you provide to us certain personally identifiable information, in other words, information that identifies or describes you, such as your name, email address, telephone numbers, address, zip code, age, and gender. We also may collect and store Personal Information about you that we receive from other sources, e.g. information you email to us; information we collect through surveys such as the Media Profile Survey or the Tough Mudder Universe Survey; or the information we receive from Eventbrite.com when you register for a Tough Mudder event as a participant or spectator. Eventbrite.com has its own privacy policy and you should refer to it for any questions you may have about the information Eventbrite, Inc. collects about you when you register for a Tough Mudder event using Eventbrite.com. Use of our Website by you shall be deemed to be an acknowledgement that it will be unreasonable for us not to obtain Personal Information from other sources in addition to yourself.

(b) Aggregated Information. Even if you do not request a newsletter or fill-out a survey, when you interact with our Website, we may collect certain non-personal information. For example, our servers keep an activity log that tracks all visitors to the Website. The information in the activity log does not identify you individually, but may include (among other data): your IP address, your registered domain or home server, time of access, date of access, web page(s) visited, number of clicks, software crash reports, type of browser used, session identification number, search terms, search results, access times and referring website’s address(es).

(c) Cookies and Spyware. We do not install spyware on your computer, nor do we use spyware to retrieve information from your computer.

Like many other websites, we may use “cookies”, which are small text files that are stored on your computer or internet enabled equipment when you visit certain online pages that record your preferences. We may use cookies to track your use of our Website and its features. We may also use cookies to monitor traffic, improve the Website and make it easier and/or more relevant for your use.

You may occasionally get cookies from companies with links on our Website. We do not control these cookies, and these cookies are not subject to our Privacy Policy.

You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but, if you prefer, you can usually modify your browser setting to decline cookies. By not accepting cookies you may not be able to access certain information and certain features on the site may not function as intended. For more information on cookies and how to disable them, you can consult the information provided by the Interactive Advertising Bureau at www.allaboutcookies.org.

(d) No Information Collected From Children. Our site is not directed to children under the age of 13, and we do not knowingly collect Personal Information from children under 13 years of age nor do we knowingly correspond in any manner with children under 13. If you are under 13 years of age you should not use this Website, and under no circumstance should you send information about yourself to us. If we discover that a child under the age of 13 has provided us with Personal Information, we will immediately delete that child’s information from the Website and cease any further communication.

(e) Unsolicited Personal Information from Third Parties. In circumstances where we receive Personal Information about you from unsolicited third parties, if we do not consider that such Personal Information is of the type we could have collected from you under this Policy, we shall destroy or de-identify any such unsolicited Personal Information.

5. How We May Use Your Information

Except as disclosed in this Privacy Policy, we do not use or disclose information about your individual visits to our Website or your Personal Information collected online to any third parties other than those with whom we partner or with whom we are affiliated without your consent.

(a) In General. We use your Personal Information to communicate with you about your interest in our Tough Mudder events and our company, to help us improve your experience on the Website and, in some cases, to promote our Tough Mudder events and/or to inform visitors to our Website about the individuals and teams who participate in our Tough Mudder events. We may also use your information to prevent or detect abuses of our Terms of Use and/or Privacy Policy, and/or to enable third parties to carry out technical or other functions on our behalf.

(b) Your Submissions. By giving us your Personal Information either through our Website, by email or otherwise, you expressly consent to our collection, use and disclosure of your Personal Information as described in this Privacy Policy. When you submit Personal Information to us, we may use your Personal Information to contact you, and we may provide it to certain third parties for marketing or promotional purposes. For example:

  • If you fill out a Media Profile Survey, we may share your Personal Information with members of the media and other third parties for marketing and promotional purposes.
  • If you fill out a Tough Mudder Universe Survey, we may post certain Personal Information about you in the “Participant Profiles” portion of our Website and may share it with third parties for marketing and promotional purposes. We will not post your contact information on our Website, but please be careful about what you disclose to us and do not disclose any information that you expect to keep private.
  • If you fill out a survey expressing interest in volunteering for and/or hosting a Tough Mudder event or if you request to receive posters or our newsletter, we may use your Personal Information to contact you and may share your Personal Information with third parties for purposes of fulfilling your request.

(c) Use of Anonymous Information. We may use anonymous information to help us determine how you use parts of the Website and how we can improve our Website. We may also use anonymous information to provide information in aggregated form to our partners and other third parties about how our users collectively use the Website. We may also use or share anonymous information (or other information, other than Personal Information) in any other manner that we decide is appropriate or necessary.

(d) Third-Parties. We may occasionally have third party representatives, agents, affiliates and partners that perform functions on our behalf, such as event registration, marketing, analytics, etc. These entities may have access to your Personal Information but only as needed to perform their services.

(e) Emergency Situations. We may also use or disclose Personal Information if required to do so by law or in the good-faith belief that such action is necessary to: (a) conform to applicable law or comply with legal process served on us or the Website; (b) protect and defend the our rights or property, the Website or our users, and (c) act under emergency circumstances to protect the personal safety of us, our affiliates, agents, or the users of the Website or the public.

(f) Direct Marketing. We may also use the Personal Information for the purpose of direct marketing. By using our Website you shall be deemed to consent to this purpose. We refer you to the “Opting Out” provision in clause 11 below.

6. Security

The security of your information is of great concern to us. We exercise care in providing secure transmission of your information from your computer to our servers. Personal Information collected by our Website is stored in operating environments that are not open to the public. While we try our best to safeguard your information once we receive it, no transmission of data over the Internet or any other public network can be guaranteed to be 100% secure.

7. Linking to or from Other Websites

Our Website contains links to other websites, and in some cases, frames other websites (e.g. Eventbrite.com), operated by our affiliates, partners or third parties. Please be advised that the practices described in this Privacy Policy for us do not apply to information gathered through these third party website(s). These other website(s) may also send their own cookies to you, collect your data or solicit your Personal Information. Always be aware of the terms of use and privacy policies of the websites you link to. We are not responsible for the actions and/or privacy policies of third parties or their websites. We encourage you to be aware of when you leave our Website and to read the privacy policies and terms of use of each and every website that you visit.

8. Governing Law

Our Website is published in the United States of America and governed by the law of the United States of America. We comply with the US-EU Safe Harbor Framework as set forth by the US Department of Commerce regarding the collection, use and retention of Personal Information from European Union member countries. If you are located within the European Union, you should be aware that your personal identifiable information will be transferred to the United States of America. If you are located in a European Union country or another country outside the United States and voluntarily submit Personal Information to us, you thereby consent to the general use of such information as provided in this Privacy Policy and to the transfer of that information to, and/or storage of that information in, the United States.

9. Assignment

We may sell, transfer or otherwise share some or all of its assets in connection with a merger, reorganization or sale of assets, or in the event of bankruptcy. In such an event, Personal Information may be one of the assets transferred.

10. Changes to This Policy

As our Website continues to develop, we may change or add new services or features to our Website. In the event that these additions affect our Privacy Policy, this document will be updated appropriately. Please check back regularly for changes.

11. Managing Your Information/Opting-Out

You may always opt-out of receiving future e-mail messages and newsletters from us or request that your information be removed from our Website or corrected. To make such a request, you can send us a message at support@toughmudder.com.

12. Access and correction

If an individual requests access to the personal information we hold about them, or requests that we change that Personal Information, we will allow access or make the changes unless we consider that there is a sound reason under the Privacy Act, Freedom of Information Act or other relevant law to withhold the information, or not make the changes
If we do not agree to provide access to Personal Information or to amend or annotate the information we hold about them, the individual may seek a review of our decision or may appeal our decision under the Freedom of Information Act.
If we do not agree to make requested changes to Personal Information the individual may make a statement about the requested changes and we will attach this to the record.
Individuals can obtain further information about how to request access or changes to the information we hold about them by contacting us (see details below).

13. Cross Border Disclosure

We hereby notify you that your Personal Information will be disclosed to the parent company of Tough Mudder Pty Ltd, being Tough Mudder LLC, in the United States of America.

14. Policy and New Complaint Mechanisms

Should you have any complaint about this Privacy Policy or our management of your Personal Information, we advise that:

  • the complaint should first be made in writing to us; and
  • we shall responds in a reasonable time (usually 30 days) to the complaint; and
  • should you not be satisfied with our response to your complaint, then the matter may be taken to a recognised external Disputes Resolution Scheme of which we are a member; and, lastly,
  • a compliant may be made to the Information Commissioner.

Last Updated: January 29, 2014