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”).
- 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
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).
(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.
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
(a) In General.
- 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.
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
8. Governing Law
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
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 [email protected].
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
- 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