PRIVACY POLICY

Privacy Policy

Dataphoria Pty Ltd (ABN 96 139 458 334) is an Australian business that take privacy seriously. We use best practices to comply with the Australian Privacy Principles (APPs), which form the basis of the Privacy Act 1988, the Privacy Amendment (Private Sector) Act 2000 and the Privacy Amendment (Enhancing Privacy Protection) Act 2012, in all of our business activities.

Dataphoria Pty Ltd also look to ensure our partners and their agencies are not in breach of the SPAM Act 2003 or the Do Not Call Register in all related activities.

An individual may request to see a copy of the personal data held by Dataphoria Pty Ltd by providing their details to us via telephone at 1300 537 787 or via our contact form on this page.

An individual may also request at any time to seek the correction of their personal data.

An individual may also make a complaint to Dataphoria Pty Ltd if it is believed that Dataphoria Pty Ltd or a related client/supplier is not complying with:

• The APPs

• SPAM Act

• Do Not Call Register

• Any related advertising guidelines set forth by a related body

Dataphoria Pty Ltd will then respond within a reasonable period of time to notify the individual of how we will look to assist with the request and of any additional information that may be required to carry out the request.

Should such a request be made, it may not be possible for Dataphoria Pty Ltd to assist with the request where the individual does not provide the following details, for data matching, to enable a confident match to the related database:

• First Name

• Surname

• In what form the individual would like Dataphoria Pty Ltd to communicate with them regarding the matter (telephone / email are of preference)

• Telephone number (if a telephone call was made to a number owned by the individual)

• Email address (if an email was sent to an email address owned by the individual)

This matching process will be performed within a reasonable period of time and may require the assistance of our partners and/or their agencies, with which we would need to share the personal information for the related purpose.

Dataphoria Pty Ltd are unable in many cases to provide individuals with the option of engaging with us without using their name or under a pseudonym, as it is normally necessary to collect personal data in order to alter or suppress the related personal information, or to respond to a related complaint. General advice and feedback, however, may be available in these instances.

Direct Marketing by Third Parties and related use

Dataphoria Pty Ltd provides marketing services to our partners and their agencies and will send communications, offers, third-party marketing offers and promotions to our members. Details may also be shared with our partners and their agencies for communications, offers, third-party marketing offers and promotions. Related contact may be via direct mail, email, SMS, MMS or telephone calls. Our core business service is to provide consent-based sales leads to marketers, with a focus on openness to our members. Data is also utilised for the purposes of database enhancement, profiling and segmentation of prospect data (meaning data relating to individuals/businesses with which the related client does not yet have a relationship) / partners’ customer data.

The data we collect & disclose:

Data collected and held may include, from time to time, both personal (e.g. name, address, date of birth, income, telephone number, email address, interests pertaining to offers or types of products or services / charitable causes), and sensitive information (e.g. information in relation to a health problem, where we are assisting you and a health provider to establish whether an introduction might be mutually beneficial), where the data is reasonably required to carry out our activities and where the data has been provided to us in such a way that the provider has warranted that they have not breached the Privacy Act 1998 (Cth) or the APPs in collecting or passing on the information.

Data storage and retention:

Dataphoria takes reasonable steps to protect the personal data we collect from misuse, interference and loss and to protect it from unauthorised access, modification or disclosure. All data is encrypted at rest and physical and digital access is heavily restricted. Data is held on our local servers and within the servers of carefully selected 3rd party cloud-based data solution providers, where required, some of which may be hosted overseas.

Data is stored until such time that it is no longer reasonably required. As membership is perpetual and members may contact Dataphoria Pty Ltd to request suppression from our marketing communications and those of our partners and their agencies, this time period may be substantial. This allows for suppressions to occur when a related request is made. It also enables us to help our clients to restrict the frequency with which they contact individuals regarding their services.

Dataphoria Pty Ltd takes reasonable steps to ensure that the personal data we collect is accurate, up-to-date and complete, within the constraints of the direct marketing data landscape.

Dataphoria Pty Ltd do not seek to collect any government related identifiers relating to specific individuals.

When Dataphoria Pty Ltd no longer require personal data we take reasonable steps to ensure that we destroy or de-identify the data.

Where data is received through this Privacy Page, it will be used in relation to the purpose for which it was provided only, which may relate to:

∙      The provision of further information relating to our services and the data we collect

∙      A request to be suppressed from a Dataphoria database / from the database of one of our suppliers. Where this occurs, the data may be shared with the related supplier for the purposes of matching back to their data sources and any related original data sources.  In some cases, it is not practical to remove the data, as flagging a record for suppression will make it more viable to enable the related supplier to avoid outputting the related details, should they later be presented to them in another format / from another source

Data is only disclosed by Dataphoria to third parties where they have a valid reason for receiving the data, which may include:

∙      Receiving data for marketing purposes, where the provision is not in breach of the Privacy Act 1988 (Cth) of the Australian Privacy Principles

∙      Receiving data to build a solution for a related client

∙      A request from an individual to suppress their details.  Dataphoria endeavour to take reasonable steps with each related entity, to ensure that data will be used for the purposes that it was provided.

Based on some of the activities carried out by Dataphoria and our clients, Dataphoria may from time-to-time disclose, store and transfer personal data to a party that is overseas, where it is reasonably required for the related purpose.

The locations in which these recipients are located may include New Zealand, Europe, America, The United Kingdom, Singapore, Hong Kong, Japan, China, Dubai and other countries, where this is required. Dataphoria take reasonable steps to ensure the related overseas entities do not breach the APPs.

Dataphoria have taken reasonable steps to implement practices, procedures and systems relating to our functions and activities that will help to ensure that Dataphoria, our suppliers and our clients comply with all Privacy and related Acts and that we will be able to deal with enquiries or complaints in relation to our compliance.

Where any personal data is received from an individual or in relation to an individual that we did not request or reasonably expect to receive in the course of running our business, Dataphoria take reasonable steps to either destroy or de-identify the data.

If you wish to change communication details being used in this manner, please contact us using this form:

Cookies:

A cookie is a small piece of computer code which remains on your computer and contains information which helps us identify your browser and previous information viewed in relation to our service. When you visit our websites the cookie records certain details including the date, time and advertising content of that site. The information we collect in this way may include your Internet service provider’s address, date and time of your visit, pages accessed and type of browser used.

If you do not want us to use cookies then you can easily stop them, or be notified when they are being used, by adopting the appropriate settings on your browser. If you do not allow cookies to be used, some or all of our website might not be accessible to you.

We may collect information about you from someone else but we will take reasonable steps to ensure you are aware of the information collected and the circumstances of collection.

Anonymous Third Party Cookies: When you visit our websites and you register or sign up we may set an anonymous third party cookie on your browser. When this cookie is set, all information that would make it personally identifiable is removed. The anonymous third-party cookies allow advertisers to target or customise their online advertisements.

Terms and Conditions

Better BeCause Terms and Conditions between Dataphoria Pty Ltd (“Better BeCause ” or “We” or “Us” or “Our”) and the User of this website (“You” or “User”)

1. Introduction

1.1.  Better BeCause (the “Website“) and its associated services are operated by Dataphoria Pty Ltd (ABN  96 139 458 334) (referred to here as “Better BeCause  ” or “We” or “Us“). These terms (“Terms of Service“) govern Your use of the Website and its associated services.

1.2.  The Website is an online platform that matches Users to an organisation (“Donor Matching”), such as a Charity or Not-for-Profit that are working directly on this good cause to give the User an opportunity to support this good cause.

1.3.  Please read these Terms and Conditions carefully. If You do not wish to be bound by these Terms of Service, You should not continue to use or access the Website or its associated services.

1.4.  You acknowledge and agree that You have read and understood these Terms of Service and You agree to be bound by these Terms of Service each time You use the Website.

1.5.  If You are accessing the Website in a professional capacity on behalf of an organisation, You agree to these Terms of Service both personally and on behalf of the organisation as its authorised representative. If You are not authorised to accept these Terms and Conditions on behalf of the organisation, You may not use the site on behalf of the organisation.

1.6.  These Terms and Conditions may change or be updated from time to time. We will post updates to the Terms and Conditions on the Website should this occur. You must check for updates whenever You access the Website. The latest version of these Terms and Conditions will govern any usage by You of the Website and its associated services from the date We post the revised version on the Website.

2.  Terms for Individuals

Better BeCause  Fees

2.1.  Better BeCause collects fees from Providing Organisations in exchange for matching them to Users to support the operation and development of the Website.

3.  Donor Matching

3.1.  Donor matching is administered by, and is at the sole discretion of Better BeCause .

3.2.  Better BeCause  reserves the right to refuse to donor match any User or Providing Organisation which they believe to be fraudulent.

3.3. Should a User wish to know which Providing Organisation they were matched with, Better BeCause  will provide this information within 10 business days of the request being recieved.

4.  Other Terms

Use of the Website

Indemnities

4.1.  You agree to indemnify Better BeCause , its affiliates, and each of its and its affiliates’ employees, officers, contractors, directors, suppliers, and representatives from and against all losses, liabilities, claims, damage and expenses (including legal costs and expenses on a full indemnity basis) and penalties incurred or suffered by them that arise from or relate to:

(a) Your use or misuse of, or wrongful access to, the Website,

(b)  any act of fraud, breach of applicable law or wilful misconduct by You or on Your behalf; and

4.2.  Better BeCause  reserves the right to assume the exclusive defence and control of any matter subject to indemnification by You, in which event You must assist and cooperate with Us in asserting any available defences.

4.3.  The indemnities above survive termination of these Terms and Conditions.

Disclaimers and Limitation of Liability

4.4.  If You are a consumer, You have certain rights under consumer protection legislation (“Consumer Rights“), which cannot be excluded or limited by Us. Your Consumer Rights may include statutory guarantees or other non-excludable protections. Nothing in these Terms and Conditions is intended to exclude, restrict or modify Your Consumer Rights. However, to the extent that it is permitted by law to do so, and except as contained in Your Consumer Rights:

(a) Better BeCause  excludes all representations, warranties, guarantees, terms and conditions, whether express or implied (and including, without limitation, those implied by statute, custom, law or otherwise), except as expressly set out in these Terms and Conditions; and

(b) Your use of the Website (including, without limitation, all material obtained from or linked to the Website) is at Your sole risk.

4.5.  If Your Consumer Rights prevent Us from excluding any of the representations, warranties, guarantees or other obligations referred to in relation to the services offered on the Website, to the extent to which Better BeCause   is entitled to do so and despite any other provision in these Terms and Conditions, Better BeCause   limits its liability in respect of any claim relating from those non-excludable representations, warranties, guarantees or other obligations to, at our option:

(a) the supply of the affected services again; or

(b) the payment of the cost of having the affected services supplied again.

4.6.  Better BeCause  introduces individuals to Providing Organisations via the Website, but it is an individuals responsibility to investigate independently and satisfy him or herself as to the identity of the Providing Organisation and their ability to deliver the Good Cause.  We do not represent, warrant or guarantee:

(a) the identity, contact details or bona fides of the Providing Organisation, or the accuracy of any statements made on Better BeCause pages;

(b) the feasibility, suitability, appropriateness or success of a good cause

(c) that the Providing Organisation will use Your related donation(s) for the delivery of the Good Cause in accordance with the statements made on the applicable Better BeCause page

(d) the Providing Organisations' capacity or willingness to deliver the good cause and/or for the period-specific.

4.7. To the fullest extent permitted by law Better BeCause excludes all liability to You for any damages or loss suffered by You (including, without limitation, loss of profits, economic loss, loss of data or for direct, indirect, consequential or incidental loss) and however caused (including, without limitation, damage or loss arising in contract, tort (including, without limitation, negligence), statute or otherwise) in connection with:

(a) Your use of, or reliance on, the Website (or any information contained on or linked to the Website) and/or its continued availability;

(b) any dealing You have with any charity, not-for-profit, entity, organisation or User who uses the Website;

(c) the failure by a Providing Organisation to meet its obligations under these Terms and Conditions.

4.8.  Neither You nor Better BeCause  will be liable for any delay in performing or failure to perform any of our obligations under these Terms and Conditions if that delay or failure is due to an Intervening Event.  A party affected by an Intervening Event will be temporarily excused from performing its obligations for the resulting period of delay, provided that the delaying party promptly notifies the other party in writing of the reasons for the delay or failure to perform those obligations. 

4.9.  Please see our Privacy Policy.

Privacy

Third Party Sites

4.10.  The Website may contain links to third party websites.  These third party websites and resources may contain links to the Website. The inclusion on another website of any link to the Website does not imply endorsement by, or affiliation with Better BeCause .  When accessing third party websites, You do so at Your own risk.

Changes to the Website and these Terms of Service

4.11.  Better BeCause  reserves the right to modify, suspend or discontinue all or any part of the Website and its associated services at any time with or without notice. We do not guarantee that any content, including Your Content, will be available through the Website at all or specific times.

Governing Law

4.12.  These Terms of Service are governed by the laws of New South Wales and the parties submit to the non-exclusive jurisdiction of the courts of New South Wales.

5.  ‘$1,000 Donation to Charity’

5.1. Where a site offers You a chance to vote for the charity or cause that should receive a donation, You may complete the questionnaire as many times as You like, though Your individual details may only be considered only once as a vote.  

5.2. To be eligible to vote, You must complete the questionnaire on Facebook and enter Your personal details.  

5.3. Entries will open on 1st September 2022 and will close when the website is no longer live or unless advised otherwise. We reserve the right to withdraw the related donation, where the number of votes does not meet a critical mass to warrant the donation, at our discretion.

5.4.  Better BeCause  reserves the right to reject any vote which we believe – at our sole discretion – to be fraudulent.

6.  ‘No affiliation with celebrities

6.1.  Better BeCause  quizzes should be seen as fun activity only and not as a serious personality profile.

6.2  Better BeCause are not affiliated with the celebrities listed within our quiz linkage.

6.3  Any linkage to a celebrity based on your quiz answers is based on our opinions only and is not designed to be a true, definitive description of your personality or the causes that resonate with you.

6.4  Better BeCause  are not endorsed by the celebrities and we do not endorse all aspects of the celebrities used within the quiz.  Any opinions stated in relation to the celebrities are for the fun purposes of the quiz only and are not designed to be a true, definitive description of the related celebrity.