GEM supports the importance of informational privacy of individuals’ personal and/or sensitive information. This extends to the collection and management of information held in its records regarding individuals
GEM cares about our customers and users of the Website and GEM App (“User”, “You”, “Your”, “ They”, “Their”) and any concerns you may have about the safety and use of the Personal Information you provide to GEM.
- “GEM App” or “App” means the web app, web application, mobile application, app and any other like software utilised by GEM from time to time;
- “Website” or “Site” means the internet website www.thegem.com, and all its pages (excluding third party pages and sites);
1. Website and General terms and Conditions, which can be viewed here; and
2. Cookies Policy, which can be viewed here
1.7 We may collect Personal Information either directly from you, or from third parties and at any time when you:
- subscribe, interact or register on our Website or GEM App;
- communicate with us through correspondence, chats, email, or when you share information with us from other social applications, services or websites; or
2.2 We will notify you of any updates or amendments. You will have the opportunity to read these and accept them in order to continue using our Services.
3. PERSONAL INFORMATION WE COLLECT FROM YOU
3.2 However, at times The GEM may collect information from a third party. If we do collect personal information from a third party we will, whenever reasonably possible, make you aware that we have done this and for what purpose.
3.3 We request the following information from Users for your use of the Website and GEM App for eCommerce purchases, your access to the Website and GEM App and your subscription to the GEM Rewards Program:
- your name
- mobile phone number
- email address
- age or date of birth
- credit card details;
- your device ID, device type, geo-location information, computer and connection information, statistics on page views, traffic to and from the sites, ad data, IP address and standard web log information;
- details of the products and services we have provided to you or that you have enquired about, including any additional information necessary to deliver those products and services and respond to your enquiries;
- any additional information relating to you that you provide to us directly through our website or app or indirectly through your use of our website or app or online presence or through other websites or accounts from which you permit us to collect information;
- information you provide to us through customer surveys; and/or
- any other information GEM deems necessary from time to time.
- (“Personal Information”)
3.4 GEM does not collect any sensitive information from you which reveals your: race, ethnic origin, political opinions, religious or philosophical beliefs, trade union memberships or details of health or disability which we consider are unnecessary to our function.
3.5 The User will also be given the option to sign up to receive information from GEM for promotions or marketing and for other purposes for which you would reasonably expect us to use that information. This includes sending the User information about new features, products, Services via notifications or by post, telephone or any form of electronic communication.
3.6 By registering with GEM, the User authorises GEM to use any email address or other contact information he/she has provided at any time for the purposes described in this clause. The User will also be given the opportunity to 'opt-out' of receiving any emailed information or other correspondence, by simply clicking the unsubscribe link at the bottom of any email it receives from us. The User agrees and acknowledges that even if he/she opts out of receiving marketing material, GEM may still send the User's essential information that it is legally required to send the User relating to the Services provided through the Website or GEM App.
3.7 Other information we may collect is set out as follows:
REASON INFORMATION COLLECTED
Your IP Address
Anonymous Device Identifier
App Interaction Events
4. WHAT WE WILL DO WITH A USER'S PERSONAL INFORMATION
4.1 All Personal Information that GEM, its affiliates or related bodies corporate collect, hold, use and disclose is reasonably necessary for the following purposes:
- providing our Services to You;
- registering the User to access the GEM Rewards Program, and use the Website and GEM App;
- make purchases through the Website and GEM App;
- participate in Trade Promotion Lotteries conducted by GEM from time to time;
- enable GEM to communicate effectively, e.g. respond to any questions, concerns, or problems raised by the User, or to send you service, support and administrative messages, reminders, technical notices, updates, security alerts, and information requested by you;
- 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 operate, protect, improve, optimise and enhance the Website and GEM App and Services, business and our users' experience, such as to perform analytics, conduct research and for advertising and marketing; including but not limited to personalised recommendations and submission of customer feedback; or
- to administer rewards, surveys, contests, or other promotional activities or events sponsored or managed by us or our business partners;
4.2 We collect the information to improve your GEM experience. Some of the ways we do this is by the following:
- To research, develop, improve the Services and use within GEM Website and GEM App, and the Services we offer;
- To send you notifications;
- Monitor and analyse trends and usage;
- Improve security;
- Review data about how you use the Website and GEM App, fraud prevention and analysis;
- Personalise content and the service we provide to each User including but not limited to targeted advertisements or useful information based on your search or usage history;
- Providing you with a history tagged with location data and content which you have allowed us to obtain;
- Maintaining appropriate business records;
- Collecting information from Cookies, Metadata, Web Beacons and other forms of information collection available, so we provide a targeted useful User experience to you the User; and
- We also use this information collected to enforce all of our Terms and Conditions and other policies.
4.3 We may disclose your Personal Information to a trusted third party who also holds other information about you. This third party may combine that information in order to enable it and us to develop anonymised consumer insights so that we can better understand your preferences and interests, personalise your experience and enhance the products and services that you receive.
4.4 We and/or our carefully selected business partners may send you direct marketing communications and information about our Services. This may be in the form of emails, SMS, mail or other forms of communication, in accordance with the Spam Act and the Privacy Act. You may opt-out of receiving marketing materials from us by contacting us using the details set out below or by using the opt-out facilities provided (eg an unsubscribe link).
5. HOW WE SHARE INFORMATION:
5.1 We may share information about you to the following:
- GEM Holdings, our employees, related corporate bodies, and our affiliates and other entities within the GEM family of companies;
- third party suppliers and service providers (including our web and digital media consultants, contractors suppliers and any other party associated with our provision of Website, GEM App and service to you);
- professional advisers, dealers and agents;
- payment systems operators (eg merchants receiving card payments);
- our existing or potential agents, business partners or partners;
- our sponsors or promoters of any competition that we conduct via our services;
- data centre or a data service provider contracted for the operation of the GEM Website and GEM App;
- Google AdMob to analyse advertising data ad show advertisements;
- anonymous user tracking to measure type and frequency of use of the Website and GEM App; and
- To provide information to any division, associate entity of GEM so that this information helps GEM to improve our Services and improve your User experience provide relevant information to you that you may have searched or are searching for. anyone to whom our assets or businesses (or any part of them) are transferred;
- specific third parties authorised by you to receive information held by us; and/or
- other persons, including government agencies, regulatory bodies and law enforcement agencies, or as required, authorised or permitted by law.
5.2 We may also disclose your Personal Information to comply with our legal obligations, including to various law enforcement agencies, regulatory authorities and governments around the world and their service providers for security, customs and immigration purposes.
6. SECURITY OF YOUR PERSONAL INFORMATION
6.1 GEM will keep a User's Personal Information confidential and not sell or knowingly divulge user information to advertisers or any other third parties, other than our partners and suppliers, without your consent.
6.2 GEM will take reasonable steps to ensure that these organisations are bound by privacy obligations in relation to the protection of User's Personal Information. We will not share a User's Personal Information, unless:
- we are required to share your information with a third party in order to comply with the law or to comply with a court order or subpoena;
- to enforce our own Website and General Terms and Conditions;
- if it is necessary to provide it to our third party service providers, if any, such as data storage providers, who will be subject to strict contractual privacy obligations; or
- to protect the safety and security of our Users and our Website or GEM App.
7. USER'S CONSENT TO OUR USE OF PERSONAL INFORMATION
7.1 GEM only uses and discloses Personal Information for the purposes for which it was collected, for a purpose that you have consented to or for purposes which are directly related to one of our functions or activities here.
7.2 GEM only discloses your Personal Information to those parties external to GEM where those third parties assist GEM in carrying out its Services or are in some way aligned with GEM.
7.4 Our use of the User's Personal Information is necessary in order for us to maintain the Website and GEM App and facilitate a User's use of the Website and GEM App. We do not collect any unnecessary Personal Information from Users (for instance, their race or religious beliefs).
8. HOW LONG WE HOLD A USER'S PERSONAL INFORMATION
8.1 We will retain your information for as long as a GEM account is active or as necessary to comply with our legal obligations, resolve issues, address queries and enforce our agreements.
8.2 If you no longer wish to use the Website and GEM App, simply deactivate your account. If you have any further questions on how to do this, please contact us via the methods below.
9. KEEPING A USER'S PERSONAL INFORMATION ACCURATE
9.1 The Personal Information we hold about a User (such as Username and password) is kept so that we may correctly identify that User.
9.2 If a User wishes to update or amend their Personal Information, send a request to THE REQUESTS MANAGER at firstname.lastname@example.org. We follow the process for access and correction under the Freedom of Information Act 1982.
9.3 We take all reasonable steps to ensure that Personal Information held by us is accurate, up-to-date, complete, relevant and not misleading. If you believe that any of your Personal Information is not accurate, up-to-date, complete, relevant and not misleading, please contact us and we will take all reasonable steps to correct it within a reasonable time.
10. KEEPING A USER'S PERSONAL INFORMATION SECURE
10.1 We may hold your Personal Information in either electronic or hard copy form GEM is committed to information security. We will use all reasonable endeavours to keep Users’ Personal Information in a secure environment. For instance, each Users’ Personal Information is encrypted whilst being sent to our server at the time of setting up an account.
10.2 GEM security measures are designed to assist in ensuring that Users’ Personal Information is not accessed by unauthorised personnel, lost or misused. If you reasonably believe that there has been an unauthorised use or disclosure of your Personal Information, please let us know by contacting our Privacy and Data Protection Officer (contact details below).
10.3 However, we please note that GEM cannot guarantee the security of your Personal Information.
11. ANONYMOUS INFORMATION
11.1 GEM collects anonymous information about Users and the activities of Users on the Website and GEM App. Anonymous information is information that is not linked to the name of a User. This information is used to assist us in enhancing the functionality of the Site and the information remains anonymous at all times.
12. COLLECTION OF WEBSITE AND GEM APP ACTIVITY INFORMATION (COOKIES)
12.1 These policies operate in addition to the Cookies Policy;
12.2 We may collect Personal Information about you when you use and access our Website or GEM App.
12.4 From time to time GEM may collect information about individual Users and the activities of Users on the Website and GEM App. This information is used to assist us in enhancing the functionality of the Website and GEM App and the Services we provide.
12.6 "Cookies" may be placed on a visitor’s computer to provide information regarding such visitor’s use of the site. The cookies do not collect any personal information about a visitor, provide any way to contact a visitor, or extract any information from a visitor’s computer. With most modern browsers, users can erase or block cookies, or receive a warning before a cookie is stored.
12.7 Unless you are a User of GEM who is logged in to a GEM account at the time, this information is not linked to any Personal Information that the User may provide and cannot be used to identify Users. A User may configure their computer so that it disables cookies or does not accept them.
12.8 Cookies may be used for marketing purposes.
13. TRANSFER OF YOUR DATA OUTSIDE OF AUSTRALIA
14. THIRD PARTY AND LINKED SITES
14.1 When using this Website and GEM App, you may select a link to a third party site. Please be aware that GEM is not responsible for the privacy practices of such other sites. We encourage our Users to be aware that when they leave our site to read the privacy statements of each and every web site that collects personally identifiable information. This privacy statement lies solely to information collected by this Website and GEM App.
15. HOW CAN USERS ACCESS, AMEND OR DELETE THEIR PERSONALLY IDENTIFIABLE INFORMATION?
15.1 A User has the right to receive a copy of the Personal Information we hold about them. If you wish to receive a copy of this information please address your request to the Privacy and Data Protection Officer (contact details below). We will deal with your request promptly and in any case at least within 30 days of the date of receiving the request. We will give access to the information in the manner you request, where reasonable and practicable. This will be subject to any exemptions allowed under the Privacy Act. We will correct or delete inaccurate or incomplete Personal Information we hold about you at your request.
17. MANDATORY DATA BREACH NOTIFICATION
17.1 If required by law, GEM will notify the relevant supervisory authority of any data breach within 72 hours of becoming aware of the breach, unless the breach is unlikely to result in a high risk to the rights and freedoms of the individual User.
18. FURTHER PURPOSE OF PROCESSING YOUR PERSONAL INFORMATION AND HOW IT IS USED
How we use your Personal Information
Purpose of processing your data
Basis of use
To confirm your identity
To provide you with the GEM Website and GEM App Services
Confirm your consent
To allow us to provide Services to you and perform our obligations
To manage our relationship with you
Complying with guidance of regulators and managing risk
To contact you (for example, provide you with important information)
To improve our service to you and your experience within the GEM Website and GEM App
We have your consent to meet our legal duty to advise you of changes and improvements
To comply with laws and assist government or law enforcement agencies
To manage our business
To fulfil our contracts and identify new opportunities that will deliver more efficient Services
To meet our legal duties and improve our product offering to GEM Website and GEM App Users
Preventing and investigating potential criminal activity and managing risk
To contact you
For marketing purposes
In order to make you aware of products and Services which may be relevant to you and be located in your area.
You can withdraw your consent to receiving marketing notifications at any time.
19. YOUR RIGHTS AND YOUR PERSONAL INFORMATION
Please take the time to note this summary of your rights in relation to your Personal Information when using the GEM Website and GEM App.
Be informed how Personal Information is processed
You have the right to be informed how your Personal Information is being collected and used by GEM. If we require your consent to process your Personal Information you can withdraw consent at any time. However if you withdraw consent, we may not be able to provide you with all the features and Services on the GEM Website and GEM App. You can only withdraw consent when the lawful basis of processing your data is with your consent.
Access to Personal Information
To access your Personal Information held by GEM, email us at email@example.com
Erasure Personal Information
You may ask us to delete your Personal Information if there is no need for us to keep it. You can make the request by emailing us at firstname.lastname@example.org. If there are any legal or other reasons why we need to keep your Personal Information, we will inform you.
Rectify incorrect information
You may request a copy of your Personal Information and query any information that we hold about you which is inaccurate or incomplete. We will then ensure that we take reasonable steps to check the accuracy of this information and if necessary correct it.
You may have the right to request a copy of the Personal Information you have provided to us in certain circumstances format that can be easily which can be easily reused.
Object to processing your data
You may object to us processing your Personal Information in certain circumstances.
Automated decision making and profiling
We may make automated decisions using our systems (including profiling) using your Personal Information we have collected from you to provide you with marketing information within the Website and GEM App.
We are here to help you enjoy your experience using the GEM Website and GEM App.
Privacy and Data Protection Officer - GEM
C/- Giving Even More Pty Ltd (GEM)
Attention: Robert Parr
Address: Level 1, 28 Young Street, Moonee Ponds, Victoria 3039
If you no longer wish to receive direct marketing communications or you wish to change your personal information that we hold, please contact us via email the above contact details.
21. Australian Privacy Regulator Contact Details:
GEM takes any privacy complaint by our Users seriously and will deal with your complaint fairly and promptly.
However if you are not satisfied with our response or how your complaint was handled, you may complain to the Office of the Australian Information Commissioner at:
Office of the Australian Information Commissioner (OAIC)
GPO Box 5218
Sydney NSW 2001
Phone: 1300 363 992
TTY: 1800 620 241