Privacy Policy

INTRODUCTION

Welcome to TopCashback’s privacy notice.

TopCashback respects your privacy and is committed to protecting your personal data. We are bound by the Privacy Act 1988 (Cth) (“Privacy Act”) and the Australian Privacy Principles (“APPs”). This privacy notice will inform you how we look after your personal data when you visit our website or use one of our mobile apps (“Site”) or otherwise provide us with personal data, and tell you about your privacy rights and how the law protects you.

Please also use the Glossary at the end of this document to understand the meaning of some of the terms used in this privacy notice.

1. IMPORTANT INFORMATION AND WHO WE ARE PURPOSE OF THIS PRIVACY NOTICE

This privacy notice aims to give you information on how TopCashback collects and processes your personal data through your use of this Site, including any data you may provide through this Site when you sign up to our Site, browse or make a purchase via our Site, enter a competition or engage with us on our Site or through emails you may receive from us.

It is important that you read this privacy notice together with any other privacy notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.

ABOUT US

TopCashback (Australia) PTY LTD Australian Business Number 665 152 483 with our registered office at LEVEL 1, 8 BEULAH ROAD, NORWOOD SA 5067, is responsible for your personal data (collectively referred to as “TopCashback”, “we”, “us” or “our” in this privacy notice).

If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact us using the details set out below.

CONTACT DETAILS

Full name of legal entity: TopCashback (Australia) PTY LTD
Email address: privacy@topcashback.com.au
(For queries which do not relate to this privacy notice, please use contact@topcashback.com.au)
Postal address: LEVEL 1, 8 BEULAH ROAD, NORWOOD SA 5067

If you have a complaint about the way in which we have handled any privacy issue, including your request for access or correction of your personal data, you should contact us using the details above.

We will consider your complaint and determine whether it requires further investigation. We will notify you of the outcome of this investigation and any subsequent internal investigation.

You may approach an independent advisor or contact the Office of the Australian Information Commissioner (www.oaic.gov.au) for guidance on alternative courses of action which may be available.

CHANGES TO THE PRIVACY NOTICE AND YOUR DUTY TO INFORM US OF CHANGES

This version was last updated on February 2023. This policy may change and be updated from time to time. Please check back regularly.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

THIRD-PARTY LINKS

This Site includes links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party sites and are not responsible for their privacy statements. When you leave our Site, we encourage you to read the privacy notice of every website you visit.

2. THE DATA WE COLLECT ABOUT YOU

Personal data, or personal information, means any information or an opinion about an identified individual or an individual who can be reasonably identified from the information or opinion. Information or opinion may be personal information regardless of whether it is true. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

• Identity Data includes first name, last name, username or similar identifier, marital status and date of birth.
• Contact Data includes billing address, delivery address and email address.
• Financial Data includes bank account and payment card details.
• Transaction Data includes details about payments from you to retailers featured on our Site from time to time and other details of products and services you have purchased from such retailers via our Site.
• Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this Site.
• Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
• Usage Data includes information about how you use our Site, products and services.
• Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data under applicable laws where this data does not directly or indirectly allow your identity to be reasonably identified. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific Site feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.

Except in limited circumstances which will be made clear to you, we do not collect any Sensitive Information about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

IF YOU FAIL TO PROVIDE PERSONAL DATA

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with the cashback service). In this case, you will not be able to join TopCashback.

3. HOW IS YOUR PERSONAL DATA COLLECTED?

We use different methods to collect data from and about you including through:

Direct interactions. You may give us your Identity, Contact, Transaction or Financial Data (as those terms are defined in Section 2 above) by filling in forms or by corresponding with us by post, email or otherwise. This includes personal data you provide when you:

• create an account on our Site;
• submit a claim or enquiry about a transaction via our Site;
• enter a competition, promotion or survey;
• give us some feedback.

Automated technologies or interactions. As you interact with our Site, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other Sites employing our cookies. As you navigate our Site, we may collect Usage Data, Profile Data and Marketing and Communications Data as specified by you from time to time.

Essential third parties. In order to facilitate the cashback service, we need to receive personal data about you from various third parties as set out below:

Technical, Transactional, Identity and Contact Data from the following parties:

a) Affiliate Networks based both inside and outside Australia; and
b) retailers featured on the Site from time to time;

To help improve the service we provide and the functionality of our Site we may receive personal data about you from various third parties as set out below:

a) Technical Data from analytics providers such as Google based outside Australia;
b) Profile Data in the form of a mosaic profile from providers such as Experian and other local profiling companies; and
c) Contact and Technical Data where you join our Site as a result of our marketing activities involving third parties.

4. HOW WE USE YOUR PERSONAL DATA

We have set out below, in a table format, a description of the ways we may use your personal data and the types of personal data (as defined in Section 2 above) which may be used by us for each purpose.

	Activity/Purpose	Type Of Data
1.	Provide our cashback service to you. This includes but is not limited to: Processing and facilitating any cashback due to you Managing payments from your TopCashback account including sending a payment via third parties such as PayPal, Bank Transfer Processing of missing cashback payments (once received from networks).	Identity, Contact, Financial and Transaction
2.	Answering and processing any claims or enquiries you may raise with us including: submission and actioning of any enquiry from you submission of a claim for missing cashback contesting claims escalating and formal complaints, including responding to ombudsman or court proceedings) in order to ensure your cashback process runs smoothly, provide any assistance with the Site.	Identity, Contact and Transaction
3.	Challenging and defending any claims or actions which may be detrimental to our business.	Identity, Contact, Financial, Transaction, Profile and Technical
4.	Utilising fraud prevention measures in order to protect the business, members and retailers featured on the Site from fraudulent activity and any resulting consequences.	Identity, Contact, Transaction, Technical and Profile
5.	Managing our relationship with you, for example: Notifying you about changes to our terms or privacy policy Updating your details on our system, validating a payout request or resetting a security question in order to keep our records updated.	Identity, Contact, Profile, Marketing and Communications and Technical
6.	Enabling you to partake in a prize draw, competition or complete a survey.	Identity, Contact and Profile
7.	Promoting features on the Site, such as: when you provide case studies for use in the media in order to study how customers use the products and services on Site to keep our records updated and to promote engagement with the Site to promote third party retailers on the Site in order to illustrate to the members that we are the most generous cashback site.	Identity, Contact, Profile, Usage and Marketing and Communications
8.	Carrying out marketing campaigns to attract new members. To do this, we use different channels of lead generation and advertising partners, including: Lead generation campaigns: If you join our Site as a result of being redirected from a third party site, we may pay the referrer a commission. In order to do this, we share data with Affiliate Networks and tracking agencies in order to calculate and pay any commission due. Pay per click: If you join our Site as a result of clicking on our webpage from a search engine such as Google or Bing, this will be tracked by a third party. Your data will be shared between us and the third-party tracking company in order to calculate how many new members have joined the Site and how much commission is due. Social Media marketing: We like to market the Site to new or existing members. In order to ensure our marketing is appropriate and relevant, we find ways of ensuring any marketing promotions are targeted at the right people. In order to do this, we may share your data with large social media pages to ensure our marketing reaches the target audience.	Contact, Technical and Marketing and Communications
9.	To administer and protect our business and this Site such as: troubleshooting data analysis testing system maintenance support reporting and hosting of data in order for the efficient running of the Site, provision of administration and IT services, network security and in the context of a business reorganisation or group restructuring exercise.	Identity, Contact, Technical, Financial and Transactional
10.	Providing business insight into how members use the Site for marketing purposes. We do this by: delivering relevant Site content and advertisements to you and by measuring or understanding the effectiveness of the advertising we serve to you using data analytics making suggestions to you about goods or services that may be of interest to you for the use of web analytics, profiling and personalisation in order to study how customers use our services, to develop them, to grow our business and to ensure our marketing strategy is as relevant and accurate as possible.	Identity, Contact, Profile, Usage, Marketing and Communications and Technical
11.	Invite and facilitate legitimate, validated reviews of TopCashback's service on independent review site (TrustPilot).	Identity, Contact and Profile
12.	Preparing or implementing a reorganisation of TopCashback assets or entities and implementing commercial transactions or business transfers.	Identity, Contact, Financial, Transaction, Profile, Technical and Marketing and Communications

MARKETING

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. Within your account you can view and make certain decisions about your use of your personal data in relation to marketing emails.

Promotional offers from us

We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).

You will receive marketing communications from us if you have signed up to our Site and you have not opted out of receiving marketing emails.

Third-party marketing

We will never sell your personal data to any company outside the Top Online Partners Group Limited group of companies for marketing purposes. As referred to in this privacy notice, we may share your Contact or Identity Data with certain third parties e.g. sub-processors to facilitate the delivery of marketing emails to you and social media publishers, in order to ensure our marketing is targeted at and relevant to TopCashback members.

Opting out

You can ask us to stop sending you marketing emails at any time by logging into your account on the Site and checking or unchecking relevant boxes to adjust your marketing preferences or by following the opt-out links on any marketing email sent to you.

COOKIES

We use cookies on the Site. A cookie is a unique identifier usually consisting of a small piece of text or code, that is stored on your browser or the hard drive of your device. Cookies may be placed on your device by TopCashback, which are ‘first party’ cookies. Cookies may also be placed by another party, such as our marketing partners or social media platforms. These are called ‘third party’ cookies.

When you click through to a retailer from our Site, your browser redirects via an Affiliate Network which drops a cookie on your device. The cookie stores tracking information so that when you visit a retailer via our Site, any purchases made will result in the retailer reading this information. The retailer will then send us information about your purchase, at which point we can credit your account. No personal data such as your name or email address is involved in this process.

You may refuse to use some cookies by selecting the appropriate settings on your browser. Each browser allows you to restrict or block cookies in different ways. However, please note that, if you disable or refuse cookies, some parts of this Site will become inaccessible or not function properly resulting in your cashback not tracking. We recommend that you enable cookies in your browsers to make full use of the Site and to ensure that any purchases on third party sites are recorded.

CHANGE OF PURPOSE

We will only use your personal data for the purposes for which we collected it or as otherwise permitted by law. If you wish to get an explanation as to how a purpose for which we have used your personal data for is permitted by law, please contact us at privacy@topcashback.com.au (For queries which do not relate to this privacy notice, please use contact@topcashback.com.au).

Please note that we may process your personal data without your knowledge or consent where this is required or permitted by law.

5. DISCLOSURES OF YOUR PERSONAL DATA

We may share your personal data with the following types of entities for the purposes set out in the table in paragraph 4 above:

• External Third Parties (as defined in the Glossary).
• Our related entities and affiliates, who may need that data in order to provide us with services or who may have access to shared systems.
• Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.

6. INTERNATIONAL TRANSFERS

Some of our external third parties are based outside Australia so their processing of your personal data will involve a transfer of data outside of Australia. Those recipients are likely to be located in a range of locations, including the USA and the UK.

Please contact us at privacy@topcashback.com.au if you want further information on the steps taken by us when transferring your personal data out of Australia. (For queries which do not relate to this privacy notice, please use contact@topcashback.com.au)

7. DATA SECURITY AND STORAGE

We store most information about you in computer systems and databases operated by either us or External Third Parties.

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with suspected data breaches and will notify you and any applicable regulator of a breach where we are legally required to do so.

8. DATA RETENTION - HOW LONG WILL YOU USE MY PERSONAL DATA FOR?

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

Details of retention periods for different aspects of your personal data are available in our retention policy which you can request from us by contacting us at privacy@topcashback.com.au (For queries which do not relate to this privacy notice, please use contact@topcashback.com.au)

In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

9. YOUR LEGAL RIGHTS

Under certain circumstances, you have rights under data protection laws in relation to your personal data.
For individuals in Australia, you have the right to:

Request access to your personal data. This enables you to receive a copy of the personal data we hold about you.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

There are some circumstances in which we are not required to give you access to, or correct, your personal data.

NO FEE USUALLY REQUIRED

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may require you to meet our reasonable costs in providing you with access (such as photocopying costs or time spent on collating large amounts of material).

WHAT WE MAY NEED FROM YOU

We may need to request specific information from you to help us confirm your identity and ensure your right to access and/or correct your personal data. This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

TIME LIMIT TO RESPOND

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

10. GLOSSARY

External Third Parties

• Service providers who provide IT and system administration services
• Various Affiliate Networks who track your purchases made via the Site
• Retailers as featured on the Site from time to time (in rare circumstances where your tracking through the Affiliate Network has failed and we need to investigate with the retailer direct)
• Regulators and other authorities based in Australia who may require reporting of processing activities in certain circumstances
• Various service providers such as payout providers as offered on the Site from time to time or fraud prevention service provider. Some of these providers may be based in the US
• Depending on your marketing preferences, we may engage third party email providers
• Social media publishers
• Various tracking agencies where you have joined our Site as a result of a third party referrer
• Research and profiling services

Affiliate Networks means a network that acts as an intermediary between our Site which features products and services and the retailers who create or sell those products and services. The affiliate network reports the tracking of cashback, any payments and refund processing together with assisting with any untracked sales which you may tell us about.

Advertising Partners - ad networks or partners TopCashback works with for advertising purposes.