Privacy Policy

In this document, our “Privacy Policy”, the expressions “The Fairy”, “Fairy Lotto”, “Fairy Racing”, “Fairy Lotto”, “Fairy Lotto”, we“, “us” and “our” are a reference to Year of the Monkey Pty Ltd and any of our Related Bodies Corporate (as such term is defined in the Corporations Act 2001 (Cth)).

Unless otherwise indicated, capitalised terms used have the same meaning as provided in our website terms of use (the “The Fairy Terms”) which can be located here.  However, this Privacy Policy applies to The Fairy at an organisational level and is not limited to collections, uses or disclosures of personal information via our websites (the Website).

This Privacy Policy applies to personal information collected by us.  We are bound by the Privacy Act 1988 (Cth), which governs the way private sector organisations in Australia collect, use, keep secure and disclose personal information.

This Privacy Policy is to inform people of:

  • how and when The Fairy collects personal information;
  • how The Fairy uses and discloses personal information;
  • how The Fairy keeps personal information secure, accurate and up-to-date;
  • how an individual can access and correct their personal information; and
  • how The Fairy will facilitate, respond to and attempt to resolve a privacy complaint.

If you have any concerns or complaints about the manner in which your personal information has been collected, used or disclosed by us, we have put in place procedures for you to contact us so that we can attempt to resolve the issue or complaint.  Please see paragraph 9 for further details.

If you have any questions or concerns in relation to our Privacy Policy, including regarding the information set out below, you can email us at here and our privacy officer will then contact you and attempt to resolve the issue (as further explained below).

We recommend that you keep this information for future reference and regularly review our Privacy Policy.

1. What is personal information?

The Privacy Act 1988 (Cth) defines “personal information” to mean information or an opinion, whether true or not, and whether recorded in a material form or not, about an individual whose identity is reasonably identifiable, from the information or opinion.

2. Collection of your personal information

2.1 We only collect personal information that is necessary for what we do and we hold the personal information we collect within our own data storage devices or with a third party provider of data storage. The type of information we may collect from you depends ultimately upon the purpose of collection and we set out the general purposes of collection at paragraph 3 below.

2.2 The type of information we may collect from you includes (but is not limited to) the following:

(a) your contact information such as full name (first name and surname), e-mail address, current postal address, delivery address (if different to postal address) and phone numbers;

(b) your date of birth in order to verify that you are over the age of 18 years as required to use the Website, The Fairy Services and to establish and operate a Fairy Lotto Account, a Fairy Racing Account or The Fairy Account;

(c) preferences submitted by the user to assist in the generation of wagering and lotteries suggestions;

(d) personal information you provide to us through The Fairy user information pages, correspondence, dispute resolution, or shared by you from other social applications, services or websites;

(e) proof of your identity and date of birth (including, but not limited to, copies of your driver’s licence, passport, birth certificate or other relevant identification documents);

(f) additional personal information we ask you to provide to us to authenticate yourself or if we believe you are violating our policies (for example, we may ask you to send us a copy of a utility bill to verify your address and country of domicile);

(g) transactional information (including related Content that you generate) concerning or relating to your purchases of products or transactions, over the Website, The Fairy Services or use of your Fairy Lotto Account, Fairy Racing Account or The Fairy Account;

(h) your username and password to access your Fairy Lotto Account, Fairy Racing Account or The Fairy Account on the Website or via The Fairy Services, if applicable;

(i) your opinions, statements, reviews, ratings and endorsements collected personally or via surveys and questionnaires, including but not limited to your views on The Fairy Services, other The Fairy Users’ performance during a specific transaction or compliance with the The Fairy Philosophy or other products and services offered by The Fairy; and

(j) your participation in, or response to our marketing and promotional activities, such as entering into a promotional contest, special The Fairy events or other such occasional or ad hoc promotional initiatives.

2.3 As much as possible or unless provided otherwise under this Privacy Policy, we will collect your information directly from you.  If we collect details about you from someone else, we will, whenever reasonably possible, make you aware that we have done this and why.

2.4 When you engage in certain activities, such as entering a contest or promotion, filling out a survey or sending us feedback, ratings or reviews, we may ask you to provide certain information. It is completely optional for you to engage in these activities.

2.5 Depending upon the reason for requiring the information, some of the information we ask you to provide may be identified as mandatory or voluntary. If you do not provide the mandatory data or any other information we require in order for us to provide our services to you, we may be unable to effectively provide our services to you.

2.6 If you use the Website or The Fairy Services, we may utilise “cookies” which enable us to monitor traffic patterns and to serve you more efficiently if you revisit the Website. A cookie does not identify you personally but may identify your internet service provider or computer.  You can set your browser to notify you when you receive a cookie and this will provide you with an opportunity to either accept or reject it in each instance.

2.7 We may gather your IP address as part of our business activities and to assist with any operational difficulties or support issues with our services. This information does not identify you personally.

2.8 The Fairy offers sign-in services allowing you to use third party login credentials to access the Website and The Fairy Services. The Fairy also offers services allowing you to share information with third party social media websites (such as Facebook, Twitter, LinkedIn and others).  You may choose to provide us with access to certain personal information stored by such third party websites.  The personal information we have access to varies by website and is controlled by your privacy settings on that website and your consent.  By associating an account managed by a third party with your The Fairy Account and authorising The Fairy to have access to this information, you agree that The Fairy may collect, use, store and disclose personal information from these websites in accordance with this Privacy Policy.

3. How we may use and disclose your personal information

3.1 We will only use or disclose your personal information for the primary purposes for which it was collected or as consented to and/or as set out below.

3.2 You consent to us using and disclosing your personal information to facilitate a purpose in connection with:

(a) if required, the verification of your identity;

(b) the verification of your date of birth;

(c) your employment or potential employment with The Fairy (whether as an employee or contractor);

(d) the provision of The Fairy Services to you and your use of the Website or your Fairy Lotto Account, Fairy Racing Account or The Fairy Account, which shall include but is not limited to:

(1) the administration and management of our The Fairy Services, including charging, billing, payment method authorisation and verification, checks for financial standing, credit-worthiness (including but not limited to undertaking an assessment for credit loss and obtaining credit references, if applicable), fraud and collecting debts;

(2) offering you updates, or other content or products and services that may be of interest to you;

(e) associated social media accounts or websites;

(f) the improvement of our services (including to contact you about those improvements and asking you to participate in surveys about our products and services);

(g) the maintenance and development of our products and services, business systems and infrastructure;

(h) marketing and promotional activities by us and our Related Bodies Corporate (including by direct mail, telemarketing, email, SMS and MMS messages) such as our customer loyalty programs and newsletters;

(i) to provide customer service functions, including handling customer enquiries and complaints;

(j) to offer you updates, or other content or products and services that may be of interest to you;

(k) our compliance with applicable laws;

(l) provision of notifications including those distributed as part of The Fairy Services;

(m) the sale, and matters in connection with a potential sale, of our business or company to a third party; and

(n) any other matters reasonably necessary to continue to provide our products and services to you.

3.3 We may also use or disclose your personal information and in doing so we are not required to seek your additional consent:

(a) when it is disclosed or used for a purpose related to the primary purposes of collection detailed above and you would reasonably expect your personal information to be used or disclosed for such a purpose;

(b) if we reasonably believe that the use or disclosure is necessary to lessen or prevent a serious or imminent threat to an individual’s life, health or safety or to lessen or prevent a threat to public health or safety;

(c) if we have reason to suspect that unlawful activity has been, or is being, engaged in; or

(d) if it is otherwise required or authorised by law.

3.4 In the event we propose to use or disclose such personal information other than for reasons in 3.1, 3.2, and 3.3 above, we will first seek your consent prior to such disclosure or use.

4. The types of organisations to which we may disclose your personal information

4.1 We may disclose your personal information to organisations outside of The Fairy.  Examples of organisations and/or parties that your personal information may be provided to include:

(a) offshore service providers, if any;

(b) related entities and subsidiaries of The Fairy;

(c) your financial institution and in some circumstances, our financial institution;

(d) The Fairy’s third party payment gateway service provider;

(e) our Related Bodies Corporate for direct marketing purposes;

(f) third parties, including (but not limited to) our web hosting and web development service providers; and

(g) our contractors and agents, including but not limited to our suppliers and distributors, or other companies who assist us in providing and/or delivering our products and services to you.

4.3 Your personal information is disclosed to these organisations and/or parties only in relation to the goods or services we provide to you or for a purpose permitted by this Privacy Policy.

4.4 We take such steps as are reasonable to ensure that these organisations and/or parties are aware of the provisions of this Privacy Policy in relation to your personal information.

5. Direct Marketing

5.1 You expressly consent to us using your personal information, including any email address you give to us, to provide you with information and to tell you about our products, services or events or any other direct marketing activity (including third party products, services, and events) (Direct Marketing Communications) which we consider may be of interest to you.

5.2 Without limitation to clause 5.1, if it is within your reasonable expectations that we send you Direct Marketing Communications given the transaction or communication you have had with us, then we may also use your personal information for the purpose of sending you Direct Marketing Communications which we consider may be of interest to you.

5.3 The Fairy will not disclose, provide or sell your personal information to third party organisations for the purposes of those organisations sending you Direct Marketing Communications.

5.4 If at any time you do not wish to receive any further Direct Marketing Communications from us, you may ask us not to send you any further information about products and services and not to disclose your information to other organisations for that purpose. You may do this at any time by contacting us at here. In any direct marketing communication we also remind you of your right to opt out of receiving direct marketing communications.

6. Cross Border Disclosure

6.1 Any personal information provided to The Fairy may be transferred to, and stored at, a destination outside Australia, including but not limited to the United States of America, where we may utilise overseas data and website hosting facilities or have entered into contractual arrangements with third party service providers to assist The Fairy with providing our goods and services to you. Personal information may also be processed by staff or by other third parties operating outside Australia who work for us or for one of our suppliers, agents, partners or related companies.

6.2 By submitting your personal information to The Fairy, you expressly agree and consent to the disclosure, transfer, storing or processing of your personal information outside of Australia. In providing this consent, you understand and acknowledge that countries outside Australia do not always have the same privacy protection obligations as Australia in relation to personal information.  However, we will take steps to ensure that your information is used by third parties securely and in accordance with the terms of this Privacy Policy.

6.3 The Privacy Act 1988 requires us to take such steps as are reasonable in the circumstances to ensure that any recipients of your personal information outside of Australia do not breach the privacy principles contained within the Privacy Act 1988. By providing your consent, under the Privacy Act 1988, we are not required to take such steps as may be reasonable in the circumstances.  However, despite this, we acknowledge the importance of protecting personal information and have taken reasonable steps to ensure that your information is used by third parties securely and in accordance with the terms of this Privacy Policy.

6.4 If you do not agree to the transfer of your personal information outside Australia, please immediately contact us by email at here.

7. Data Quality and Security

7.1 We have taken steps to help ensure your personal information is safe. You will appreciate, however, that we cannot guarantee the security of all transmissions or personal information, especially where the Internet is involved.

7.2 Notwithstanding the above, we will take reasonable steps to:

(a) make sure that the personal information we collect, use or disclose is accurate, complete and up to date;

(b) protect your personal information from misuse, loss, unauthorised access, modification or disclosure both physically and through computer security methods; and

(c) destroy or permanently de-identify personal information if it is no longer needed for its purpose of collection.

7.3 However, the accuracy of personal information depends largely on the information you provide to us, so we recommend that you:

(a) let us know if there are any errors in your personal information; and

(b) keep us up-to-date with changes to your personal information (such as your name or address) including, in relation to the Website and our online marketplace facility, by updating your profile in your Fairy Lotto Account, Fairy Racing Account or The Fairy Account (as applicable).

8. Access to and correction of your personal information

8.1 You are entitled to have access to any personal information relating to you which we possess, except in some exceptional circumstances provided by law. You are also entitled to edit and correct such information if the information is inaccurate, out of date, incomplete, irrelevant or misleading.

8.2 If you would like access to or correct any records of personal information we have about you, you are able to access and update that information (subject to the above clause 9.1) by contacting us via the details set out at the top of this document or by updating any incorrect or incomplete information by logging into your The Fairy Account.

8.3 Please note that we do require that, as part of any request by an individual for access to personal information, you verify your identity.

8.4 We are not required to give you access to personal information in circumstances where:

(a) We reasonably believe that giving access would pose a serious threat to the life, health or safety of any individual, or to public health or public safety; or

(b) giving access would have an unreasonable impact on the privacy of other individuals; or

(c) the request for access is frivolous or vexatious; or

(d) the information relates to existing or anticipated legal proceedings between us and you, and would not be accessible by the process of discovery in those proceedings; or

(e) giving access would reveal our intentions in relation to negotiations with you in such a way as to prejudice those negotiations; or

(f) giving access would be unlawful; or

(g) denying access is required or authorised by or under an Australian law or a court / tribunal order; or

(h) both of the following apply:

(i) has reason to suspect that unlawful activity, or misconduct of a serious nature, that relates to our functions or activities has been, is being or may be engaged in;

(ii) giving access would be likely to prejudice the taking of appropriate action in relation to the matter; or

(i) giving access would be likely to prejudice one or more enforcement related activities conducted by, or on behalf of, an enforcement body; or

(j) giving access would reveal evaluative information generated within The Fairy in connection with a commercially sensitive decision-making process.

8.5 Inaccurate information will be corrected upon receiving advice to this effect. To ensure confidentiality, details of your personal information will only be passed on to you if we are satisfied that the information relates to you.  From time to time, and having regard to the purpose of the collection and use of personal information about individuals, we may contact you to seek confirmation that the personal information provided to us by you is accurate, up-to-date and complete.

8.6 If we refuse to provide you with access to or correct the personal information held by us about you, then we will provide reasons for such refusal.  Such reasons will set out the grounds for refusal, the mechanisms available to complain about the refusal and any other matters that are required by the Privacy Act 1988. 

8.7 We will respond to any requests for access or correction within a reasonable time of receipt of the request, but in any event by no later than 30 days of the request being received.

9. Resolving Privacy Complaints

9.1 We have put in place an effective mechanism and procedure to resolve privacy complaints. We will ensure that all complaints are dealt with in a reasonably appropriate timeframe so that any decision (if any decision is required to be made) is made expeditiously and in a manner that does not compromise the integrity or quality of any such decision.

9.2 If you have any concerns or complaints about the manner in which we have collected, used or disclosed and stored your personal information, please contact us by email at here.

9.3 Please mark your correspondence to the attention of the The Fairy Privacy Officer.

9.4 In order to resolve a complaint, we:

(a) will liaise with you to identify and define the nature and cause of the complaint;

(b) may request that you provide the details of the complaint in writing;

(c) will keep you informed of the likely time within which we will respond to your complaint; and

(d) will inform you of the legislative basis (if any) of our decision in resolving such complaint

9.5 We will keep a record of the complaint and any action taken in a register of complaints.

10. Consent

10.1 By using the Website, The Fairy Services or by accepting the terms of one of our terms and conditions which refer to this Privacy Policy, you are agreeing to the terms of this Privacy Policy.

10.2 We reserve the right to modify our Privacy Policy as our business needs require. We will notify you of such changes (whether by direct communication or by posting a notice on the Website and/or via The Fairy Services), after which, your continued use of our products, services, the Website or The Fairy Services, or your continued dealings with us shall be deemed to be your agreement to the modified terms. If you do not agree to our continued use of your personal information due to the changes in our Privacy Policy, please contact us via the details set out at the top of this document.

11. Anonymity and Pseudonymity

11.1 You have the option of dealing with us anonymously.  However, this only applies where it is not impracticable for us to deal with you acting anonymously or under a pseudonym.  For example, if you are making general enquiries of us, you may do so anonymously or under a pseudonym.  However, if the dealing with us is for the purposes of us supplying services to you and/or to enter into contractual relations then it is impractical for you to deal with us on an anonymous basis or under a pseudonym.