Create My Time Pty Ltd (ACN 646 583 182) (“we”, “us” or
“our”) and our operation of the website at www.createmytime.com (“Website”) is committed to
protecting your privacy and respecting and upholding your rights under the Australian Privacy Principles
(“APPs”) contained in the Privacy Act 1988 (Cth) and the General Data Protection Regulation
sets outs out how we collect, use, process, store, share and disclose your Personal Information on our
We are a data controller for the purposes of the GDPR. We ensure that we will take all necessary and reasonable steps to comply with the relevant Privacy Laws and to deal with inquiries or complaints from individuals about compliance with the relevant Privacy Laws.
Information we may collect about you
Personal information is any information relating to an identified or identifiable natural person (“Personal Information”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
We will collect Personal Information from you only by lawful and fair means, and not in an unreasonably intrusive way. Generally, we will collect Personal Information directly from you, and only to the extent necessary to provide our services requested by you, to carry out our administrative functions or as required by a relevant Privacy Law.
We may also collect Personal Information from you when you fill in an application form, communicate with us, visit our Website, provide us with feedback, complete online surveys or participate in the competitions listed on our Website.
We may collect Personal Information about you that you have provided to our business partners or from third parties, and in respect of which you have given the third-party permission to share with us.
If you use a pseudonym when dealing with us or you do not provide identifiable information to us, we may not be able to provide you with any or all of our services as requested. If you wish to remain anonymous when you use our Website, do not sign into it or provide any information that might identify you.
We require individuals to provide accurate, up to date and complete Personal Information at the time it is collected.
What is our legal basis?
Under the GDPR, we must have a legal basis to process Personal Information collected from individuals residing in the European Union.
We rely on several legal bases to process your Personal Information, including:
where it is necessary to provide you with access to, and use of our services and Websites;
for our legitimate interests to provide, operate and improve our services or Website;
where you have freely and expressly consented to the processing of your Personal Information by us, which you may withdraw at any time; or
where we are under a legal obligation to process your Personal Information.
How your information is used and Direct Marketing
We use, process and disclose your Personal Information for the purposes for which the information is collected, or for a directly related purpose, including (but not limited to):
providing our Website and services to you;
providing Personal Information including your full name, social media handle and email address to the brands that we partner with who upload competitions on our Website that you can enter into (“Brands”);
administering, protecting, improving or optimising our Website and services (including performing data analytics, conducting research and for advertising and marketing purposes);
creating industry reports from de-identified data;
verifying your identity and/or age;
billing you via Stripe;
informing you about our Website, services, rewards, surveys, contests, or other promotional activities or events sponsored or managed by us, the Brands we partner with or our other business partners;
responding to any inquiries or comments that you submit to us;
any other purpose you have consented to; and
any use which is required or authorised by a relevant Privacy Law.
have your express consent (which you may withdraw at any time by contacting us in writing at email@example.com);
have a legal basis; or
are otherwise permitted by relevant Privacy Laws,
we may use and process your Personal Information to send you information about products and services we believe are suited to you and your interests or we may invite you to attend special events.
At any time, you may opt out of receiving direct marketing communications from us. Unless you opt out, your consent to receive direct marketing communications from us and to the handling of your Personal Information as detailed above will continue. Please also note that where you opt out of receiving communications from us or our Brands, we may not be able to notify you if you have been successful in winning a competition.
You can opt out by following the unsubscribe instructions included in the relevant marketing communication, or by contacting us in writing at firstname.lastname@example.org.
Disclosure of Personal Information
We may disclose your Personal Information to:
the Brands who upload competitions on our Website that you have freely entered into;
third-parties we ordinarily engage from time to time to perform functions on our behalf for the above purposes;
any person or entity to whom you have expressly consented to us disclosing your Personal Information to;
our external business advisors, auditors, lawyers, insurers and financiers;
our payment processing service provider Stripe; and
any person or entity to whom we are required or authorised to disclose your Personal Information to in accordance with the relevant Privacy Laws.
All prices listed on the Platform are in Australian Dollars and inclusive of goods and services tax (GST) unless otherwise specified.
You acknowledge and agree that a listing on the Platform for the provision of goods and/or services by a Brand constitutes mere information and does not form part of any offer to sell those goods and/or services.
Cookies are small files that can be stored on and accessed from a user’s device when the user accesses a website. They enable authorised web servers to recognise you across different websites, services, devices and browsing sessions.
identify users of our Website and Services;
process user requests;
improve user experience;
remember user preferences on our Site;
monitor the use of our Site and for analysis of our user base;
facilitate communication with users;
control access to certain content on our Site; and
protect our Site.
The data collected through Cookies will not be kept for longer than is necessary to fulfil the purposes mentioned above.
We will handle any Personal Information collected by Cookies in the same way that we handle all other Personal Information.
You can delete and refuse to accept browser Cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of the Website.
When transmitting Personal Information from your computer to our Website, you must keep in mind that the transmission of information over the internet is not always completely secure or error-free. Other than liability that cannot lawfully be excluded, we will not be liable in any way in relation to any breach of security or any unintended loss or disclosure of that information.
We may hold your Personal Information in either electronic or hard copy. We take reasonable steps to protect your Personal Information from misuse, interference and loss, as well as unauthorised access, modification or disclosure and we use a number of physical, administrative, personnel and technical measures to protect your Personal Information. For example, your Personal Information is stored in Amazon RDS which is fully encrypted at rest.
However, we cannot guarantee the security of any Personal Information transmitted over the internet and therefore you disclose information and Personal Information to us at your own risk. We will not be liable for any unauthorised access, modification or disclosure, or misuse of your Personal Information.
Access to information
Under the GDPR, an individual residing in the European Union has enhanced privacy rights, including the right to:
require us to correct any Personal Information held about you that is inaccurate or incomplete;
require the deletion of Personal Information concerning you in certain situations;
data portability for Personal Information you provide to us;
object or withdraw your consent at any time to the processing of your Personal Information;
object to decisions being taken by automated means which produce legal effects concerning you or similarly significantly affect you; or
otherwise restrict our processing of your Personal Information in certain circumstances.
Subject to some exceptions provided by the relevant Privacy Laws, you may request access to your Personal Information in our customer account database, or seek correction of it, by contacting us. See section 11: Contact information. Should we decline you access to your Personal Information, we will provide a written explanation setting out our reasons for doing so.
We may charge a reasonable fee that is not excessive to cover the charges of retrieving your Personal Information from our customer account database. We will not charge you for making the request.
If you believe that we hold Personal Information about you that is not accurate, complete or up-to-date then you may request that your Personal Information be amended. We will respond to your request to correct your Personal Information within a reasonable timeframe and you will not be charged a fee for correcting your Personal Information.
You acknowledge that we provide a platform for connecting Brands and Entrants to Competitions. We are in no way involved in conducting Competitions. To the fullest extent permitted by law, we are in no way responsible for arranging or conducting the Competitions and are not liable for any disputes or complaints made by you or any User in relation to Competitions made available on the Platform.
To the extent permitted by law, we will not be liable for any loss, expenses, liabilities, costs or damage caused by viruses, system failures or other technologically harmful material that may infect your computer equipment, programs, data or other material due to your use of any part of the Website or downloading of any material posted on it or on any website linked to it. We recommend you ensure they have up-to-date virus checking software installed.
To the extent permitted by law, we are not responsible for dealing with, and not liable for, any disputes or complaints made by you in relation to goods or services sold, or advertised, via the Website (including any dispute or complaint regarding refunds, payment, goods or services). You should address such complaints directly with the User.
You agree that we will not be liable for any indirect, consequential, special or exemplary losses, expenses or liabilities, or loss of profits, loss of revenue, economic loss, loss of goodwill, corruption or alteration of data, failure to realise anticipated savings, loss of opportunity, expectation loss or loss of production, arising out of, or in connection with, the provision or use of the Services, the Platform, the Website or these Terms.
You agree that, in any event, our maximum aggregate liability to you under these Terms will be no more than AUD $100.
The User acknowledges and agrees that the limitations of liability contained in this clause are a fair and reasonable allocation of the commercial risk between the parties.
This clause 11 survives termination or expiry of these Terms.
Third Party Sites
Notices and Revisions
We will cooperate with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personally identifiable information that cannot be resolved between us and the individual.