General

General terms and conditions apply to the visit and use of the Website and other services offered by us via the Website. Please read these terms and conditions carefully before visiting the Website and/or using our services. If there are one or more points in our general terms and conditions that the user does not agree with or if the user is experiencing difficulties in reading and understanding these general terms and conditions, the user must immediately cease using our services and navigate away from Website. This and/or future visits to the Website and/or the use of our services imply that the user explicitly and unconditionally accepts these general terms and conditions. To use the Website and the applications provided therein, registration and the use of a personal password by the user are required.

Article 1: Definitions

1.1 BD Technologies AG: Operator, owner and operator of the website.

1.2 Hyperlink: Links that are primarily intended for presentation to a human user.

1.3 Website: A medium for presenting information via the Internet and the provision of our services.

1.4 User: The person who visits the Website and our services and uses it in a manner as described in Article 3. It is prohibited for the user to seek any physical contact whatsoever.

1.5 Entertainment Profile: The person who, on behalf of BD Technologies AG, maintains contact (chat) with the user via the Website for paid entertainment. Under no circumstances can physical contact be made with an Entertainment profile. Those profiles are also called fictitious profiles.

1.6 Credits: The payment method for being able to communicate via the Website.

1.7 Profile: The entirety of personal characteristics and preferences by the user and Entertainment Profile is provided and made visible on the Website.

1.8 Content: The actual content of the Website, this content includes but is not limited to photos, texts, and any associated metadata

1.9 Logging: The digital storage of data contributions from the user.

Article 2: Scope and nature of the conditions

2.1 These general terms and conditions apply between BD Technologies AG and the user.

2.2 These general terms and conditions apply to the use of the Website and our services.

2.3 Where parts of these terms and conditions may be void or voidable, the other parts remain in effect and the relevant part will be converted into a valid part that affects the original intention as much as possible.

Article 3: Content and use of the Website

3.1 The Website does not facilitate sex for payment, prostitution, and/or escort. If the Website suspects that the user is acting in violation of the general terms and conditions, the Website reserves the right to report this to the police or other judicial authorities. In addition, the user's account will be immediately put inactive, whereby any outstanding credits will immediately expire.

3.2 The Website is a platform for users to communicate and is a passive link between the online publication and distribution of Profiles and other information. The Website allows users to communicate with Entertainment Profiles. The purpose of this website is to enable chat conversations between fictitious profiles and users and therefore contains fictitious profiles. Physical meetings are not possible with these fictitious profiles. No physical contact is possible with these fictional profiles, whose purpose is paid entertainment.

3.3 Communication via the Website takes place against payment with credits. Every message and every flirt costs 1 Credit to send. Receiving messages and flirts is for free. Credits have a limited validity. Upon deactivation of your account you will lose your credit and credits will be removed. However, should you reactivate your account, customer services can be contacted to reactivate your credit. The credits have a limited validity. Refer to Article 11 in the event of you deactivating your account. Under the conditions mentioned in Article 12, the user has the option to make use of the right of withdrawal and to have the amount of the purchased credit(s) refunded.

3.4 BD Technologies AG is allowed and will send automatic messages, flirts, and winks on the Website from Entertainment Profiles to users. BD Technologies AG is also allowed to influence the chats between fictitious entertainment profiles and users.

3.5 Use of the Website and services offered through the Website is open to any person who has reached the minimum age of 18 years. If the user has not yet reached the age of 18, objects to the content of the Website and / or the user is located in a geographical area where access to the Website or the use thereof is prohibited, the user must immediately cease all access to the Website. Users must not be bankrupt or under any formal external administration.

3.6 The user can create a profile by going through the registration process completely. When going through the registration process, the user must provide current and complete information about themselves. The user guarantees that any changes to these data will be immediately passed on to the Website or, if necessary, adjusted by the user on its own pages of the Website. By completing the registration, the user grants a perpetual, irrevocable, worldwide, royalty-free license to use the intellectual property rights content provided by the user to the Website. In particular, this license includes the right of BD Technologies AG to duplicate, display, adapt, translate, scan, use for publicity purposes, both commercial and non-commercial, sublicense or transfer content related to the user's Profile.

3.7 The user is not allowed to create a profile for others, to transfer it and / or to allow others to use their profile. If, for whatever reason, the data of the user is no longer correct or complete, the user must adjust their data in such a way that it is up to date again. If the user provides incorrect or incomplete information about itself and if BD Technologies AG determines that the information provided is incorrect or incomplete, BD Technologies AG may immediately terminate or suspend the account, without any notice period or opportunity for the user to correct the information.

3.8 The user is fully responsible for keeping their username and password secret. The user alone is liable for the use of the account by third parties, regardless of how this access to the account is obtained. In the case of suspected abuse of the account, BD Technologies AG will immediately notify the user and has the right to terminate user’s use of the Website and to remove user access.

3.9. BD Technologies AG is not liable for the use or improper use of the account, and is not liable to user in any way for any loss or damage suffered by user as a result of user’s credentials being compromised.

3.10 Gaining access to the Website in an unauthorised manner is punishable by law. In case of suspicious use or abuse BD Technologies AG will immediately cease access to the Website and if required, report the abuse to the relevant authority.

3.11 The user is not permitted to use the personal data of third parties, which the user has via the Website, other than exclusively for the purposes of using the Website.

3.12 The user is not allowed to reverse engineer the website or use the website professionally or for commercial purposes. All information obtained on the website is just for personal use. Further, the user is not permitted to transfer the personal data of third parties, which the user has via the Website, to third parties or to use it for sending 'junk mail', 'spam', 'chain letters', 'mailings', 'publications' etc.

3.13 The user is not allowed to comment or distribute content that violates any laws of the country that they reside in. The user is also not allowed to publish content that is defamatory, insulting, obscene, hurtful or violent in nature, or that can provoke politics, racism or violence. In general, the user is not allowed to post content that violates the objectives of the website or the applicable laws, rules or decency standards.

3.14 The user is not permitted to use the website in any way or allow it to be used for unlawful acts, committing criminal offenses, and/or for acts that are contrary to generally applicable laws, standards, and values. This includes, among others, the following: the infringement of intellectual property rights of third parties (including, but not limited to: copyright, trademark rights, patent rights, design rights); theft; the unlawful and/or criminal distribution of secret or confidential information; the unlawful or punishable distribution of illegal content, including, texts and/or image and sound material, including racist statements, (child) pornography, criminal data traffic, insulting statements and so-called 'mail bombs'; computer trespass ('hacking') via Website; destruction, damage or rendering unusable of systems or automated works and software of others; spreading viruses or otherwise deliberately disrupting communications or data storage; gaining access by means of false keys, false codes and false attributes.

3.15 The user is not allowed to publish photos of persons other than the user themselves on the website. BD Technologies AG reserves the right to refuse, change or remove photos, animations or other images. It is also not permitted to distribute photos obtained via the Website on other websites or platforms.

3.16 The user is not permitted to include contact details such as telephone numbers, street addresses, surnames, URLs, e-mail addresses, or other personally identifiable information. The user is also not permitted to make requests to obtain contact details in the profile or on images of the user. BD Technologies AG reserves the right to refuse, change or remove Profiles or parts of Profiles.

3.17 Sending a message cost 1 Credit per message. A message has a maximum of 1000 characters. In addition, on this website, a “flirt” notification is able to be sent. These flirt notifications cost one credit to send a flirt. Receiving messages and flirts is free. Every user can also send 4 winks per day for free.

3.18 To place a message on the Recent Activity board, which is located on the main page of the website, for the community to read, it costs one credit to place a message with a maximum of 140 characters.

3.19. In the chat overview in the inbox, messages can be deleted after 28 days. In some cases, messages stay longer until a maximum of 45 days. Pictures in messages can be pinned and stay visible in the picture gallery which can also be found in the message inbox. We have the right to retain all messages.

3.20 A free credit is given after registration. However, BD Technologies AG may request to have the email address verified before this free credit is activated. In addition, checks are implemented to avoid giving free credits to suspicious, spam, or abusive accounts. If the user hasn't received a free credit, they can always contact customer support.

3.21 BD Technologies AG offers the user the possibility to receive a free credit after logging in for 7 consecutive days. This credit needs to be claimed within 13 days after the 7-day threshold was reached. This function will be blocked after 3 claimed rewards in a row without any purchase by the user and if multiple accounts of the user are detected.

3.22 The user may have the possibility to play a matching game. The usage of the game is limited to 10 rounds per day. There is no guarantee to achieve matches. Gained matches cannot be deleted but the user is of course free to choose whether he sends messages to those profiles or not.

3.23 The user may have the opportunity to purchase online e-books. These e-books will be sent via email as pdf. If a user who purchased an e-book does not receive the e-book within a reasonable time frame, they should contact customer support. BD Technologies AG bears no responsibility for any email delivery failures which are out of our control.

3.24 The user may choose to send gifts to entertainment profiles. These gifts are paid with credits and the user will receive a personalised message in due course. BD Technologies AG makes no guarantees regarding the content or timing of these messages.

3.25 The user has the possibility to save an unlimited amount of profiles as favourites which can be found in the "my favourites" section.

3.26 The user has full control over their spending. Should the user believe they are going above their expenditure budget, the user can actively take steps to limit their spending by choosing the "voluntary exclusion" which can be activated by writing an email to our support. Once the voluntary exclusion is activated, their accounts are fully suspended and deactivated from any payment method.

3.27 The user agrees to use the Website solely for its intended purpose and in compliance with all applicable laws and regulations. Once we are made known of any illegal content infringements that fall within the ambit of the law and regulations, we shall take immediate action to investigate and evaluate the content. If illegal content has been detected, we will immediately suspend the user account. We will further, block, filter, and take down the illegal content from our website as soon as we become aware of it. We may blacklist the device fingerprint as well as the registration IP address to prevent the creation of new accounts by the same user. The user account may be closed if deemed necessary and depending on the severity of the illegal content infringement. We remain obliged to inform the competent enforcement authorities in accordance with Australian law in the event of becoming aware of any illegal content giving rise to a suspicion of serious criminal offenses involving a threat to the life or safety of one or more persons.

Article 4: Protection of personal data

4.1 The Privacy Terms of the Website apply to the use of the Website. It describes how the Consumer's personal data are processed. The Website hereby adheres to the legal rules regarding the protection of privacy and the cookie legislation as per Australian laws and can be found on the Website.

4.2 If BD Technologies AG has a reasonable suspicion of violation of the rules of the website in Article 3, the website is entitled to take note of data the user has shared via the website.

4.3 To ensure user security and prevent fraudulent activities, we reserve the right to redact or phone numbers, email addresses, and website links in messages and profile descriptions. This is part of our commitment to protect personal data and prevent scamming and fraud.

Article 5 Liability

5.1 BD Technologies AG endeavours to keep the Website available and to secure it using reasonable means. However, BD Technologies AG does not guarantee uninterrupted access to the Website and is not liable for any damages or losses resulting from any interruptions or security breaches that may occur.

5.2 BD Technologies AG will not be held liable for any inconvenience or disruption caused by work, problems, interventions, changes, or limitations of functionality, or any other factors that may affect the availability and use of the Website. Users use the Website at their own risk. BD Technologies AG is not liable to you in any way for any outage or failure of the Website.

5.3 BD Technologies AG does not assume responsibility for the accuracy, completeness, or timeliness of user profiles. The content therein rets the views and s of the individual users. Some profiles, advertisements, or contributions may be for paid entertainment purposes. Physical contact is strictly prohibited in these instances. BD Technologies AG is not liable for any misrepresentations or inaccuracies in user profiles.

5.4 BD Technologies AG will not be held liable for any direct or indirect damage, loss, or injury resulting from the use of, or inability to use, the Website, whether based on breach of contract, tort (including negligence), product liability or otherwise, even if BD Technologies AG has been advised of the possibility of such damages.

Article 6: Content

6.1 The content of the Website consists of profiles, user contributions, and Entertainment profiles and advertisements.

6.2 BD Technologies AG does not have the obligation to continuously monitor the content of Profiles and takes no responsibility for them.

6.3 BD Technologies AG may check the interaction of users and entertainment profiles if there is a suspicion of violations of the General Terms and Conditions and for quality control and may take action where it deems fit in accordance with these terms and conditions.

6.4 BD Technologies AG is not responsible for the content or accuracy of external links (advertisements).) and takes no responsibility for them and is not liable to you if you suffer loss or damage as result.

6.5 If the user suspects a violation of the law, BD Technologies AG will, at its sole discretion, remove the relevant statements and the relevant Profile and take measures to prevent recurrence. However, BD Technologies AG does not assume any liability for any damages or losses resulting from such actions.

6.6 BD Technologies AG may utilize websites of third parties to direct visitors to the Website, which may or may not involve a fee. These third parties are solely responsible and liable for the content of their websites and the manner in which they direct users to the Website via hyperlinks. BD Technologies AG assumes no responsibility or liability for the actions or content of these third parties.

6.7 The Website is not part of the Match Group nor is it under the control of the Match Group.

Article 7: Privacy, personal data and control of use

7.1 BD Technologies AG may utilize websites of third parties to direct visitors to the Website, which may or may not involve a fee. These third parties are solely responsible and liable for the content of their websites and the manner in which they direct users to the Website via hyperlinks. BD Technologies AG assumes no responsibility or liability for the actions or content of these third parties. is committed to protecting the personal data of users. We will not share this data with third parties except as outlined in our privacy statement or as required by law. Please refer to our privacy statement on the Website for more details.

7.2 Any information you share in conversations can be read by the (sub)-processors as laid down in the processing agreement with our partners where the user is covered by the GDPR. Do not share any sensitive information you don't want to disclose in conversations. Never share any private data such as passwords and secrets in a chat conversation.

7.3 Use of the Website is subject to our Privacy Policy, which outlines how we collect, use, and protect your personal information. While using the Website, you acknowledge the collection and processing of such data in accordance with our Privacy Policy.

7.4 During the visit to and the use of the website, information of the user is logged. This information is necessary for the correct functioning of the website and the optimization/improvement of the Website and the use of the Website. This information can also be used for tracing errors and/or violations of these general terms and conditions and legal provisions that BD Technologies AG deems necessary.

7.5 In case of violation of the provisions in these general terms and conditions, actions that are in violation of the law and / or in the event of fraud, the account may be blocked with immediate effect and without prior warning, and the membership will be terminated immediately. The purchased balance will expire immediately and irrevocably. The costs associated with detecting the abuse or fraud are recovered from the user. BD Technologies AG reserves the right to recover all damages and judicial and recovery costs from user.

7.6 All personal data is by default processed in any country within the European Union and shall remain on servers or storage residing in the European Economic Area (EEA). By default, personal data will be stored within the EEA but may however be processed and/or accessed outside of the. We shall ensure the personal data processed and/or accessed outside the EEA is adequately protected with all appropriate safeguards to ensure there is an adequate level of protection, in accordance with the General Data Protection Regulation (GDPR), standard contractual clauses, the Australian Privacy Act 1988, the Australian Privacy Principles (APPs), and privacy laws of the third country. The personal data that may be processed and/or accessed outside the EEA, will by default be stored within the EEA. We will ensure that all of our contractors having access to your personal information are bound by appropriate and legally binding confidentiality obligations in relation to such information.

7.7 Our service is not intended for persons under the age of 18. We do not knowingly solicit or collect any information from anyone under the age of 18 on the Website. Never post, save, send, forward, distribute, or ask for nude or sexually explicit content involving anyone under the age of 18. In the event we learn that we have inadvertently collected personal information from a child under the age of 18, we will delete all sensitive and prohibited information immediately. We may retain all necessary administrative and payment data to prevent future misuse of our services. If you believe that we might have any information from persons under the age of 18, please notify us immediately. Protecting the privacy of children is very important to us. Thus, if we obtain actual knowledge that a user is under the age of 18, we will take steps immediately to remove that user’s Personal Information from our database and Website.

Article 8: Complaint handling

8.1 All complaints related to the use of the Website, quality or any other complaint will be taken seriously by BD Technologies AG.

8.2 The user must submit a complaint in writing by e-mail to BD Technologies AG within 30 days of the incident.

8.3 BD Technologies AG will try to resolve the complaint within 10 working days. BD Technologies AG will inform the user about this in writing by e-mail.

Article 9: User disputes

9.1 Other than as disclosed in these terms and conditions BD Technologies AG is not involved in communication between profiles. The user indemnifies BD Technologies AG against any form of direct or indirect damage as a result of communication of the user.

Article 10: Intellectual property

10.1 All intellectual property rights, as well as all similar rights to all services, products and information offered on the Website, rest exclusively with BD Technologies AG or its licensors.

10.2 Nothing from this website may be reproduced without written permission from BD Technologies AG. The intellectual property rights to all texts, images, sounds and software of this website belong to BD Technologies AG or its licensors.

10.3 Insofar as the user sends texts, images, sounds and / or software to BD Technologies AG or leaves them on the website, the user grants BD Technologies AG a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, and display the content and therefore indemnifies BD Technologies AG against claims from third parties. BD Technologies AG is therefore entitled, among other things, to exploit these contributions commercially.

10.4 Should BD Technologies AG be informed of (alleged) infringing material or of (alleged) infringing links on the Website, then BD Technologies AG has the right, but not the obligation, to immediately remove this content or links.

Article 11: Termination

11.1 The agreement with regard to the use of the services of the website between the parties is entered into for an indefinite period of time. The user has the right to stop using the service and delete the account at any time.

11.2 On the website, the user can request to close their account. Access to the Website will immediately cease and the user won't be able to access their account and are not able to receive any new messages. The option to have purchased credits refunded is mentioned in Article 12. After 600 days all user data will be permanently deleted from the system.

11.3 If the user deactivates their account, they shall lose their credits. However, should the user reactivate the account customer services can be contacted to reactivate the credit that was available at the time of deactivation.

11.4 Your data and personal information can be deleted in accordance with the terms of our Privacy Policy. This request needs to be done via email. After deletion, all data and messages will be permanently removed. The user can therefore no longer claim any outstanding credits or refunds.

Article 12: Payments and Reflection Period

12.1 The user may only select from the accepted payment methods provided by the Company.

• Credit/Debit Card
• Bankwire

12.2 All transactions are one-time payments; no subscriptions or automatic charges will be applied.

12.3 Payments must be made directly. Credits will be reflected within 15 minutes of payment, except for bank wire transfers which may take up to three working days.

12.4 Additional fees may apply. Please consult your bank for further information regarding such charges and we are not liable to you for such charges.

12.5 Users may opt to save their credit card information with our payment provider. This allows for one-click payments. The credit card will only be charged when the user initiates a payment.

12.6 The Company reserves the right to modify the available payment methods at any time.

12.7 The user has the right to cancel the purchase of credits purchased through a credit pack within 14 days without giving reasons (the right of withdrawal). If the user uses the purchased credits and the associated services within these 14 days, the right of withdrawal will lapse. Refunds will be refunded by bank transfer payment method within 14 days after the user has made it known that they wish to make use of the right of withdrawal. In these cases, the user must always provide a bank account.

12.8 To exercise the right of withdrawal, the user must inform us of their decision to cancel their purchase by sending an e-mail to BD Technologies AG.

12.9 The user can use the withdrawal form on the Website. To meet the withdrawal period, it is sufficient to send the communication concerning the exercise of the right of withdrawal before the withdrawal period of 14 days has expired.

12.10 In accordance with the law, the user may owe value compensation, if the user has nevertheless made use of the paid services, the user's right of withdrawal will lapse. The amount of the value compensation is determined based on the number of contacts established. The value compensation is limited to a maximum of three-quarters of the costs of the most popular credit pack, this will be deducted from the sum of the amount to be revoked.

12.11 Where some or partial credits purchased have been used, an offer can be made by the user to receive the remainder of the credit on payment of an administration fee of 15 AUD, provided the credit limit is not below 30 AUD. Contact us via email to activate this offer. Email: team@gaysaustralia.com

12.12 These conditions do not affect the user’s statutory rights under the Australian Consumer Laws.

12.13 This refund policy is offered in addition to your legal rights.

Article 13: Changes in price and general terms and conditions

13.1 BD Technologies AG has the right to change the (published) prices for the use of the Website, as well as the nature and content of the use of the Website, at any time and thereby to adjust the provisions of these general terms and conditions or more complete.

13.2 BD Technologies AG does not actively inform the user about changes to the general terms and conditions. The user must therefore regularly check whether they agree with the current general terms and conditions. If the user continues to use the Website after the effective date of the changes, the user indicates that they agree with the change(s) and has accepted them.

13.3 BD Technologies AG is not liable for any (direct and indirect) damage or consequences resulting from changes to the Website and the use thereof.

13.4 These Terms and Conditions are governed by and interpreted according to the laws of the BD Technologies AG's Principal Jurisdiction. (Switzerland)

13.5 Any disputes arising from these Terms shall be exclusively resolved in the courts of the BD Technologies AG's Principal Jurisdiction.

13.6 This provision shall not affect the legal protection you are entitled to under the mandatory laws of your country of residence.

1. INTRODUCTION

At BD Technologies AG, protecting your privacy and treating your personal data with respect to Australian privacy laws is paramount to us. This Privacy Policy also applies to our related bodies corporate. This Privacy Policy explains what personal data we collect, why we collect personal data, and how we collect, use, disclose, store and protect your personal data when you visit our website, use our services or products, provide us with information yourself (such as when you sign up to our service or use our services) or when you accept services from us. We collect and process your personal data for specific purposes including: to provide and improve our services, to communicate with you, to personalize your experience, for analytics and research, and to comply with legal obligations. It also explains how to contact us to correct, update or delete any personal data provided to us, or make a complaint if you have concerns. We are compliant with the Privacy Act 1988 Australia. In the event of a data breach, we have a clear and actionable response plan in place. This includes promptly notifying affected individuals and relevant authorities, containing the breach, assessing its impact, and implementing measures to prevent future occurrences. If you have any questions or concerns about our data handling practices, please contact team@gaysaustralia.com. We will only collect and process personal data about you where we have a lawful basis to do so. Lawful basis includes consent (where you have given consent), contract (where processing is necessary for the performance of a contract with you), legal obligation (where processing is necessary for compliance with a legal obligation we have), and legitimate interests (including security threats or fraud, risk of harm to self or others, compliance with applicable laws, and enabling us to administer our service). We employ age verification measures to ensure that consent is legally valid, especially for minors. If you choose to withdraw your consent, we will stop processing your personal data for the purposes you initially agreed to, unless we have another lawful basis for doing so. This may result in limited access to certain features or services that require the processing of your personal data. We will retain your data only as necessary to comply with legal obligations or resolve disputes. We maintain secure records of all user consents and withdrawals to ensure compliance with data protection regulations and to respect your privacy choices. These records are kept for the duration of our relationship with you and for a reasonable period thereafter as required by applicable laws. Unless otherwise indicated by the context words importing the singular include the plural and vice versa.

2. CHANGES THAT WE MAKE TO OUR PRIVACY POLICY

We will notify you about any changes to our Privacy Policy by updating the "Last Updated" date of this Privacy Policy. You are encouraged to periodically review this Privacy Policy to stay informed of updates. We will seek your explicit consent for any changes in our Privacy Policy that affect how we process your personal data. If you do not agree with the changes, you may choose to stop using our services.

3.COLLECTION OF YOUR PERSONAL DATA BY THIRD PARTIES

This Privacy Policy does not apply to any third-party service or website which we connect to, and which may also collect and use information about you. We are not responsible for the privacy practices of any third party.

If our services include accessing the personal information of your customers, you acknowledge and warrant that you are responsible for and must comply with your own privacy obligations in relation to any personal data you authorise us to collect on your behalf as part of our products and services and you are responsible for ensuring you have the consent of any other party whose personal data we collect when accessing your information technology infrastructure.

IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY, PLEASE DO NOT ACCESS OUR WEBSITE, USE OUR SERVICES OR PROVIDE ANY INFORMATION ABOUT YOURSELF TO US.

4. WHICH ENTITIES DOES THIS PRIVACY POLICY COVER?

This Privacy Policy applies to us with respect to content on our websites, our services and information you provide to us about yourself.

5.WHAT IS PERSONAL DATA?

Personal data is defined as data, whether true or not, about an individual who can be identified (a) from that data; or (b) from that data and other information to which the organisation has or is likely to have access.

6. WHEN AND HOW DO WE COLLECT YOUR PERSONAL DATA?

We collect most personal data directly from you when you consent to use our services or receive communications from us, or information we receive from third parties (for instance if you use your Google Account to log into our website or services. Your consent may be express (e.g. you agree to the use of your information by ticking a box) or implied by an action you take or do not take (i.e. because you have agreed to terms and conditions that contain information about the use or disclosure of your information).

7.WHAT PERSONAL DATA DO WE COLLECT?

Personal data

We may collect and process various types of personal data, including sensitive personal data. Sensitive personal data includes information such as racial or ethnic origin, political opinions, religious beliefs, health information, or biometric data. When we collect sensitive personal data, we implement additional safeguards to protect this information, including enhanced security measures, stricter access controls, and specialised handling procedures in compliance with applicable laws and regulations.

We collect demographic and personally identifiable information either directly from you or as provided to us through third parties that you have consented to disclose such information. That personally identifiable information, collected in compliance with the Privacy Act, may include (but not be limited to):

• full name;
• date of birth;
• email address;
• age or date of birth;
• photographic representations of you;
• credit card and PayPal information and other information for billing;
• your device ID, browser type and version, 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, and the specific purpose for which each category of data is used;
• details of the services we have provided to you or that you have enquired about, including any additional information necessary to deliver those services and respond to your enquiries;
• any additional information relating to you that you provide to us directly through our website or use of our services or indirectly through your use of our website or use of our services or online presence or through other websites or accounts from which you permit us to collect information;
• information you provide about yourself when you communicate to us or others when you use the services; or
• any other personal data that is directly related to and necessary for facilitating your dealings with us, as explicitly stated at the time of collection.
• We may collect these types of personal data either directly from you, or from third parties or from third party applications you control and give us access to. We may collect this information when you:
• register for our products or services;
• communicate with us through correspondence, chats, email, or when you share information with us from other social applications, services or websites;
• interact with our site, products, services, content and advertising.

You can choose not to provide us with your personal data. However, please note that if you do not provide this information, you may not be able to take full advantage of some of the features of our services or our website. It is important to note that the provision of personal data is voluntary. You have the right to withdraw your consent at any time, in which case you should contact us using the contact details provided in this policy.

8.WHY DO WE COLLECT YOUR PERSONAL DATA?

We may collect your personal data when required by law but generally we collect personal data from you (or about you) to allow us to:

• create and manage user accounts;
• supply you with information about our products and services;
• provide you with our products and services;
• undertake analytics and visualisation of the performance of our products or services;
• ensure your use of our services and products are safe and secure;
• send you administrative information;
• marketing and advertising to you, with your explicit consent and in compliance with the Australian Privacy Principles (APPs) under the Privacy Act 1988 (Cth);
• respond to inquiries and offer support;
• request user feedback;
• improve user experience;
• enforce terms and conditions and policies;
• protect from abuse and malicious users;
• respond to legal requests and prevent harm;
• communicate more effectively with you about our services and your care; and
• ensure your experience with us is a positive one.

Personal data collected or received by us will only be used for the stated purpose for which it was provided.

9.WHEN DO WE DISCLOSE YOUR PERSONAL DATA?

We may collect, hold, use and disclose your personal data for the following purposes:

• to enable you to access and use our services and products;
• to operate, protect, improve and optimise our products or services, business and our users’ experience, such as to perform analytics, conduct research and for advertising and marketing;
• 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, provided we have obtained your consent beforehand;
• to comply with our legal obligations, including but not limited to the Australian Privacy Principles (APPs) under the Privacy Act 1988 (Cth), resolve any disputes that we may have with any of our users, and enforce our agreements with third parties.

10. TO WHOM DO WE DISCLOSE YOUR PERSONAL DATA?

We may disclose personal information for the purposes described in this privacy policy to:

• our employees, agents and contractors and related bodies corporate;
• third party suppliers and service providers (including providers for the operation of our website and/or our business or in connection with providing our services to you) including banks and payment processors;
• other users of our products and services, limited to your username, gender and age, photographic representation and information you provide us about your interests and sexual preferences;
• businesses whom you interact with via our services;
• professional advisers and agents;
• payment systems operators (e.g. 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;
• 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.

If personal data is disclosed to a third party, we commit to taking all necessary measures to ensure your personal data is handled in compliance with the privacy laws applicable in the recipient country. We may disclose your personal data to a trusted third party who also holds other information about you. This third party may combine that information to enable it and us to develop anonymised consumer insights, with the aim of better understanding your preferences and interests, personalising your experience, and improving the products and services that you receive, provided we have obtained your explicit consent beforehand.

11.AGGREGATED INFORMATION & DIRECT MARKETING

We do not sell your personal data. However, we may aggregate the information you and others provide to us and share this aggregated information with third parties.

We may use and share this aggregated information with third parties for research purposes or to enhance our services and provide our partners with a better understanding of the users of our services. We will not sell or license this aggregated information.

We and/or our carefully selected business partners may send you direct marketing communications and information about our service and products. This may take the form of emails, SMS, mail or other forms of communication, in accordance with the laws of your country. 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 (e.g., an unsubscribe link).

You can object to us using your information for these purposes.

12.WHAT IF YOU DON’T WANT US TO COLLECT YOUR PERSONAL DATA?

You are not obligated to provide us with your personal data. You may choose whether you receive communications from us. Whilst it is your choice not to provide your personal data to us this may impede our ability to provide you with all the functionality of our services and website.

13.WHAT IF YOU DON’T WANT TO RECEIVE FURTHER COMMUNICATIONS FROM US?

Should you wish to remove yourself from our database you may do so at any time by contacting us by emailing us at team@gaysaustralia.com.

14.HOW CAN I ACCESS, CORRECT AND/ OR UPDATE PERSONAL DATA YOU HAVE COLLECTED?

At any time, you may contact us to request your personal data be modified. We will make all efforts to correct data once we have proved your identity. Once any corrections are made to your personal data, we will notify you via email or your preferred method of communication to confirm that the changes have been implemented. We do not charge any fees for processing access or correction requests or submit corrections.

To submit corrections to your personal data, please email team@gaysaustralia.com with the subject line "Personal Data Correction Request". In your email, please include your full name, contact information, the specific data you wish to correct, and the accurate information. We will verify your identity and process your correction request as quickly as possible, making all efforts to correct the data once we have confirmed your identity and the accuracy of the new information.

We will deal with all requests for access to personal data as quickly as possible, but no later than the prescribed time required by law (unless any complexities arise). Requests for a large amount of information, or information which is not currently in use, may require further time before a response can be given.

We will provide you your personal data in a structured, commonly used, machine-readable format.

In certain circumstances, we may refuse to provide you with access to the personal data we hold about you. Such circumstances include, but are not limited to, situations where providing access would: be unlawful; unreasonably impact other people’s privacy; compromise an investigation of unlawful activity; disclose our intentions that could affect negotiations with you; hinder enforcement-related activities conducted by or on behalf of an enforcement body; or reveal evaluative information connected with a commercially sensitive decision-making process within our business.

We will also refuse access where the personal data relates to existing or anticipated legal proceedings, and the information would not be accessible by the process of discovery in those proceedings. Further, we reserve the right to refuse access if we find that your request is frivolous or vexatious, or if we have a reasonable belief that there is an ongoing or potential unlawful activity or serious misconduct that could be impacted detrimentally by granting access.

If we refuse to give you access, we will provide you with reasons for our refusal, unless doing so would be unreasonable in the circumstances. We will also take reasonable steps to give you access in a way that meets your needs without giving rise to the reasons of our refusal. Further, we will provide details of how you may make a complaint about our decision.

Please note that the access and correction requirements under this Privacy Policy operates alongside and do not replace other informal or legal procedures by which an individual can be provided access to, or correction of, their personal data. We maintain a record of all access and correction requests received, along with their outcomes, for internal audit and compliance purposes.

15.HOW DO WE STORE AND PROTECT YOUR PERSONAL DATA?

For us to provide excellent service we are required to store some personal data and take the greatest of care to ensure this information is treated as private and confidential. Transmitting personal data via the internet does have inherent risks associated with it. We will take all reasonable steps, including but not limited to the use of encryption, secure servers, and two-factor authentication, to ensure the security of this data.

We have taken the necessary measures to ensure the personal data we hold is not compromised. In accordance with and as permitted by applicable law and regulations we will retain your information as long necessary to serve you, to maintain your account or as otherwise required to operate our service.

We have established agreements with these third parties that require them to maintain adequate security measures and we conduct regular audits to verify compliance. However, we cannot be held liable for events outside our control.

Our website is protected by SSL security certificates and is built considering all modern security standards, including the use of encryption and secure servers where possible. We will take reasonable steps to maintain the integrity and security of any personal data we have stored, including taking reasonable steps to prevent interference and loss, misuse, unauthorised access, modification or disclosure of such personal data.

Note that no information transmitted over the Internet can be guaranteed to be completely secure. While we will endeavour to protect your personal data as best as possible, we cannot guarantee the security of any information that you transmit to us or receive from us. The transmission and exchange of information is carried out at your own risk.

It is important that you protect your privacy by ensuring that no one obtains your personal data, and you must contact us directly if your details change. Should your information be erroneously provided to us or no longer remain valid within the constraints of this Privacy Policy we will securely destroy or de-identify it as soon as practicable, as long as it is lawful to do so.

We have obligations to notify you if you are affected by a data breach. We will take all reasonable precautions to take remedial action to prevent such an event. However, as we cannot guarantee that remedial action will be sufficient to prevent all instances of a breach, we will take steps to notify you of an eligible data breach as soon as practicable, and provide recommendations as to what steps you should take to mitigate any serious issues.

16.HOW LONG DO WE KEEP YOUR PERSONAL DATA

We are committed to regularly reviewing and updating our data retention periods to ensure compliance with legal requirements and best practices in data protection. Personal Data shall be processed and stored for as long as required by the purpose they have been collected for. We ensure that personal data is minimised to what is necessary during the retention period and securely deleted or anonymized when no longer needed.

Therefore:

• Personal Data collected for purposes related to the performance of a contract between us and you shall be retained until such contract has been fully performed.
• Personal data collected for the purposes of our legitimate interests shall be retained as long as needed to fulfill such purposes. You may find specific information regarding the legitimate interests pursued by us within the relevant sections of this document or by contacting us.

We will retain personal data for a longer period if we are required to do so by law or by an order from a legal authority. Exceptions to our standard retention periods may apply in cases of ongoing legal disputes, investigations, or other legitimate business needs that require extended retention. In such cases, we will retain the relevant data only for as long as necessary to fulfill these specific purposes. Once the retention period expires, personal data shall be automatically deleted through our data management system. The right of access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after expiration of the retention period.

17.YOUR RIGHTS ABOUT YOUR PERSONAL DATA

• You may exercise certain rights regarding their personal data which we process. In particular, you have the right to do the following:
• You have the right to withdraw consent where you have previously given your consent to the processing of your personal data.
• You have the right to object to the processing of your personal data if the processing is carried out on a legal basis other than consent.
• You have the right to learn if your personal data is being processed by us, obtain disclosure regarding certain aspects of the processing and obtain a copy of the personal data undergoing processing.
• You have the right to verify the accuracy of your personal data and ask for it to be updated or corrected.
• You have the right, under certain circumstances, to restrict the processing of your personal data. In this case, we will not process your personal data for any purpose other than storing it.
• You have the right, under certain circumstances, to obtain the erasure of your personal data from us.
• You have the right to lodge a complaint with the Office of the Australian Information Commissioner (OAIC).

18.LOG DATA

Whenever you use our website, or in a case of an error within the website, we collect data and information (through third party products) called Log Data. This Log Data may include information such as your device, Internet Protocol address, device name, operating system version, the configuration of the device when utilizing our website, the time and date of your use of our website and other statistics.

19.TRANSFER OUT

We may transfer data we receive about you, including all personal data, to our hosting service providers and data centres located overseas, subject to compliance with the Australian Privacy Principles, specifically APP 8 – Cross-border Disclosure of Personal Information. You acknowledge that such transfers may occur, and that any data that we transfer may be subject to laws, regulations, and standards that are different from those in your country. We will comply with all applicable data localisation requirements in the jurisdictions where we operate. Where required by law, certain data may be stored locally in your country of residence. We will take all reasonable steps to ensure that your data is treated securely and in accordance with this Privacy Policy. Transfers out of your country will be protected by appropriate safeguards, these include one or more of the following: the use of standard data protection clauses adopted or approved by the European Commission which you can obtain from the European Commission Website and European Union Data Protection Agreement.

We will notify you of any changes in the law that may affect our international data transfers. If such changes occur, we may need to implement additional safeguards or alter our data transfer practices to remain compliant with applicable laws and regulations. We will keep you informed of any significant changes that may impact the processing of your personal data.

You have the right to object to the international transfer of your personal data. If you wish to exercise this right, please contact us using the information provided in the "Contact Us" section of this Privacy Policy. We will consider your objection and, where possible, accommodate your request. However, please note that in some cases, we may need to transfer your data to provide our services effectively.

You acknowledge that personal data that you submit for publication through our website or products or services may be available, via the internet, around the world. We will take reasonable steps to prevent the use (or misuse) of such personal data by others.

20.CHANGES TO THIS PRIVACY POLICY

We reserve the right to modify or amend this Privacy Policy at any time. If we make any material changes, we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this website prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

If you object to any changes, you may cease using our website and/or our services. You acknowledge and agree that your continued use of our website means that the collection, use and sharing of your personal data is subject to the updated Privacy Policy.

21.COOKIES

Cookies are text files placed on your computer to collect standard Internet log information and visitor behaviour information. When you visit our website, we may collect information from you automatically through cookies or similar technology. While we do not use browsing information to identify you personally, we may record certain information about your use of our website, such as which pages you visit, the time and date of your visit and the internet protocol address assigned to your computer.

Insofar as those cookies are not strictly necessary for the provision of our website and services, we will ask you to consent to our use of cookies when you first visit our website. We may also use ‘cookies’ or other similar tracking technologies on our website that help us track your website usage and remember your preferences. Cookies are small files that store information on your computer, TV, mobile phone or other device. They enable the entity that put the cookie on your device to recognise you across different websites, services, devices and/or browsing sessions. You can disable cookies through your internet browser but our websites may not work as intended for you if you do so.

Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.

22.COOKIES THAT WE MAY USE

We use cookies for the following purposes:

• authentication and status - we use cookies to identify you when you visit our website and as you navigate our website, and to determine if you are logged into the website;
• personalisation - we use cookies to store information about your preferences and to personalise the website for you;
• security - we use cookies s an element of the security measures used to protect user accounts, including preventing fraudulent use of login credentials, and to protect our website and services generally;
• analysis - we use cookies to help us to analyse the use and performance of our website and services; and
• cookie consent - we use cookies to store your preferences in relation to the use of cookies more generally.

23.COOKIES USED BY OUR SERVICE PROVIDERS

Our service providers use cookies and those cookies may be stored on your computer when you visit our website.

24.MANAGING COOKIES

Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:

• https://support.google.com/chrome/answer/95647 (Chrome);
• https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences (Firefox);
• https://help.opera.com/en/latest/security-and-privacy/ (Opera);
• https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer);
• https://support.apple.com/en-gb/guide/safari/manage-cookies-and-website-data-sfri11471/mac (Safari); and
• https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy (Edge).

Blocking all cookies will have a negative impact upon the usability of many websites. If you block cookies, you will not be able to use all the features on our website.

You have the following rights under the Australian Privacy Act:

• to be informed how your personal data is being used;
• access your personal data (we will provide you with a free copy of it);
• to correct your personal data if it is inaccurate or incomplete;
• to delete your personal data;
• to restrict processing of your personal data;
• to retain and reuse your personal data for your own purposes; and
• to object to your personal data being used.

We may ask you to verify your identity before acting on any of your requests. We will not charge a fee for the exercise of your rights under the Australian Privacy Act. However, we may charge a reasonable fee if your request involves a significant amount of work. Unless permitted by the Australian Privacy Act, we will not refuse to comply with your request.

25.ENQUIRIES, REQUESTS & COMPLAINTS

Enquiries regarding this Privacy Policy or the personal data we may hold on you, should be addressed to team@gaysaustralia.com.

If you think your personal data, held by us, may have been compromised in any way or you have any other Privacy related complaints or issues, you should also raise the matter by emailingteam@gaysaustralia.com.

We will ensure your claims are investigated and a formal response will be provided to you, within a reasonable time, considering the circumstances of your claims. If any corrective action is determined to be required, as a result of that investigation, we will take all reasonable steps to rectify the situation and advise you of such, again within a reasonable time considering the circumstances.

If we do not resolve your enquiry, concern or complaint to your satisfaction or you require further information in relation to any privacy matters, please contact the Privacy Commissioner Australia, whose contact details are below.

Office of the Australian information Commission

Telephone 1300 363 992

Email enquiries@oaic.gov.au

Office Address Level 3, 175 Pitt Street, Sydney NSW 2000

Postal Address GPO Box 5218, Sydney NSW 2001

Website www.oaic.gov.au

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