Preface

• VTech Electronics (Australia) Pty Ltd ACN 600 605 329 of Level 6, 22 Albert Road, South Melbourne, Victoria Australia 3205 (“VTech”, “we”, “us” or “our”) is committed to protecting the privacy of users' personal information in accordance with the Privacy Act 1988 (Cth) in Australia (“Privacy Act”) and the New Zealand Privacy Act 2020 (“NZ Privacy Act”) in respect of:



• (a) our website at www.vtech.com.au, including our features and content on the website and that of our affiliates on the website (“Website”);


• (b) any digital software applications and/or platforms made available to you via mobile telecommunications platforms and/or through social networking platforms or app stores and that we have linked to this Privacy Policy, including Learning Lodge, Kid Connect/Kidi Connect (“KC”), and the LeapFrog Connect platform, LeapFrog Academy (“VTech Software”);


• (c) any VTech Software compatible electronics learning products of the VTech brand or LeapFrog brand that we have linked to this Privacy Policy (“VTech Hardware Products”); and


• (d) any support services or information provided on or in connection with the abovementioned Website, VTech Software or VTech Hardware Products (“VTech Support”).

To help us achieve our goal of providing the highest quality products and services, we use information from our interaction with you and other customers. We attach considerable importance to protecting your privacy and the personal information supplied to us by you. We respect your privacy and have procedures in place to ensure that your personal information is handled in an appropriate and lawful manner.

This privacy policy (“Privacy Policy”), together with such other terms presented to you in relation to your use of the Website, Learning Lodge, KC, VTech Software, VTech Hardware Products or VTech Support (referred to collectively as the “VTech Services”), explains how personal information is collected, used or disclosed by VTech (on behalf of itself and its group companies (together the “VTech Group” and each a “VTech Group Company”)) in connection with the VTech Services. This Privacy Policy applies to your use, and your children’s or guardians’ use, of those services.

This Privacy Policy also governs your use, and your children’s or guardians’ use, of our Website and VTech Software. If you do not agree to this Privacy Policy, our Terms and Conditions of Website Use, and/or all terms related to our VTech Software, as applicable, then please refrain from using our Website and VTech Software and prevent your children/guardians from using our Website and VTech Software.

May this Privacy Policy be updated or altered?

This Privacy Policy may be updated, altered or changed from time to time. We therefore advise you to regularly read the Privacy Policy on our Website for any changes. If the law so requires, we will also notify you in other ways from time to time about our handling of your personal information.

What is VTech?

The VTech Group is a multi-national organisation with legal entities, business processes, management structures and technical systems that cross borders. The company in the VTech Group that is responsible for collecting, using, holding and disclosing your personal information on or in relation to the VTech Services in Australia and New Zealand is:

Does VTech collect, use or disclose personal information of children (individuals under the age of 18)?

For those VTech Software, VTech Hardware Products and services are mainly developed to be used by children, consequently VTech will indeed collect, use and disclose personal information of children, though VTech endeavours not to collect, use or disclose children’s personal information without a parent or guardian’s prior acknowledgement.

A special note to children:

If you are under 18 and would like to access or use certain parts of the VTech Services, you must get your parent’s or guardian’s permission before providing us with any of your personal information, including but not limited to providing any game play result, text message, photo message and voice message when using VTech Services.

Therefore, please ask your parent or guardian for guidance when using any of the VTech Services. Your parent or guardian needs to know that use of our VTech Services may result in your personal information being transferred to, and used and disclosed in, countries where laws may not provide your personal information with the same level of protection as Australia or New Zealand. Children whose parent or guardian does not consent to this possibility must not provide us with their personal information and cease to use Vtech Services.

A special note for parents and/or guardians.

We want you and your family to have fun surfing our Website and using our VTech Services. We urge you and your family to follow common sense whenever disclosing personal information on our Website, via other VTech Services or anywhere else on the internet.

How do we obtain your personal information?

VTech’s operations include granting licenses for end-users to install and use e-books, games and related downloadable software. For these purposes, we may collect personal information from you in the following ways:

1. Information you provide to us - In order to purchase and/or use the downloadable products provided by VTech through Learning Lodge, KC, the Website or other VTech Software, you need to register an account online. Using your email address and a password of your choice, you may access your account online at any time to add, delete or change some of the information retained in your account. The alternative to having a registered account is being a ”non-registered user”. As a non-registered user, you do not have the benefit of ordering VTech’s downloadable products via the internet. We receive and store any information you transmit to us during registration. Do not submit information which you do not want VTech to access. Please note, however, that if you do not submit the information required for registration, you may not be granted permission to use certain VTech Services and/or to download VTech Software. For example, the use of VTech Services means that we may need to collect, use, disclose and store certain information to allow you or your child or ward to send text messages, voice messages, or photographs via VTech Services.


2. Data collected automatically - We may use certain tools that allow us to collect, store and analyse information about your use of our Website and our other VTech Services each time you access any of our VTech Services.

Types of information that we do not generally collect

1. Sensitive information - Unless actively provided by you, we do not request and will not actively collect sensitive information as defined in the Privacy Act, or similar information subject to the NZ Privacy Act. This includes information concerning a person’s religion or philosophical beliefs, race or ethnicity, political persuasion, health information, sexual orientation and practices or trade union membership.


2. Bank account details - VTech does not collect, use or store bank account details. Payments will be processed by third parties on behalf of VTech, so VTech itself will not collect or use payment details (such as credit card numbers or PayPal data). To complete a payment transaction within the VTech Services, users will be directed to third party websites. VTech does not own, control or operate such sites, and is not responsible for the privacy policies or practices of such sites. The personal information you choose to provide to, or that is collected by, these third parties (such as credit card or PayPal information) is not covered by this Privacy Policy. Privacy policies and practices for such linked sites may differ from our privacy policy and practices. We urge you to read the privacy policies of such linked sites before disclosing your personal information on such sites.

With whom may we share personal information?

VTech may share and/or disclose personal information with other recipients, including to be able to provide the VTech Services or conduct our business operations as described in this Privacy Policy. When we share personal information, we will endeavour to do so in accordance with data privacy and security requirements. We may occasionally share non-personal, anonymized, and statistical data with third parties. Below are some examples of the types of recipients with whom we may share personal information, as well as the reasons we may do this. Your personal information may be passed on to:

Businesses and functions within the VTech Group: Our businesses around the world are supported by a variety of VTech teams and functions, and personal information will be made available to them if necessary for our business operations, such as for the provision of the VTech Services, account administration, sales and marketing, customer and technical support, and business and product development. Our employees and contractors are required to follow our data privacy and security policies when handling personal information. The locations in which your personal information may be stored in or disclosed to include Hong Kong, China, the United States of America, or other countries that we notify you of or which VTech Group companies are located in (as set out on our website from time to time).

Our third-party service providers: We partner with, and are supported by, service providers around the world. Personal information may be made available to these parties only when necessary to fulfil the services they provide to us, such as software, system, and platform support; direct marketing services; cloud hosting services; advertising; data analytics; and order fulfilment and delivery. Our third-party service providers are not permitted to share or use personal information we make available to them for any other purpose than to provide services to us.

Third parties for legal reasons: We will share personal information with third parties as required by law or for necessary legal purposes. This includes, but is not limited to the following situations:

• For compliance with legal obligations when required by government agencies, including law enforcement and other public authorities. This may include such authorities outside Australia and New Zealand.
• We may share personal information with legal advisers pursuant to requesting legal advisers to provide us with legal advice for any reason, or when instructing legal advisers for any reason, including in contemplation of litigation or in the course of actual litigation.
• In the event of a merger, sale, restructure, acquisition, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceedings). In such event, we will exercise our best endeavours to maintain the protection of your personal information.



Due to the unpredictable nature of these requests (which VTech cannot anticipate at this time), it is not reasonably practicable for VTech to specify the overseas countries to which any personal information may be required to be disclosed to in the circumstances set out above.




How does VTech use and disclose your personal information?




This section addresses the purposes for which VTech may use and disclose your personal information. Specifically, we outline:



1. what personal information VTech handles, and for which specific purpose; and
2. with whom your personal information is being shared.



This information is grouped by type of data stream. Please note that some categories listed may also include personal information of children.




Sales, customer management and financial administration




Purpose: To complete the sales transaction of VTech Software and/or Hardware Products, including Website sales (e-commerce)

Personal information: First name, Last name, Home address, E-mail address, Telephone number, Account number, Client ID, Login Data, Connection data, Order number, Products purchased.

Third Party recipients: VTech Electronics Limited, LeapFrog Enterprises, Inc., web agency, hosting provider.




Purpose: Handling complaints, after sales

Personal information: Name, E-mail address, Telephone number, Order number, Content of the complaint, Order and/or Payment status, Copy of bank statement Basis: performance of a contract, legal obligation

Third Party recipients: VTech Electronics Limited, LeapFrog Enterprises, Inc., call center, web agency and hosting provider, recycling service.




Purpose: Financial administration and invoicing

Personal information: Customer name, Invoice address, payment record , GST details , Telephone number, E-mail address

Third Party recipients: bank and payment gateway and auditor




Purpose: Customer Relationship Management (CRM)

Personal information: Name, User name, E-mail address, Location, Order history, Social media, Browser, OS, User ID, Phone number, Year of Birth, Delivery date & notion of connected device

Third Party recipients: VTech Electronics Limited, LeapFrog Enterprises, Inc., outsourced CRM platform




Purpose: Services and order fulfilment

Personal information: Name and address details, E-mail address, personal information required to provide the service, personal information generated during the service, ID card or passport copy

Third Party recipients: VTech Electronics Limited, LeapFrog Enterprises, Inc., logistic services provider




Marketing




Purpose: Direct marketing

Personal information: Name, address, E-mail address, country, language, Year of Birth for child, Delivery date & notion of connected device, opt-in (yes/no)

Third Party recipients: VTech Electronics Limited, LeapFrog Enterprises, Inc., direct marketing agency.

Purpose: Loyalty program

Personal information: User ID / Username, E-mail address, Order History, Name, address, year of birth, Delivery date

Third Party recipients: VTech Electronics Limited, LeapFrog Enterprises, Inc.




Management of VTech Software and Websites




Purpose: Platform analytics and monitoring

Personal information: Technical and statistical data meaning the IP address, time of visit, user agent string, browser type, monitor size, surfing behaviour, browser type and language, IP address of the computer issuing the request, location, date and time of access, name and URL of the requested file, the website through which access is granted (referrer URL), the operating system of the computer issuing the request and access provider information

Third Party recipients: VTech Electronics Limited, LeapFrog Enterprises, Inc., analytics service providers

Purpose: Offer an account to use a VTech Service and the management of said accounts

Personal information: Name, Country, E-mail address, Username, Login data, Profile picture, Year of birth.

Third Party access: VTech Electronics Limited, LeapFrog Enterprises, Inc., hosting provider




Purpose: Chat function offered within VTech Services

Personal information: User ID, E-mail address, Name, Content of the chat message (text, photo, voice message) Chat log history, Chat analytics (time of chat, counters, participants, result, active/non-active times, etc.)

Third Party recipients: VTech Electronics Limited, hosting provider




Security and fraud prevention




Purpose: Identity verification and data security

Personal information: Email address, Name, User ID, Password, Passport, ID card

Third Party access: VTech Electronics Limited, LeapFrog Enterprises, Inc.




Research & Development relating to VTech Services




Purpose: Market research

Personal information: Age, Gender, Surfing behaviour

Third Party recipients: VTech Electronics Limited, LeapFrog Enterprises, Inc.




Mail functionality




Purpose: Sending emails

Personal information: Name, E-mail address, personal information required to provide the service, personal information generated during the service

Third Party recipients: email services agency




What are your other rights and our other obligations in relation to your personal information?




Under the Privacy Act and the NZ Privacy Act, you have a number of rights regarding our handling of your personal information. We also have some other obligations in relation to your personal information under these laws. These include:




Right to know




We will take reasonable steps to let you know why your personal information is being collected, how it will be used and to whom it will be disclosed. We will generally do this by providing you with a privacy notice when we collect your personal information.




Right to anonymity




You have the option of not identifying yourself, or of using a pseudonym, and you may choose not to provide your personal information when you deal with us. In certain circumstances, it may not be practicable for us to deal with you if you do not identify yourself or provide us your personal information.




Right of access to your personal information




You have the right to request a copy of the personal information that we hold about you under the Privacy Act in Australia and the right to access your personal information under the NZ Privacy Act.




Right to rectification of your personal information




You may request that we correct any personal information that we hold about you which is inaccurate, out-of-date, incomplete, irrelevant or misleading.




Right to opt-out of marketing




We will only send you direct marketing communications (including by email and text message) if you have consented to this.




You may request that we stop sending you direct marketing by using the unsubscribe feature in any direct marketing communication that we send to you.




Exercising your rights and making requests regarding your personal information




Any request regarding your personal information can be sent to enquiriestoys_aunz@vtech.com




VTech will respond to your request as soon as possible and in any case no later than one (1) month after VTech has received such a request. If VTech rejects your request, we will indicate in our reply why the request is rejected.




How does VTech hold and secure your personal information?




We hold and your personal information in either electronic or paper form. We use technical and administrative security measures to protect your personal information that we hold against accidental or deliberate manipulation, partial or complete loss, destruction, or unauthorised third-party access. Our security measures are being continuously improved in accordance with technological developments. This includes, but is not limited to:




Policies and procedures



• We have measures in place to protect against accidental loss and unauthorized access, use, destruction, or disclosure of data
• We place appropriate restrictions on access to personal information
• We implement appropriate measures and controls, including monitoring and physical measures, to store and transfer data securely
• We conduct periodic Privacy Impact Assessments in accordance with legal requirements and our business policies
• We require privacy, information security, and other applicable training on a regular basis for our employees who have access to personal information and other sensitive data
• We ensure that our employees and contractors operate in accordance with our information security policies and procedures and as well as any applicable contractual conditions



Does VTech transfer your personal information outside Australia or New Zealand?




For technical, operational and other reasons, it may be necessary for your personal information to be transferred to companies affiliated with VTech outside Australia and New Zealand and to third parties. VTech will endeavour to require that these third parties protect personal information that is transferred to them.




Does VTech transfer your personal information outside Australia?




For (for example) technical and operational reasons, it may be necessary for your personal information to be transferred to companies affiliated with VTech outside Australia. Noting that the privacy protection regulations abroad may not provide the same protection as within Australia , VTech will endeavour to protect personal information that is transferred abroad.




How does VTech handle children’s personal information?




We encourage parents and guardians to spend time with their children using the VTech Services and to be familiar with the different features the VTech Services offer. The Website and Learning Lodge are not directed at children under the age of 18. If you are under the age of 18, you should review the Privacy Policy with your parent/guardian to make sure you and your parent/guardian understand it. We take measures to protect children’s personal information. Parents and guardians should take steps to strictly control the personal information their children or wards provide to VTech Services.




What are cookies and how does VTech use them?




Cookies are small pieces of (text) information that are sent to your browser when you visit VTech´s Website. Cookies are then saved on the hard disk or in the memory of your computer, tablet or mobile phone (“Device”).




When we talk about 'cookies', we mean not only these small pieces of (text) information, but also other data collections tools that allow us to monitor the use of some of the VTech Services, such as our Website, including device fingerprinting and “pixel tags”(also known as “tracking pixels” or “web beacons”) which are small graphic files. If you do not wish to receive cookies, you can set your internet browser so that your Device does not allow cookies to be created.




The cookies that are placed on your Device via VTech’s Website cannot damage your Device or the files stored on it.




Where can you go with complaints and questions?




Please contact us at enquiriestoys_aunz@vtech.com with any complaints or questions about this Privacy Policy or how we handle your personal information. We will do our utmost to resolve the matter for you within a reasonable time frame. If you consider we have mishandled your personal information, please complain to us directly in the first instance. We will promptly consider your complaint and respond to you within a reasonable time. If, despite our efforts, you feel that your complaint is not addressed to your satisfaction, please note that you may lodge a complaint with the Office of the Australian Information Commissioner (if you are in Australia) or the Office of the Privacy Commissioner (if you are in New Zealand).




You can find contact details for the Office of the Australian Information Commissioner at www.oaic.gov.au/contact-us and for the Office of the Privacy Commissioner in New Zealand at www.privacy.org.nz/about-us/contact-us/.