Privacy Policy

Scope of Victory Up privacy policy.

1. Our Privacy policy encompasses our Victory Up brand including
   1. Our website www.Victory-Up.com, online products and services
   2. All properties of Victory Up.
   3. All events held by or sponsored by Victory Up limited
2. This Privacy Policy does not apply to third party websites. These websites may have their own privacy policies and Victory Up is not responsible for the privacy and security of your information once you are using these third-party websites.
3. You may be directed to a site that is operated by a vendor or partner. The vendor or partner may have their own privacy policy, which you must adhere by once you reach their site.
4. If a link exists from our website to another website, you must adhere by the latter websites terms and conditions and privacy policy as well. In a case where you find yourself using multiple websites to complete a task, then all privacy policies from each webpage must apply.
5. A different privacy policy is used to hire staff for Victory Up, which is governed by its own terms and conditions and privacy policy.
   

Information We Collect and How We Use It

The information we gather for Victory Up Limited, is used to help in the operation of our properties and to develop our product or brand. Victory Up is based in New Zealand but operates in Australia as well. New Zealand is considered a country which provides adequate protections for Personal Information, as confirmed by the European Commission in Commission Decision 2013/65/EU.

Our website. www.Victory-Up.com

1. User sign up
   1. Upon sign up, we ask users for their first and last names, date of birth, age, email address, Country of residence and preferred platform for gaming.
   2. A public profile is also created for your account. This public profile will show your username and when you created your Victory Up account.
   3. When you share your profile and publicly share certain Information, such as your name, age, date of birth, gender, online contact information, third party account information, you do so knowingly that others from the Victory up community and online gaming community will have access to this information.
   4. If you choose to link certain third-party accounts to your Victory Up membership account (Xbox gamertag, PSN or Steam account), then you do so knowingly and that your name and third-party account will be shared throughout the community.
2. Cookies
   At this stage, there are no cookies or cookie data gathered by our website www.Victory-up.com. Third party websites may have cookies and you must read through that websites own cookie policy and adhere to that sites cookie policy.
3. IP data
   For IP addresses we store on the following,
   1. A user last logged in IP address
   2. On all contact form submission
   3. The IP address when placing an order i.e. purchase membership, popup account credit
   4. The IP address when a payment is allocated to an order.
   5. The IP address on a chat message.
   None of these get used for any functionality, the only one that’s viewable are the submission forms and that’s mainly for just checking where spam enquires are coming from. The others allow us, in the case of a bug or issue on the site, to check the server access logs and, to a limit, can see what pages the user went on to help better find the cause of what went wrong.
4. Products or Services Online
   1. Victory Up does not collect any credit card and/or billing information when you purchase products or services online, or when you participate in certain services. However, you may be required to provide credit card and/or billing information to one of our third-party vendors in order to complete a purchase or receive a prize. We encourage you to review the privacy policy of our third-party vendors before providing them with your personal information, as their privacy practices may vary from ours. 

Age and parental control

1. Victory Up service is intended for users who are 13 years of age or older. Any registration by, use of or access to the service by anyone under 13 years of age requires permission from a parent or legal guardian, who must read these Terms and Conditions and Privacy Policy and agree to be bound by them, on behalf of their minor child consent from their Parent or Guardian.
2. Victory Up reserves the right to confirm that such permission has been granted and to close or restrict any Accounts until Victory Up is satisfied that a parent or legal guardian has read the Terms and Conditions and agrees to allow their minor child to hold an account.
3. Victory Up recommends that parents and guardians familiarize themselves with parental controls available on devices they provide to their child and accompany their child if aged under 13 years of age when online.
4. If we discover that a person under 13 is using the Service without parental or legal guardian consent, we will delete any Personal Information provided.

Social Media

1. You may find yourself interacting with Victory Up properties through social networking sites. When you interact with Victory Up, or Victory Up properties, through Social Media you acknowledge that we may access your Information, including your public profile information, in accordance with your Social Media privacy settings.
   We may use this information to:
   1. Create your Victory Up account, or to link your social media account to your Victory Up account
   2. personalize your online experience with us both on the website and to help promote the user on our other Victory up properties
   3. To give prizes and exclusive content through your social media or similar platfor
   4. contact you for marketing purposes and to deliver offers and news about Victory Up limited
2. When you post personal information publicly through our website or other Victory Up properties, this information is viewable to our users. When posting publicly on Social Media sites or chat rooms, that information will be viewable by other users of these sites and we cannot prevent further use of the personal information by third parties. We have no control over the information, or data you have posted publicly, on these social media platforms. Please refer to your social media or third-party platforms terms and conditions and policies regarding your information and security.
3. Chat rooms, Message Boards and Forums. Victory Up makes chat rooms or other community tools available to you. We use information from these community tools to help with research and development. When posting or writing on the community tools, remember this information is public and may be used by us and other parties.

In-Site Messaging system.

1. Victory Up messaging system is controlled and monitored by Victory Up administration. It is an internal system with no third parties involved
2. Messages between users of the website are not public, unless the user themselves displays the contents of the messages on a public platform
3. While not public, Victory Up holds the rights to monitor the messaging system and make sure users are abiding by the Code of Conduct and Terms and Conditions
4. Users written messages will never be made available to the public by Victory Up Limited
5. Victory Up may use information from the messaging service to determine results of tournaments or settle disputes between users, but this will be done in a private setting.

Security

1. Victory Up takes a range of security measures designed to protect your personal information and keep it confidential.
   1. We have an SSL certificate installed on the website to encrypt and secure all communications between the user and server. https://www.ssls.com/
   2. Name of Certificate - Comodo Positive SSL.
   3. We also take steps to ensure that the personal information collected is protected from misuse and alteration. In addition, we request vendors who process personal information on our behalf to themselves take a range of security measures designed to help protect your personal information
      
   4. New Zealand is considered a country which provides adequate protections for Personal Information, as confirmed by the European Commission in Commission Decision 2013/65/EU.

Sharing Information

Victory Up may share information with/for the following:

1. with vendors and partners engaged by Victory Up, in order to provide you with goods or services you have requested, or online advertising selected by us.
2. with third parties when offering certain promotions, events, tournaments or other goods or services jointly or on behalf of such third parties
3. if required to do so by applicable law, regulation or legal process
4. the right to exercise, establish or defend our legal rights
5. if necessary, to protect the rights, property or safety of any person
6. in connection with the sale of our business or assets.

1. Vendors
   1. Vendors use your Information to execute, deliver and/or from time to time improve the services they provide. We do not share Information with vendors to use for their own direct marketing purposes or any other purpose other than those set out in this section without your consent.
   2. Vendors we may use: Media partner, event ticket provider, billing, consumer services support, consultancy, information technology hardware and software.
2. Third Parties
   We may share your information with third parties that perform services for us or on our behalf, including payment processing, data analysis, email delivery, hosting services, customer service, and marketing assistance.
   1. We may have to provide third parties with information in order to provide goods and/or services you have requested.
   2. Victory Up may offer goods and/or services jointly with, on behalf of, a third party. These goods and/or services may be hosted on the Properties or on the third party’s service. By virtue of these relationships, we may share the Information you submit in connection with these goods and/or services with the third party. Victory Up is not responsible for the privacy practices of third parties, which may use your Information for their own purposes.
   3. The third party’s use of your Information will be governed by that third party’s privacy policy. If you do not want your information shared, you can choose not to allow the transfer of information by not using that service or by not providing any information at that time.
3. Law
   1. We will disclose your information if we are required to do so by law, including but not limited to disclosure to law enforcement or other government officials in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose you or us to legal liability.
   2. This may include responding to legal requests from jurisdictions outside of the Australia and New Zealand. Some third-party properties are governed from other countries, who have their own laws which need to be followed.
   3. We will disclose your Information where necessary for the purpose of exercising, establishing or defending our legal rights.  We will review your communications and other account information in order to investigate allegations of hacking or any other breach or alleged breach of any applicable Terms of Service or this Privacy Policy and disclose your personal information, including communications, to our legal advisors, consultants and law enforcement or other government officials.
   4. We disclose your Information with third parties where we believe this is necessary to protect the rights, property or safety of any person. For example, we disclose Information relating to an online account if we in good faith believe the user of that account is using it in ways that are harmful to others.
      
4. Change of owner of Property
   1. In the event of a merger, acquisition, reorganization, bankruptcy, or other similar event, Victory Up’s customer information may be transferred to our successor or relevant party who takes control of property.

Accessing Information and Retention Period

1. You can view, correct update or request the deletion of your personal information in any of your Victory Up accounts, at any time. You have the right to view, correct, update, or request the deletion of your personal information
   1. If you wish to view, correct, or update personal information collected about you, visit www.victory-up.com and access your profile. Here you can change/ edit your profile. You will need a password to access the account you created
   2. In certain circumstances, you can request that we transfer personal information that you have provided to us.
   3. If you wish to delete your account and the information we hold, email the administration [email protected], and inform them you wish to delete your account and delete any information we store on you.
   4. As an exception, we will not delete your personal information where we still have a legitimate interest to use your personal information. An example would be:
      1. may still retain your Information to resolve disputes,
      2. enforce our Terms of Service or other user agreements,
      3. comply with legal requirements; in this case, your personal information will be blocked from use for any other purpose.
   5. Retention Period. We will not retain or use your personal information longer than necessary for the purposes outlined in this Privacy Policy. Due to technical reasons, residual copies of Information that has been removed from your account and/or the Properties may remain in our backup system. This residual data is in the background only and cannot be accessed by any data base.

Legal Basis for Processing Your Personal Information

We only process your personal information where we can rely on legal grounds to do so. We process your personal information for the purposes set out below.

1. Performance of the Services
   We process your personal information for the performance of our services, to provide or support of our products, or for any other feature you request or enable. This includes using your personal information to:
   1. administer your Victory Up account
   2. to provide you with requested customer service or technical support;
   3. provide contests or promotions in which you have enrolled; 
   4. support functionality of the Properties
2. Consent
   We process your personal information based on your consent. This includes, for example, providing; newsletters, direct e-mails and surveys about our Properties; and for commercial purposes on behalf of our partners; to detect whether you are a previously banned user or determine whether you are a hacker; to sell or market Victory Up products and services to you; and to comply with a legal or regulatory obligation.
3. Legitimate Interest
   We process your personal information where we have a legitimate interest to do so. This includes, for example, processing:
   1. to provide you with requested services (e.g. Online tournaments)
   2. to debug and improve our current and future Properties;
   3. in order to give you exclusive content, personalize your online experience with us and contact you in accordance with applicable marketing preferences; and
   4. for the establishment, exercise or defence of legal claims or whenever courts are acting in their judicial capacity.
4. Legal Obligation
   We process your personal information for compliance with a legal obligation to which we are subject.

The Law of Nations

New Zealand Laws

1. The Privacy Act 1993.
2. The Privacy Bill

Australian Laws

1. The federal Privacy Act 1988
   1. Australian privacy laws
   2. The collection of a data subject’s personal information must be necessary for one or more of an organization’s functions.
   3. Personal information must be collected “only by lawful and fair means and not in an unreasonably intrusive way.”[27]
   4. An organization must “take reasonable steps” to ensure that a data subject whose personal information is collected is aware of “the identity of the organization and how to contact it; the fact that he or she is able to gain access to the information; the purposes for which the information is collected”; the organizations (or types of organizations) to which information could be disclosed; any law that requires the information to be collected; and the consequences to the individual if all or part of the information is not collected.[28]
   5. Unless certain criteria apply, an organization must not use or disclose a data subject’s personal information for a purpose other than the primary purpose of collection.
   6. An organization “must take reasonable steps to make sure that the personal information it collects, uses or discloses is accurate, complete and up-to-date”[29] and must protect it from misuse, loss, and unauthorized access, modification, or disclosure.
   7. If personal information is no longer needed for the purpose for which it was collected, an organization must take reasonable steps to destroy or “permanently de-identify” that information.[30]