Privacy Policy

1. Background

At N3V, we recognise the importance of protecting your privacy. We take privacy seriously. We attach great importance to safeguarding customer personal information. We are a global business. Our Privacy Policy outlines the commitment of N3V Games Pty Ltd (ACN 118 743 534) (“N3V” or “we”, “us” or “our”) to protect the privacy of our customers’ personal information and other personal information we receive in the conduct of our business. We hope that you take the time to read our Privacy Policy.

We comply with all relevant privacy laws, including the requirements applicable to us under the Australian Privacy Act 1988 (Privacy Act) and relevant Australian State laws and various jurisdiction-specific privacy laws that apply to us.

2. Our Privacy Policy

Our Privacy Policy sets out how we look after personal information. It explains the kinds of personal information we collect and why we collect it. It also describes how we hold, use, and disclose personal information.

This Privacy Policy applies to all our customers regardless of where you are located.

This Privacy Policy applies to our websites. This Privacy Policy does not apply to websites that we do not operate, such as linked third party websites. Those website owners are responsible for the privacy of the information they collect and should be contacted directly for details of their privacy policies. If we refer you to a third-party website, we are not making any representations to you regarding the privacy or security of your Personal Information when collected or held by the other website. The privacy practices applicable to other websites may differ substantially from ours. You should read the privacy policy of any other websites you visit before using them. We do not accept responsibility for the content or practices of websites operated by third parties that are linked from our websites.

This Privacy Policy also applies to job applicants.

By using our websites, or by providing personal information to us, you agree to the terms of our Privacy Policy. If you open a MyTrainz Account or sign up a Trainz newsletter, you agree to the terms of our Privacy Policy as part of the account opening or sign-up process. When you agree to the terms of our Privacy Policy, you consent to the collection, use, storage and disclosure of that information as described in our Privacy Policy. You have a right to withdraw your consent at any time and may do so by contacting us via the details provided below.

We need to know certain information about our customers to authenticate who owns which products, who has access to various services such as the Trainz Download Station, and who would like to hear from us about the latest news and new products and services. Wherever possible, we maintain the anonymity of our users.

3. Things we don’t do with personal information

We do not sell or share personal information about you with anyone outside of N3V unless we are required to do so to provide a service to you that you have requested (such as ordering a product in our store) or if required by law or if we sell our business or part of our business.

4. Controlling your personal information

You can log in to MyTrainz.com and update your MyTrainz user profile at any time, including updating your email address, your name, and your newsletter preferences. You can also request a copy of the personal data that we have stored by contacting us as set out below. We will endeavour to reply to your request within 10 business days.

5. What personal information do we collect?

We collect personal information in the provision of our products and services, including the marketing of our products and services. We collect personal information so that we can provide products, services and information to you.

We collect information about you when you access and use our websites. The types of information we collect will depend on the type of product or service requested by you.

We also collect information where we are required to do so by law.

The types of personal information we collect depends on the circumstances in which the information is collected. The types of personal information we collect relating to our customers and visitors to our websites may include:

Communication Data that includes any communication that you send to us whether that be through the contact form on our website, through email, text, social media messaging, social media posting or any other communication that you send us. We process this data for the purposes of communicating with you, for record keeping and for the establishment, pursuance or defense of legal claims. Our lawful ground for this processing is our legitimate interests which in this case are to reply to communications sent to us, to keep records and to establish, pursue or defend legal claims.
Customer Data that includes data relating to any purchases of goods and services such as your name, title, billing address, delivery address, email address, contact details and purchase details. We do not record your credit card details. We process this data to supply the goods and services you have purchased and to keep records of such transactions. Our lawful ground for this processing is the performance of a contract between you and us or taking steps at your request to enter into such a contract.
User Data that includes data about how you use our website and any online services together with any data that you post for publication on our website or through other online services. We process this data to operate our website and ensure relevant content is provided to you, to ensure the security of our website, to maintain back-ups of our website and databases and to enable publication and administration of our website, other online services and business. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our website and our business.
Technical Data that includes data about your use of our website and online services such as your IP address, your login data, details about your browser, length of visit to pages on our website, page views and navigation paths, details about the number of times you use our website, time zone settings and other technology on the devices you use to access our website. The source of this data is from our analytics tracking system. We process this data to analyze your use of our website and other online services, to administer and protect our business and website, to deliver relevant content and advertisements to you and to understand the effectiveness of our advertising. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our website and our business and to grow our business and to decide our marketing strategy.
Device Data that includes information about your computer device upon which you install and run any of our applications, and includes the unique Device identifier, operating system, hardware components, Trainz software version number, and Trainz payware asset resource ID and usage. When you access our software via a 3rd party store such as Steam or Mac App Store, we use the unique Device identifier and MyTrainz account username to reference against payware purchases made through those stores, through our own Trainz store and for purchases within our games.
Marketing Data that includes data about your preferences in receiving marketing from us and our third parties and your communication preferences. We process this data to enable you to partake in our promotions such as competitions, prize draws and free giveaways, to deliver relevant newsletters, website content and advertisements to you and measure or understand the effectiveness of this advertising. Our lawful ground for this processing is our legitimate interests which in this case are to study how customers use our products/services, to develop them, to grow our business and to decide our marketing strategy.

If you are a customer or visitor to our websites, we may collect the following information about you:

Your name
Your address
Other contact details for you, such as your email address
Details of the products you purchase
Any information provided to us when you open a MyTrainz Account
Information that you include in your Trainz online profile or your profile for the Trainz Forum, which may include your location, gender and date of birth if you decide to provide that to us
Information regarding your use of our products
How we make payments to you
Information regarding your use of our websites including searches you undertake on our websites and information that you provide to us via our websites (for example if you use a forum, feedback/rating tool, online survey or other tool or input form on our websites)
Information about your use of our social media content
Records of communications and dealings with you, such as emails, SMS, telephone, live chat and in-person communications
Location information
Information we may collect as part of a survey, customer feedback request or a competition
Information that you provide to us, for example, when completing an application or as evidence in respect of a complaint
Information that we derive from the information that we hold about you, such as derived demographic information
If you apply to work for us: Your resume, information about your past work and study, references and police background checks.

We do not collect or hold credit card or payment information. Your payments to us are handled by a payment gateway provider who have their own privacy and security practices.

We collect information about people who are our suppliers, business customers and business partners, or who are employed by our suppliers, business customers and business partners. The information we collect is that which we need to do business with that party. For example, if you are an employee of a supplier or business customer, we may collect information about who you work for, the location where you work, your position or job title, and employer contact details.

We collect information about people who visit our offices and attend our events. This may include photographs and video, and your signature when you sign in.

We may record and monitor telephone calls and other communications between you and us for training, quality control, verification and compliance purposes.

When you communicate with us, we may collect additional information including the languages you speak and how best to manage communications with you.

6. Sensitive Information

We do not seek to collect sensitive information. Sensitive information includes information about your health, racial or ethnic origin, religious beliefs and criminal record. (Sensitive information or sensitive personal information is defined in section 6 of the Australian Privacy Act 1988 and in Article 9 of the GDPR.) If we do have to collect sensitive information, we will do so in accordance with all relevant laws — for example, we will only collect sensitive information about you with your consent and where it is reasonably necessary for us to do so, or if we are otherwise allowed or required by law to collect that information. If you provide us with sensitive information, we will consider that you have consented to us collecting it.

7. Additional information regarding collection when using our websites or communications

When using our websites, we and our technology partners may collect information about how you use our websites. Where possible, we do not associate this information with an identifiable person. We may collect information such as:

your use of the website, such as pages visited, links clicked, text entered, and mouse or cursor movements, and when you visit each page
device information, such as the model and ID of the device you use, operating system, MAC address, device time zone, telephone number and mobile phone network
server log information, such as details of how you used the service, IP address, hardware settings, browser type, browser language, the date and time of your use and referral URL
information that may uniquely identify your browser or your account, and other online identifiers
your user name and password, if you create an account with us or use a service that requires login information
location information.

We also collect some statistical information about visitors to our websites (for example, the number of visitors, pages viewed, types of transactions conducted, time online and documents downloaded), but this is not personal information because we may not know who the visitor is or because we may aggregate this information so that no person can be identified from the statistical information.

We may use publicly available sources to approximate your geographic region and Internet Service Provider based on your IP address. We use various technologies to collect and store information, including cookies, pixel tags, tracking tags, and local storage such as browser web storage or application data caches, databases, and server logs. These technologies help us track your usage and remember your preferences.

Other than for statistical information and user behaviour on our websites, we do not collect any information about you through our websites unless you voluntarily provide the information to us.

Analytics cookies and tracking tags may also be used to collect information about your use of our website (visitation data) that allow our third-party website analytics services (e.g. Google Analytics) to help us analyse trends and understand our website users’ behaviour patterns in the aggregate.

You may refuse the use of cookies by selecting the appropriate settings on your browser. However if you do, you may not be able to use the full functionality of our websites.

These technologies can also be used for targeted marketing, including across platform marketing. Sometimes, for example, your use of our website may be used by a third party to target advertisements to you on a non-N3V website or App.

Through our use of Google Analytics, the information generated by a cookie about your use of our websites (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of our websites, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf.

Information collected by the Google Analytics cookie or tracking tag is transmitted to, and stored by, Google in accordance with its privacy practices. To opt out of Google Analytics, please visit: https://tools.google.com/dlpage/gaoptout

By using our website, you consent to the processing of data about you by Google in the manner described in Google's privacy policy and for the purposes set out above. You can opt out of Google Analytics if you disable or refuse the cookie, disable JavaScript, or use the opt-out service provided by Google.

Our communications to you (such emails, direct messages via social media platforms and the like) may include links to pages on our Website. By clicking on such a link, you will be directed to a page on our Website, and we may collect information related to the "click-through". We may use cookies to associate information in the click-through with your previous experiences on our Website. You may avoid having this information collected by not clicking on the link in our communications.

8. How we collect Personal Information

We collect personal information in several ways, including:

directly from you, for example, when you give it to us
when you enter your personal details on our websites
when you download or upload content
when you make a post on the Trainz Forum
when you create an account with us or update your account details
when you complete an entry form for a competition or participate in a survey
when you apply to work for us
when you email, text or telephone us, engage in live chat or when you share information with us from other social applications, services and websites
when you interact with our website, online content, games and advertising
when you visit or offices or attend our events, for example, you may be photographed or captured on CCTV
from publicly available sources of information, including third parties from whom we may acquire lists
from third parties, such as retailers and your family members
using technology to deduce information about you, such as demographic information
if you are or work for a supplier or business customer of N3V, or a potential supplier or business customer, as part of business dealings with you
from your employer, if your employer is a supplier or business customer of N3V
from background check providers, former employers, referees, and educational institutions, if you apply to work for us.

If you choose not to provide us with information, we may be unable to supply products or services to you or we may not be able to provide you with products, services or information that is relevant to you.

9. Use and Disclosure of Personal Information

We may use and disclose your personal information for the following purposes:

to provide our products and services to you
to identify you and to assist you to obtain and use our products and services
to consider whether to recommend products and services to you
to provide you with information regarding the best ways to use our products and services
to deliver relevant in-game and website content and advertisements to you (including Facebook adverts or other display advertisements)
to measure or understand the effectiveness of the advertising we serve you
to administer and manage our websites
to help us decide how we can improve our products and services
to provide you with information that we think may be of interest to you
provide you with relevant and timely advertising
to complete transactions with you
to manage your account
to respond to inquiries from you
to provide you with customer support
to create reports for our management and business partners
to ensure that you comply with all relevant laws and your contractual obligations to us
to process payments
to review your dealings with us, including the products and services you use, your potential needs, and new products that might be of interest to you or other customers
to improve our websites, our products, our services and our customer service
to administer surveys, contests and promotional activities or events sponsored or managed by us or our business partners
to carry out consumer, market, community and product research, compile demographics, to analyse data and to deduce information
for security purposes, including to perform functions that we believe are necessary to protect the security and proper functioning of our websites and games
to respond to complaints
to comply with our legal and regulatory obligations, resolve disputes, and enforce agreements
to investigate or pursue a legal claim
to protect and defend our rights and property
to make special offers related to our products and services
to contact you from time to time about new products, services or offers
to gain an understanding of your needs to provide you with or to recommend to you better and more personalised products tailored to your requirements
to promote and market our products and services and the products and services of others
to provide you with relevant and timely information and advertising
to assist in the enforcement of laws
to report to our directors and shareholders
to maintain and update our records, which may include billing records
ensure our internal business operations are running smoothly which may include fulfilling legal requirements and conducting confidential systems maintenance and testing
help preserve the personal safety and security of our customers, website users, staff and the public
to determine whether to hire you to work for us
to conduct appropriate checks to detect fraud
to monitor and detect possible fraud or breaches of our terms and conditions of service
as otherwise required or authorised by law.

We may also use personal information for purposes as would be reasonably expected by you in connection with those activities described above.

10. Direct Marketing and Opt Out

To provide our newsletters and to communicate account and promotional information to you, you may be contacted by us via several means including e-mail, SMS and phone communications, push notifications, social media posts or chats, hardcopy mail and other similar means. If you have provided us with your email address, created an account with us, purchased a product or service, or subscribed to any of our newsletters, we may send you information from time to time that we think is relevant to you and your interests. Should you not wish to receive communications of this nature from us, you may unsubscribe or opt-out:

by following the link or instructions in the communication
by contacting us contacting us via the details provided below to update your communication preferences
by changing the communication preference settings for your account on our websites
by changing settings on your device, such privacy settings or push notification settings.

If you unsubscribe from marketing communications, this will not stop you receiving service-related communications from us if we are otherwise legally entitled to send them to you.

We will not charge you for giving effect to your opt out request and will take all reasonable steps to meet your request at the earliest possible opportunity.

11. Disclosure of Personal Information

We only disclose personal information for a purpose for which it was collected, or for a secondary purpose in circumstances permitted by law. This includes where you consent to us disclosing your personal information. You can give us your consent expressly or your consent may be implied.

We may disclose your personal information:

to any organisation where you request us to do so
to insurance companies
to a court or tribunal
to anyone who acquires or is considering acquiring our assets or business (or part of it)
to a person who serves us with a subpoena or other legal document requiring us by law to disclose information or documents about you to them
to our consultants, contractors, subcontractors, suppliers, service providers and professional advisors, who assist us in operating our business, for example to IT and cloud service providers, payment service providers, companies that provide identification verification services, customer analytics providers, marketing service providers, accounting service providers, website operators, mail house operators, CRM providers, collection services, banks, investigators, and organisations that we engage to deal with you on our behalf, and we only allow such third parties to process your personal information for specific purposes and in accordance with our instructions
to government agencies, regulators and law enforcement bodies
to other organisations where necessary or reasonable to do so in relation to the operation of our business.

We may publish the names of competition winners as set out in the terms and conditions of the relevant competition.

Data used and stored by N3V is hosted in Australia and the United States. We may backup and store your personal information on servers in facilities outside of these countries.

Third party services that we use may store your personal information in other countries.

We may disclose your personal information to organisations outside of Australia, including to our related bodies corporate, to contractors, cloud service providers, providers of payment services, and to third party providers who assist us to manage marketing material related to our products, management of our customer base and support processes, email, website hosting, office administration, courier and accounting services. The disclosure may be to organisations located in Australia, the United States, the UK and the EU. The service providers we engage may use international data centres and disaster recovery sites.

The Australian Privacy Principles require that we take reasonable steps, dependent on the circumstances, to ensure that the overseas service provider to whom personal information is disclosed does not breach Australian privacy laws (the “Requirement”). When you provide us with your personal information you consent to the disclosure of your information to an overseas provider. Your consent to this disclosure means that the Requirement does not apply and we will not be held accountable under the Australian Privacy Act for any breaches of the Australian Privacy Act by the overseas provider.

12. Security and Storage of Personal Information

We take reasonable steps to protect your personal information from misuse, loss, unauthorised access, modification or disclosure. We provide a robust level of security when you use our websites, products and services, or when you sign in as a visitor to our office. We have physical, electronic and procedural safeguards to protect personal information which is held by us.

We may store personal information in a variety of formats, including electronic or paper formats.

We allow access to your personal information only to those employees and partners who have a business need to know such information. They will only process your personal data on our instructions and they must keep it confidential.

We take measures to enhance the security of our websites, products and services. If you are a customer who has an account with us, it is important for you to protect against unauthorised access to your password and to your computer. You should have a unique and complex password and make sure to regularly update your operating system. You must not disclose your password to others.

Transmissions sent to or from our websites are routinely monitored for quality control and systems administration. We cannot guarantee the total security of any data transmission over the Internet.

A number of physical, administrative, personnel and technical measures are used to protect your personal information, including restricting access to offices, databases and firewalls to keep personal information secure from misuse, loss or unauthorised use. We continuously monitor and update our website security to minimise the risk of hacking. Access to personal information stored electronically is restricted to staff and contractors whose job purpose requires access.

Although due care is taken, we cannot guarantee the security of information provided to us via electronic means or stored electronically. No security measures are perfect, and we cannot promise to be able to withstand security threats in all circumstances.

Personal information is only retained for as long as is necessary or as required by law.

We use secure methods to destroy or de-identify any personal information, provided the information is no longer needed by us for any purpose and doing so is not prohibited by law.

You may make a request to us in writing to remove or delete your personal information and, where permitted, we will do so in accordance with all relevant laws.

We have procedures in place to deal with any suspected notifiable data breach and will notify you and any applicable regulator of a breach if we are legally required to do so.

13. Amendment of this policy

We regularly review this Privacy Policy and our privacy practices.

We may amend this policy from time to time. If we do, we will update the Privacy Policy on our websites.

The changes will come into effect immediately upon notification on our websites. If the changes are significant and relevant to customers, we will aim to provide customers who have an account with us with an email notification of the changes. You should check our websites from time to time to understand how the current version of our Privacy Policy applies to you.

14. Access to your information

You can request access at any time to personal information we hold about you by using the contact details below for the Privacy Officer.

We will process your request within a reasonable time, usually 21 days for a straightforward request. More time may be needed, depending on the nature of the request. There is no fee for requesting access to your personal information; however, we may charge you the reasonable cost of processing your request. If a fee applies, we will advise you before we provide access. Sometimes we are not required to provide you with access – for example, if the law says we can deny access.

If there is a reason for not granting you access to any of your personal information, we will provide you with a written explanation of the reasons for the refusal (unless unreasonable to do so) and inform you of the mechanisms to complain about the refusal.

We may also need to verify your identity when you request your personal information.

15. Correction of information

We try to ensure that all information we hold about you which we hold about you is accurate, complete and up to date. You must promptly notify us if there are any changes to your personal information. You may ask us at any time to correct personal information held by us about you, which you believe is incorrect or out of date. We will deal with your request within a reasonable time.

If you would like to make an update or correction to any personal information we hold about you, please let us know by contacting us via the details provided below or by updating your Account details on our websites. If there is a reason for not making a correction to any personal information, we will provide you with a written explanation of the reasons for the refusal (unless unreasonable to do so) and inform you of the mechanisms to complain about the refusal.

We may also need to verify your identity when you request an update or correction to your personal information.

You may choose to interact with us anonymously or through the use of pseudonyms for example if you have questions general in nature. However, you are required to provide true and accurate details when requesting the supply of products. You agree to provide accurate information if so required.

16. Contact Details and Complaints

N3V is a customer service-oriented business. Therefore, if you have a complaint about privacy related issues, please contact us. We can be contacted at the details provided below.

Following receipt of your complaint, we will investigate and respond to you within a reasonable period.

For further information, or if you would like to make a complaint about our use, handling or disclosure of your personal information, please contact us using the contact details provided below.

If you are not satisfied with our response, you may also contact the relevant regulator such as the Australian Information Commissioner. As at the date of this Privacy Policy, the contact details are as follows:

Office of the Australian Information Commissioner

GPO Box 5218

Sydney NSW 2001

Phone: 1300 363 992

Email: enquiries@oaic.gov.au

Online: https://www.oaic.gov.au/individuals/how-do-i-make-a-privacy-complaint

If you would like more information about the Privacy Act or Australian privacy requirements in general, please visit the Office of the Information Commissioner’s website at www.oaic.gov.au.

Alternatively, if you are an EU resident or citizen you may contact your local supervisory authority. If you are a United Kingdom resident, you may wish to contact the UK Information Commissioner’s Office: https://ico.org.uk/for-the-public

If you are not happy with any aspect of how we collect and use personal information about you, and you reside in the UK, you have the right to complain to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk).

We would be grateful if you would contact us first if you do have a complaint so that we can try to resolve it for you.

17. Additional rights under the GDPR

If you are a EU resident or citizen or are located in the European Economic Area, you have the right to access the personal information we hold about you and to ask that your personal information be corrected, updated, or deleted, restricted or ported to another goods or services provider. You may also object to the processing of your personal information.

Pursuant to Article 27 of the GDPR, we have appointed a European Data Protection Office (EDPO) as our GDPR Representative in the EU/EEA.

If you would like to exercise these rights, please contact us or our EDPO via the contact details provided below.

18. California Residents

This notice to California residents is provided under California law, including the California Consumer Privacy Act (“CCPA”), Cal. Civ. Code 1798.100, et seq. This notice supplements and is incorporated into our Privacy Policy by explaining your privacy rights if you are a California resident, providing our “notice at collection,” and providing certain mandated disclosures about our treatment of California residents’ information, both online and offline.

Right to Access
If you are a California resident, you have the right to request, up to two times each year, access to categories and specific pieces of personal information about you that we collect, use, disclose, and sell.

Right to Delete
If you are a California resident, you have the right to request that we delete personal information that we collect from you, subject to applicable legal exceptions.

Right to Opt Out of Sale of Personal Information
If you are a California resident, you have the right to “opt out” of the “sale” of your “personal information” to “third parties” (as those terms are defined in the CCPA).

If you wish to make such a request or to opt out, please contact us by email on the email address below.

Before completing your request, we may need to verify your identity.

Our Privacy Policy above sets out any mandatory disclosures required under the CCPA.

19. Virginia United States Residents’ Rights

Virginia is a State in the United States. Virginia law provides Virginia residents with the rights listed below.

Right to Access
You have the right to confirm whether we are processing your personal data and to access your personal data.

Right to Correct
You have the right to correct inaccuracies in your personal data, taking into account the nature of the personal data and the purposes of the processing.

Right to Delete
You have the right to delete personal data provided by or obtained about you.

Right to Portability
You have the right to obtain a portable copy of the personal data that you provided to us.

Right to Opt Out
You have the right to opt out of targeted advertising (as defined under Virginia law). We do not sell data as defined under Virginia law.

To make an access, deletion, or correction request, please contact us via the contact details provided below.

Before completing your request, we may need to verify your identity.

Our Privacy Policy above sets out any mandatory disclosures required under Virginia laws.

20. Disclaimer

While your privacy is important to us, nothing in this Privacy Policy constitutes a voluntary opt in by us to any privacy laws, anywhere in the world, which we are not legally bound to comply with.

21. Contacting Us

The best way to contact us is using our customer support system located at support.trainzportal.com.

You will need an account (or to open an account) to contact us via our customer support system.

If you do not wish to open an account and wish to contact us, please use the postal address below.

N3V Games Pty Limited

Postal address: PO Box 644, Helensvale, QLD 4212, Australia

If you are a EU resident or citizen or are located in the European Economic Area, you may also contact our EU-GDPR representative:

Rickert Rechtsanwaltsgesellschaft mbH
- N3V Games Pty Ltd -

Colmantstraße 15

53115 Bonn

Germany

art-27-rep-n3v@rickert.law

If you are a UK resident or citizen or are located in the UK, you may also contact our UK-GDPR representative:

Rickert Services Ltd UK

- N3V Games Pty Ltd -

PO Box 1487

Peterborough

PE1 9XX

United Kingdom

art-27-rep-n3v@rickert-services.uk

This policy was last updated on the 1st of February, 2024.