WYDA - Privacy Policy

Personal information: is information or an opinion, whether true or not and whether recorded in a material form or not, about an individual who is identified or reasonably identifiable.

• The types of personal information we may collect about you include:

• Identity Data including your name, age, profession, photographic identification.

• Contact Data including your telephone number, address and email.

• Financial Data including bank account and payment card details (through our third party payment processor, who stores such information and we do not have access to that information).

• Transaction Data including details about payments to you from us and from you to us and other details of products and services you have purchased from us or we have purchased from you.

• Technical and Usage Data when you access any of our websites or platforms, details about your internet protocol (IP) address, login data, browser session and geo-location data, statistics on page views and sessions, device and network information, acquisition sources, search queries and/or browsing behaviour, access and use of our website (including through the use of Internet cookies or analytics), and communications with our website.

• Profile Data including your username and password for Wyda, profile picture, purchases or orders you have made with us, content you post, send, receive and share through our platform, information you have shared with our social media platforms, and support requests you have made.

• Interaction Data including information you provide to us when you participate in any interactive features, including surveys, contests, promotions, activities or events.

• Marketing and Communications Data including your preferences in receiving marketing from us and our third parties and your communication preferences.

• Professional data including where you are a worker of ours or applying for a role with us, your professional history such as your previous positions and professional experience, or whether you hold required authorisations or licences.

• Sensitive information is a sub-set of personal information that is given a higher level of protection. Sensitive information means information relating to your racial or ethnic origin, political opinions, religion, trade union or other professional associations or memberships, philosophical beliefs, sexual orientation or practices, criminal records, health information or biometric information. We do not actively request sensitive information about you. If at any time we need to collect sensitive information about you, unless otherwise permitted by law, we will first obtain your consent and we will only use it as required or authorised by law.

Given the nature of Wyda, and the services that we provide, it is not practicable for you to remain anonymous when dealing with us. To the extent that it is lawful and practicable for us to enable you to use a pseudonym, we will accommodate that request. However, if personal information is not provided in full where we have indicated that it is required or when it is otherwise requested, we may not be able to provide access to Wyda or process your application for employment, and our employees, contractors and consultants may not be able to provide services to you, either in an effective manner or at all.

We collect personal information in a variety of ways, including:

• when you provide it directly to us, including face-to-face, over the phone, over email, or online;

• if you are an applicant for a position with us;

• when you complete a form, such as registering for any events or newsletters, or responding to surveys;

• when you use any website we operate (including from any analytics and cookie providers or marketing providers. See the “Cookies” section below for more detail on the use of cookies);

• from third parties, such as the customer;

• from publicly available sources. 

We only collect, use and disclose personal information where that information is reasonably necessary for purposes which are directly related to one or more of our functions or activities. These include:

• provision of our services, including Wyda;

• analytics of user participation;

• to work with you as a customer or supplier of our business;

• for analytics, market research and business development, including to operate and improve our business, associated applications and associated social media platforms;

• for internal record keeping, administrative, invoicing and billing purposes;

• if you have applied for employment with us, to consider your employment application; and

• to comply with our legal obligations or if otherwise required or authorised by law.

If you are a customer, we also use your personal information:

• to contact and communicate with you about our business, including in response to any support requests you make;

• for advertising and marketing, including to send you promotional information about our events and experiences and information that we consider may be of interest to you;

• to run promotions, competitions and/or offer additional benefits to you;

• when you lodge support requests with us or other enquiries you make with us;

• for payment purposes

• to provide the scores of users to whom you have provided licences;

• to provide any additional information to you that you have purchased.

If you are a user, we also use your personal information to:

• communicate with you;

• enable your access to and participation in Wyda; and

• provide copies to you of your scores and (where purchased by your employer) your performance.

Where purchased by your employer, we will collate information about you and your performance while playing Wyda (including accuracy, behavioural indicators, ethical choices, communication
style, problem solving approach and ability, and ability to interpret different types of data such as visual and non-visual), and will evaluate this information by automated purposes to create a profile about you.

The manner in which such automated profiling is undertaken is regularly reviewed in light of the use of anonymised data for analytical, development and optimisation purposes. Where your employer has purchased this information, your employer may use the information for its own organisational purposes. You should contact your employer directly if you wish to discuss your employer's use of this information.

If your employer has purchased this information, we will also provide you with a copy of it. You may contact us using the details set out below if you have any concerns about the conclusions made during this automated profiling process.

Personal information: We will only disclose personal information (excluding sensitive information) to third parties where it is necessary as part of our business, where we have your consent, or where permitted by law. This means that we may disclose personal information (excluding sensitive information) to:

• our employees, contractors and/or related entities;

• IT service providers, data storage, web-hosting and server providers (such as Microsft Azure);

• marketing or advertising providers;

• professional advisors, bankers, auditors, our insurers and insurance brokers;

• payment systems operators or processors;

• our existing or potential agents or business partners;

• sponsors or promoters of any promotions or competition we run;

• if we merge with, or are acquired by, another company, or sell all or a portion of our assets, your personal information may be disclosed to our advisers and any prospective purchaser’s advisers and may be among the assets transferred;

• courts, tribunals and regulatory authorities, in the event you fail to pay for goods or services we have provided to you;

• courts, tribunals, regulatory authorities and law enforcement officers, as required or authorised by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights;

• third parties to collect and process data, such as analytics providers and cookies; and

• any other third parties as required or permitted by law, such as where we receive a subpoena.

Sensitive information: We will only disclose sensitive information with your consent or where permitted by law. This means that we may disclose sensitive information to:

• our employees, contractors and/or related entities;

• IT service providers, data storage, web-hosting and server providers (such as Microsoft Azure);

• professional advisors;

• payment systems operators or processors;

• if we merge with, or are acquired by, another company, or sell all or a portion of our assets, your personal information may be disclosed to our advisers and any prospective purchaser’s advisers and may be among the assets transferred;

• courts, tribunals, regulatory authorities and law enforcement officers, as required or authorised by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights;

• third parties to collect and process data, such as analytics providers and cookies; and

• any other third parties as required or permitted by law, such as where we receive a subpoena.

If you are a user, we will disclose the following information to your employer:

• your Wyda scores;

• where purchased by your employer, your profile (created through automated means) based on your performance while playing Wyda, including accuracy, behavioural indicators, ethical choices, communication style, problem solving approach and ability, and ability to interpret different types of data (such as visual and non-visual);

• any other information you provide to us while participating in Wyda, for example through free-text responses or providing comments, insights or feedback;

• other records and statistics about the manner in which you play Wyda; and

• any changes that you request to your personal information, including where you have exercised any rights you may have under applicable law (but only to the extent permitted by applicable law).

Australian Residents

We store your personal information in Australia. Where we disclose your personal information to third parties, those third parties may store, transfer or access personal information outside of Australia. We will only disclose your personal information overseas in accordance with the Australian Privacy Principles.

New Zealand Residents

Where we disclose your personal information to third parties, those third parties may store, transfer or access personal information outside of New Zealand, which may not have an equivalent level of data protection laws as those in New Zealand. Before disclosing any personal information to an overseas recipient, we will comply with Information Privacy Principle 12 and only disclose the information if:

• you have authorised the disclosure after we expressly informed you that the overseas recipient may not be required to protect the personal information in a way that, overall, provides comparable safeguards to those in the Privacy Act 2020;

• we believe the overseas recipient is subject to the Privacy Act 2020;

• we believe that the overseas recipient is subject to privacy laws that, overall, provide comparable safeguards to those in the Privacy Act 2020;

• we believe that the overseas recipient is a participant in a prescribed binding scheme;

• we believe that the overseas recipient is subject to privacy laws in a prescribed country; or

we otherwise believe that the overseas recipient is required to protect your personal information in a way that, overall, provides comparable safeguards to those in the Privacy Act 2020 (for example pursuant to a data transfer agreement entered into between us and the overseas recipient).

We take reasonable steps to make sure that the personal information we collect is accurate, complete and up-to-date. These steps include maintaining and updating personal information
when we are advised by individuals that their personal information has changed and at other times as necessary.

Your choice: Please read this Privacy Policy carefully. If you provide personal information to us, you understand we will collect, hold, use and disclose your personal information in accordance with this Privacy Policy. You do not have to provide personal information to us, however, if you do not, it may affect our ability to work with you as a customer or supplier of our business.

Correction: You are in control of any personal information you provide to us. If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, or would like to otherwise correct the personal information we have about you or change your preferences for contact from us, you can do so by accessing your dashboard, or letting us know by contacting us using the details listed below. If you contact us directly, we may request additional information to verify your identity. Please note, in some situations, we may be legally permitted to not correct your personal information. If we cannot correct your information, we will advise you as soon as reasonably possible and provide you with the reasons for our refusal and any mechanism available to complain about the refusal.

Access: You can access the personal information we currently hold about you (including any information we have used for profiling purposes) or request that we change that personal information at any time. An administrative fee may be payable for the provision of such information. We endeavour to respond to any such request within a reasonable period. We will allow you to access or make the changes unless we are required or permitted under applicable law to withhold the information. If we cannot agree to make requested changes to personal information, we will provide you with a written notice which sets out the reasons for our refusal and the mechanisms available to complain about the refusal, and attach this statement to our records.

Restrict and unsubscribe: You have an absolute right to opt-out of direct marketing at any time. You can do this by following the instructions in the communication where this is an electronic message, or by contacting us using the details set out below.

Complaints: If you wish to make a complaint, please contact us using the details below and provide us with full details of the complaint. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take in response to your complaint. If you are not satisfied with our response, you may contact the Office of the Australian Information Commissioner (if you are an Australian resident), or the Office of the New Zealand Privacy Commissioner (if you are a New Zealand resident).

Information from third parties: If we receive personal information about you from a third party, we will protect it as set out in this Privacy Policy. If you are a third party providing personal information about somebody else, you represent and warrant that you have such person’s consent to provide the personal information to us.

We take reasonable steps to protect the personal information we hold from misuse, interference, loss, unauthorised access, modification or disclosure.

These steps include a properly configured firewall, encrypted transmission of electronic data where required/appropriate, up-to-date anti-virus software, regular monitoring of all network traffic and
strict access control policies on electronic data. There is also securing of paper files in locked cabinets and physical access restriction to these files.

When no longer required, personal information is destroyed in a secure manner or deleted.

While we are committed to security, we cannot guarantee the security of any information that is transmitted to or by us over the Internet. The transmission and exchange of information is carried out at your own risk.

We do not use cookies, but we do use authtokens to store the user's JWT (a JSON web token is a standardized, optionally validated and/or encrypted container format to securely transfer information between two parties), and user Id to stores the user's identity tokens.

Overview: We may use artificial intelligence and machine learning technologies and its corresponding data analysis, including AI Technologies provided by third parties (AI Technologies) in our business operations and the provision of our services. We will only use AI Technologies when legally permitted and necessary for our business operations.

How we use AI Technologies: We may use AI Technologies for the following purposes:

• to provide tailored forecast and recommendations based on the information you provide to us;

• to generate and modify content and coding;

• to improve and optimise our services and operations;

• to automate certain processes and communications, such as routine tasks;

• to personalise your experience with our services;

• for quality assurance purposes; and

• to assist with customer support and queries.

Data Protection and Security: Where we use service providers who provide AI Technologies to us, we will take reasonable steps to ensure that such service providers handle your personal information according to privacy law, including by ensuring that we have contracts in place requiring the service provider to protect personal information.

We may input your personal information into platforms provided by AI Technology service providers which may then be used to train the service provider’s AI Technology model based on that information.

Your Rights and our Commitments: We will treat information generated or inferred by the AI Technologies about individuals as personal information and you maintain all rights over your personal information as outlined in this privacy policy, regardless of whether AI Technologies are used in processing. When using AI Technologies with your personal information:

• Transparency and control: we will inform you when AI Technologies are being used to make decisions that may significantly affect you. We will implement processes to verify the accuracy of AI-generated outputs and we will take reasonable steps to maintain human oversight and review of significant AI-generated decisions. Our staff are trained to understand the limitations of AI systems and verify outputs before they are relied upon; and

• Security: we implement appropriate technical and organisational measures to ensure that our use of AI Technologies maintains the security and integrity of your personal information. This includes regular testing and monitoring of AI outputs for accuracy and reliability; and

• Risk mitigation: We regularly assess and document the risks associated with our use of AI Technologies in processing personal information and implement appropriate mitigation measures. This includes ongoing monitoring of AI Technologies and regular reviews of their performance and impact.

We consider the security of our systems a top priority. But no matter how much effort we put into system security, there can still be vulnerabilities present.

If you discover a vulnerability, we would like to know about it so we can take steps to address it as quickly as possible. We would like to ask you to help us better protect our clients and our systems.

Please do the following:

• E-mail your findings to help@wydagame.com immediately. Encrypt your findings to prevent this critical information from falling into the wrong hands.

• Do not take advantage of the vulnerability or problem you have discovered, for example by downloading more data than necessary to demonstrate the vulnerability or deleting or modifying other people's data.

• Do not reveal the problem to others until it has been resolved.

• Do not use attacks on physical security, social engineering, distributed denial of service, spam or applications of third parties.

• Do provide sufficient information to reproduce the problem, so we will be able to resolve it as quickly as possible. Usually, the IP address or the URL of the affected system and a description of the vulnerability will be sufficient, but complex vulnerabilities may require further explanation.

What we promise:

• We will respond to your report within 3 business days with our evaluation of the report and an expected resolution date.

• If you have followed the instructions above, we will not take any legal action against you in regard to the report.

• We will handle your report with strict confidentiality, and not pass on your personal details to third parties without your permission.

• We will keep you informed of the progress towards resolving the problem.

• In the public information concerning the problem reported, we will give your name as the discoverer of the problem (unless you desire otherwise).

• We strive to resolve all problems as quickly as possible, and we would like to play an active role in the ultimate publication of the problem after it is resolved.

Our website may contain links to other parties’ websites. We do not have any control over those websites and we are not responsible for the protection and privacy of any personal information which you provide whilst visiting those websites. Those websites are not governed by this Privacy  Policy.

You can contact us with questions or concerns about privacy by emailing us at hello@wydagame.com  

This Privacy Policy was last updated March 2025.

Under the GDPR individuals located in the EU and the UK have extra rights which apply to their personal information. Personal information under the GDPR is often referred to as personal data and is defined as information relating to an identified or identifiable natural person (individual). This Appendix 1 sets out the additional rights we give to individuals located in the EU and UK, as well as information on how we process the personal information of individuals located in the EU and UK. Please read the Privacy Policy above and this Appendix carefully and contact us at the details at the end of the Privacy Policy if you have any questions.

What personal information is relevant?

This Appendix applies to the personal information set out in the Privacy Policy above. This includes any Sensitive Information also listed in the Privacy Policy above which is known as ‘special categories of data’ under the GDPR.

Purposes and legal bases for processing

We collect and process personal information about you only where we have legal bases for doing so under applicable laws. We have set out below, in a table format, a description of all the ways we plan to use your personal information, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate. Note that we may process your personal information for more than one lawful ground depending on the specific purpose for which we are using your data. Please reach out to us if you need further details about the specific legal ground, we are relying on to process your personal information where more than one ground has been set below:

1 - To enable you to access and use our software, including to provide you with a login, analytics of user participation and to provide the scores of users to whom you have provide licences.

Type of Data:

• Identity Data

• Contact Data

Legal Basis for processing:

• Performance of a contract with you

2 - To work with you as a customer, user or supplier of our business, including to register your attendance at our events.

Type of Data:

• Identity Data

• Contact Data

Legal Basis for processing:

• Performance of a contract with you

3 - To contact and communicate with you about our business, including in response to any support requests you lodge with us or other enquiries you make with us.

Type of Data:

• Identity Data

• Contact Data

• Profile Data

Legal Basis for processing:

• Performance of a contract with you

4 - To contact and communicate with you about any enquiries you make with us via our website.

Type of Data:

• Identity Data

• Contact Data

Legal Basis for processing:

• Legitimate interests: to ensure we provide the best client experience we can offer by answering all of your questions

5 - For internal record keeping, administrative, invoicing and billing purposes.

Type of Data:

• Identity Data

• Contact Data

• Financial Data

• Transaction Data

Legal Basis for processing:

• Performance of a contract with you

• To comply with a legal obligation

• Legitimate interests: to recover debts due to us and ensure we can notify you about changes to our terms of business and any other administrative points

6 - For analytics, market research and business development, including to operate and improve our business, associated applications and associated social media platforms.

Type of Data:

• Profile Data

• Technical and Usage Data

Legal Basis for processing:

• Legitimate interests: to keep our website updated and relevant, to develop our business, improve our business and to inform our marketing strategy

7 - For advertising and marketing, including to send you promotional information about our events and experiences and information that we consider may be of interest to you.

Type of Data:

• Identity Data

• Contact Data

• Profile Data

• Technical and Usage Data

• Marketing and Communications Data

Legal Basis for processing:

• Legitimate interests: to develop and grow our business

8 - To run promotions, competitions and/or offer additional benefits to you.

Type of Data:

• Identity Data

• Contact Data

• Profile Data

• Technical and Usage Data

• Marketing and Communications Data

Legal Basis for processing:

• Legitimate interests: to facilitate engagement with our business and grow our business

9 - If you have applied for employment with us, to consider your employment application.

Type of Data:

• Identity Data

• Contact Data

• Professional Data

Legal Basis for processing:

• Legitimate interests: to consider your employment application

10 - To comply with our legal obligations or if otherwise required or authorised by law.

Type of Data:

• Identity Data

• Financial Data

• Transaction Data

• Contact Data

• Technical and Usage Data

• Profile Data

• Identity Data

• Professional Data

Legal Basis for processing:

• To comply with a legal obligation

If you have consented to our use of data about you for a specific purpose, you have the right to change your mind at any time, but this will not affect any processing that has already taken place. Where we are using your data because we or a third party have a legitimate interest to do so, you have the right to object to that use though, in some cases, this may mean no longer doing business with us. Further information about your rights is available below.

Data Transfers

The privacy protections available in the countries to which we send data for the purposes listed above may be less comprehensive than what is offered in the country in which you initially provided the information. Where we transfer your personal information outside of the country where you are based, we will perform those transfers using appropriate safeguards in accordance with the requirements of applicable data protection laws and we will protect the transferred personal information in accordance with this Privacy Policy and Appendix 1. This includes:

• only transferring your personal information to countries that have been deemed by applicable data protection laws to provide an adequate level of protection for personal information; or

• including standard contractual clauses in our agreements with third parties that are overseas.

Data retention

We will only retain your personal information for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal information for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for personal information, we consider the amount, nature and sensitivity of the personal information, the potential risk of harm from unauthorised use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

Extra rights for EU and UK individuals

You may request details of the personal information that we hold about you and how we are process it (commonly known as a “data subject request”). You may also have a right in accordance with applicable data protection law to have your personal information rectified or deleted, to restrict our processing of that information, to object to decisions being made based on automated processing where the decision will produce a legal effect or a similarly significant effect on you, to stop unauthorised transfers of your personal information to a third party and, in some circumstances, to have personal information relating to you transferred to you or another organisation.

If you are not happy with how we are processing your personal information, you have the right to make a complaint at any time to the relevant Data Protection Authority based on where you live. We would, however, appreciate the chance to deal with your concerns before you approach the Data Protection Authority, so please contact us in the first instance using the details set out above in our Privacy Policy.