1.1 This privacy policy (Policy) s provided to ensure you understand your rights and obligations when you access and navigate the website located at nearbites.com (Website) and the nearbites app (App) operated by Nearbites Pty Ltd (ACN 639 725 554) (we, us).
We respect the rights and privacy of all individuals and are committed to complying with the Privacy Act 1988 (Cth) and the Australian Privacy Principles and protecting the personal information we hold.
This Policy sets out a number of things including:
what personal information we collect and hold;
how and why we collect, hold, use or disclose personal information;
how to seek access to and correct your personal information;
how we keep your personal information secure; and
whether we disclose personal information overseas.
1.1 Your continued usage of the Website and/or the App will be taken to indicate your acceptance of the terms of this Policy insofar as it relates to the Website and/or the App.
We may, from time to time, review and update this Policy, including taking account of new or amended laws, new technology and/or changes to our operations. All personal information held by us will be governed by the most recently updated policy and we will give you notice of our revised policy by posting to the Website.
Generally, ‘personal information’ is information which may be used to reasonably identify you. For example, your name, address, date of birth, gender, email address, telephone number is generally considered to be personal information. Personal information may also include information we collect about your individual preferences.
We collect the type of personal information required to assist us with providing you with access to the Website and/or the App and their associated functionality. This may include personal information such as:
personal or company name;
mailing or street address;
email address;
telephone number;
age or birth date;
occupation;
gender;
demographic information;
location data;
details of what you have looked at or purchased from a venue;
any information relating to you that you provide to us directly or indirectly through the Website or the App, or online presence through our representatives or otherwise;
your preferences for products or services that you provide to us when you use the Website or the App;
details of the device you have used to access any part of the Website or the App, including carrier/operating system, connection type, IP address, interaction with other retail technology such as use of NFC Tags, QR Codes or use of mobile vouchers which information may be collected and used by us automatically if you use the Website or the App, through the browser on your device or otherwise; and
information from your computer or mobile device when you browse the Website or use the App.
4.1 We collect your personal information directly from you, in ways including:
when you register as a user of the Website or the App;
via your access and use of the Website or the App;
via someone else who has provided us with your information; and
during conversations between you and us via phone or email (if any).
We may also collect personal information from third parties including third party companies such as law enforcement agencies and other government entities, e-commerce platforms, data suppliers, advertisers, mailing lists and contractors and business partners.
4.2 We may provide your information to third parties engaged by us to perform functions on our behalf as well as third parties authorised by you to receive information held by us.
In the event of a proposed restructure or sale of our business (or part of our business) or where a company proposes to acquire or merge with us, we may disclose personal information to the buyer and their advisers without your consent subject to compliance with privacy legislation. If we sell the business and the sale is structured as a share sale, you acknowledge that this transaction will not constitute the 'transfer' of personal information.
4.3 We may collect and disclose personal information to third parties for the purposes described in this Policy. These third parties and purposes include but are not limited to:
our employees, contractors, licensees or external service providers for the operation of the Website, the App or our business, fulfilling requests by you, including without limitation IT systems administrators or payment processors;
to our related entities, employees, officers, agents, contractors, other companies that provide services to us, sponsors, government agencies or other third parties to satisfy the purposes for which the information was collected or for another purpose if that other purpose is closely related to the primary purpose of collection and an individual would reasonably expect us to disclose the information for that secondary purpose;
to third parties including those in the food, drink, leisure, marketing and advertising sectors, to use your information in order to let you know about goods and services which may be of interest to you in accordance with the Spam Act 2003 (Cth) and the Privacy Act 1988 (Cth);
to third parties who help us analyse the information we collect so that we can administer, support, improve or develop our business and the services we provide to you;
to any other person, with your consent (express or implied);
to a government agency if disclosure is required by a law or legal process;
any relevant authority or enforcement body or your Internet Service Provider or network administrator, for example, if we have reason to suspect that you have committed a breach of any of our terms and conditions, or have otherwise been engaged in any unlawful activity, and we reasonably believe that disclosure is necessary;
as required or permitted by any law (including the Privacy Act 1988 (Cth); and
to third parties to facilitate the sale of our all or a substantial part of our assets or business or to companies with which we propose to merge or who propose to acquire us and their advisers.
In addition to the above recipients, we will disclose your personal information if the disclosure is made in connection with the normal operation of our business in a way that you might reasonably expect, for example, if such disclosure is incidental to IT services being provided to our business, efficient communications between you and us, for the secure storage and management of your files to allow us to provide you proper access to the Website or the App, or for the resolution of any dispute that arises between you and us.
4.4 The primary purpose for which we collect information about you is to enable us to perform our business activities and functions and to provide the best customer experience.
We generally collect personal information as part of providing you with access to the Website and/or the App, informing you about restaurants, complying with our contractual and other legal obligations, running promotions and other marketing activities or administering our relationship with you by responding to your enquiries and providing you with information about our activities that may be of interest to you.
We also collect personal information for the following purposes:
to manage our relationship with you, evaluate our business performance and build our customer database;
to provide you with information about our products, services, functions, events or activities;
to respond to your requests and seek your feedback;
to conduct research, compare information for accuracy and verification purposes, compile or analyse statistics relevant to the operations of our business;
to facilitate our internal business operations, including fulfilment of any legal and regulatory requirements and monitoring, analysing and improving the performance and functionality of the Website and the App and investigating breaches of or enforcement of any legal terms applicable to the Website or the App;
to protect our property, the Website, the App or our legal rights including to create backups of our business records;
to manage risk and protect the Website and the App from fraud by verifying your identity and helping to detect and prevent fraudulent use of the Website and the App;
for the direct marketing purposes as set out in this Policy; and
to manage our business, including analysing data collected from the Website and the App concerning visits and activities of users on the Website and the App. This analysis helps us run the Website and the App more efficiently and improve and personalise your experience online. We use information from third party services such as Google Analytics to help further improve your experience in using the Website or the App.
4.5 Your personal information will not be shared, sold, rented or disclosed other than as described in this Policy.
Where practical, you may choose not to identify yourself. However, in some instances, if you do not provide us with required personal information described in this Policy, we may not be able to provide you with access to the Website or the App either to the same standard as if you had provided the required personal information, or at all.
5.1 We may send you direct marketing communications and information about services that we consider may be of interest to you. These communications may be sent in various forms, including mail, SMS or email, in accordance with applicable marketing laws such as the Spam Act 2004 (Cth). If you indicate a preference for a method of communication, we will endeavour to use that method whenever practical to do so.
5.2 At any time you may opt-out of receiving marketing communications from us by contacting us or by using the opt-out facilities provided (eg, an unsubscribe link). We will then ensure that your name is removed from our mailing list.
5.3 If you receive communications from us that you believe have been sent to you other than in accordance with this Policy, or in breach of any law, please contact us.
6.1 You may request access to any personal information we hold about you by contacting us. Where we hold information that you are entitled to access, we will endeavour to provide you with suitable means of accessing it (for example, by mailing or emailing it to you). If you make an access request, we will ask you to verify your identity. There may be instances where we cannot grant you access to the personal information we hold. For example, we may need to refuse access if granting access would interfere with the privacy of others, or if it would result in a breach of confidentiality. If that happens, we will give you written reasons for any refusal.
6.2 If you believe that the personal information we hold about you is incorrect, incomplete or inaccurate, then you may request us to amend it, and we will reasonably consider every request.
7.1 We will take reasonable steps to protect the personal information that we hold from misuse, loss, or unauthorised access, including by means of firewalls, password access and secure servers.
If you suspect any misuse or loss of, or unauthorised access to, your personal information, please contact us.
7.2 If we suspect any misuse or loss of, or unauthorised access to, your personal information we may inform you of that suspicion and take immediate steps to limit any further access to, or distribution of, your personal information.
The Website and the App is hosted by third party service providers. In order for us to allow you access to the Website and/or the App, we at times may allow access to personal information to third party providers.
We make no representations or warranties in relation to the privacy practices of any third party service providers and we are not responsible for the privacy policies or the content of any third party service provider.
9.1 We may disclose your personal information if you choose to participate in online or App based service offerings whereby your personal information may be disclosed to and stored in software which is operated by a third party intermediary as part of your dealings with us. Personal information disclosed in this manner may be transmitted offshore. When you provide your personal information to us, you consent to the disclosure of your personal information outside of Australia and acknowledge that other countries may have different data protection rules to Australia and that we are not required to ensure that the overseas recipients deal with that personal information in compliance with privacy legislation. We will, however, take reasonable steps to ensure any overseas recipient to which we provide your personal information deals with such information in a manner consistent with the Australian Privacy Principles.
10.1 When you use the Website and/or the App, we or our service providers may obtain information using technologies such as cookies, tags, web beacons, geographical location and navigational data collection (log files, server logs, and clickstream data) to better understand your user experience. For example, we or our service providers may collect information like the date, time and duration of visits and which webpages are accessed.
10.2 When you access the Website and/or the App, we may send a cookie (a small summary file containing a unique ID number) to your computer or mobile device. This enables us to:
recognise your computer or device, without you needing to register or login;
keep track of products or services you view, so that we can send you news about those products or services;
measure traffic patterns to determine which areas of our websites have been visited, and to measure transaction patterns in the aggregate.
If you do not wish to receive cookies, you can set your browser so that your computer does not accept them.
10.3 We may also log IP addresses (the electronic addresses of computers connected to the internet) to analyse trends, administer the website, track user movements, and gather broad demographic information.
10.4 Where such information is not wholly linked to your identity, we may also collect anonymous data (which is not personal information) relating to your activity on our website (including IP addresses) via cookies. We generally use this information to report statistics, analyse trends, administer our services, diagnose problems and target and improve the quality of our services. To the extent this information does not constitute personal information because it does not identify you or anyone else, the Australian Privacy Principles do not apply and we may use this information for any purpose and by any means whatsoever.
If you believe your privacy has been breached by us or you have any questions about this Policy please contact us at contact@nearbites.com. We will aim to ensure that your complaint is resolved confidentially and in a timely and appropriate manner.
While we will endeavour to take reasonable steps to keep secure and protect any personal information which we hold about you, we do not warrant the security of any information you transmit to us or from any online services.
If you are not satisfied with the outcome of our investigation, then you may request that an independent person (usually the Commonwealth Privacy Officer) investigate your complaint.