1. PURPOSE OF OUR POLICY
- 1.2. Cookaborough Pty Ltd (ACN 628 305 751) (Cookaborough, we, us or our operates a technology platform designed to connect home cooks (each a Cook) with consumers (each a Customer) to provide access to home cooked meals made and provided by Cooks in a Customer’s neighbourhood (the Platform).
- (a) providing the Platform and services that Cookaborough offers;
- (b) the operation of our website; and
- (c) the normal day-to-day operations of our business.
- 1.4. We ensure that we comply with the Australian Privacy Principles set by the Australian Government for the handling of Personal Information under the Privacy Act 1988 (Cth) (Privacy Act).
2. WHO AND WHAT THIS POLICY APPLIES TO
- 2.1. We collect Personal Information on our own behalf and in respect of users and organisations that utilise Cookaborough or similar services provided by us.
- 2.3. If, at any time, an individual provides Personal Information or other information about someone other than himself or herself, the individual warrants that they have that person's consent to provide such information for the purpose specified.
3. THE INFORMATION WE COLLECT
3.1. In the course of business it is necessary for us to collect Personal Information. This information allows us to identify who an individual is for the purposes of our business, share Personal Information when asked of us, contact the individual in the ordinary course of business and transact with the individual. Without limitation, the type of information we may collect is:
- (a) Personal Information. To access the Platform and use the Cookaborough services, we may collect your first name, last name, email address and your phone number;
- (b) Contact Information. We may collect information such as an individual’s email address, telephone & fax number, third-party usernames, residential, business and postal address and other information that allows us to contact the individual;
- (c) Qualifications Information. We may collect information relative to the qualifications, or certificates of compliance that an individual may hold (or previously held) as issued by a regulatory body or municipal council where that information is relevant to the services we provide;
- (d) Statistical Information. When you use the Platform or our website we may make a record and log some or all of the following information for statistical or maintenance purposes and to ensure the quality of the Platform and Cookaborough services:
- (i) duration of use;
- (ii) transactions completed via the Platform including type, payment, volume etc.;
- (iii) general performance of the Platform;
- (iv) Platform browsing behaviour; and
- (v) errors arising from process issues.
- (e) Information an individual sends us. We may collect any personal correspondence that an individual sends us.
- 3.3. To the extent that it is provided by use of the Platform or other Cookaborough services, we do not collect “sensitive information” as it is defined in the Privacy Act (Sensitive Information).
- 3.4. We may also collect information regarding an individual’s location at the time of access including through the use of Application Programming Interfaces (APIs) or by reference to your IP Address.
4. HOW INFORMATION IS COLLECTED
4.1. Most information will be collected in association with an individual’s use of the Platform, an enquiry about the Platform or Cookaborough, through the use of our website or generally dealing with us. However we may also receive Personal Information from sources such as staff, recruitment agencies and our business partners. In particular, information is likely to be collected as follows:
- (a) Registrations/Subscriptions. When an individual registers or subscribes for a service (in particular, to use the Platform) they enter Personal Information details in order to receive or access something, including a transaction;
- (b) Supply. When an individual supplies us with goods or services;
- (c) Contact. When an individual contacts us in any way; and/or
- 4.2. As there are many circumstances in which we may collect information both electronically and physically, we will endeavour to ensure that an individual is always aware of when their Personal Information is being collected.
- 4.3. Where we obtain Personal Information without an individual’s knowledge (such as by accidental acquisition from a client, contractor, Cook or Customer) we will either delete/destroy the information, or inform the individual that we hold such information in accordance with the Australian Privacy Principles.
5. WHEN PERSONAL INFORMATION IS USED AND DISCLOSED
- 5.1. In general, the primary principle by which we treat Personal Information is that we will not use any Personal Information other than for the purpose for which it was collected other than with the individual’s permission. The purpose of collection is determined by the circumstances in which the information was collected and/or submitted.
- 5.3. We may disclose Personal Information to affiliated companies, government agencies and other third parties in accordance with this policy and the Australian Privacy Principles.
- 5.4. We will not disclose or sell an individual’s Personal Information to unrelated third parties under any circumstances.
- 5.5. Personal Information of Customers may be supplied to Cooks and vice versa, for the purposes of facilitating Meal and Menu Delivery through the Platform.
- 5.6. Personal Information is used to enable us to operate our business, especially as it relates to an individual. This may include:
- (a) the provision of access to the Platform;
- (b) Delivery of Meals and Menus to Customers by Cooks;
- (c) verifying an individual’s identity;
- (d) communicating with an individual about:
- (i) their relationship with us;
- (ii) our own marketing and promotions to Customers and Cooks;
- (iii) surveys and questionnaires;
- (e) investigating any complaints about or made by an individual, or if we have reason to suspect that an individual is in breach of any of our terms and conditions or that an individual is or has been otherwise engaged in any unlawful activity; and/or
- (f) as required or permitted by any law (including the Privacy Act).
- 5.7. There are some circumstances in which we must disclose an individual’s information, being:
- (a) where we reasonably believe that an individual may be engaged in fraudulent, deceptive or unlawful activity that a governmental authority should be made aware of; and
- (b) as required by any law (including the Privacy Act).
6. TRANSFER TO OTHER COUNTRIES
- 6.1. We may share your personal data collected outside of Australia with our staff in Australia for the purposes set out in this policy. We may also subcontract processing to, or share your personal data with, third parties located in countries other than your home country. Your personal data, therefore, may therefore be subject to privacy laws that are different from those in your country of residence. However, in those instances, we have entered into contractual agreements to ensure the security of your personal data.
- 6.2. Personal data collected within the European Union and Switzerland may, for example, be transferred to and processed by third parties located in a country outside of the European Union and Switzerland. In such instances we shall ensure that the transfer of your personal data is carried out in accordance with applicable privacy laws and, in particular, that appropriate contractual, technical, and organisational measures are in place such as the Standard Contractual Clauses approved by the EU Commission.
7. CHOOSING TO BE CONTACTED
- 7.1. An individual may opt to not have us collect their Personal Information. This may prevent us from offering them some or all of our services and may terminate their access to some or all of the services they access with or through us, including the Platform. They will be aware of this when:
- (a) Opt In: where relevant, the individual will have the right to choose to have information collected and/or receive information from us; or
- (b) Opt Out: where relevant, the individual will have the right to choose to exclude himself or herself from some or all collection of information and/or receiving information from us.
- 7.2. If you believe that you have received information from us that you did not opt in to receive or that you opted not to receive, you should contact us using the details below.
8. SECURING YOUR PERSONAL INFORMATION
- 8.2. We will take all reasonable precautions to protect an individual’s Personal Information from unauthorised access. This includes appropriately securing our physical facilities and electronic networks.
- 8.3. Cookaborough uses encryption to manage and store the passwords of users of the Platform. No credit card information is stored by Cookaborough or by the Platform. Despite this, the security of online transactions and the security of communications sent by electronic means or by post cannot be guaranteed. Each individual that provides information to us via the internet, the Platform or by post does so at their own risk. We cannot accept responsibility for misuse, loss of or unauthorised access to Personal Information where the security of information is not within our control.
- 8.4. We are not responsible for the privacy or security practices of any third party. The collection and use of an individual’s information by such third parties may be subject to separate privacy and security policies.
- 8.5. If an individual suspects any misuse, loss of or unauthorised access to their Personal Information, they should let us know immediately.
- 8.6. We are not liable for any loss, damage or claim arising out of another person’s use of the Personal Information where we were authorised to provide that person with the Personal Information.
9. HOW TO ACCESS AND/OR UPDATE INFORMATION
- 9.1. Subject to the Australian Privacy Principles, an individual has the right to request from us the Personal Information that we have about them, and we have an obligation to provide them with such information within 30 days of receiving their written request.
- 9.2. If an individual cannot update their own information, we will correct any errors in the Personal Information we hold about an individual within 7 days of receiving written notice from them about those errors.
- 9.3. It is an individual’s responsibility to provide us with accurate and truthful Personal Information. We cannot be liable for any information that is provided to us that is incorrect.
- 9.4. We may charge an individual a reasonable fee for our costs incurred in meeting any of their requests to disclose the Personal Information we hold about them.
10. YOUR RIGHT TO BE FORGOTTEN
10.1. If you request, we will delete or anonymise your personal data so that it no longer identifies you unless we are legally allowed or required to maintain certain personal data, including in situations such as the following:
- (a) if there is an unresolved issue relating to your account, such as an unresolved claim or dispute we will retain the necessary personal data until the issue is resolved;
- (b) where we are required to retain the personal data for our legal, tax, audit, and accounting obligations (in which case we will retain the necessary personal data only for the period required by applicable law); and/or
- (c) where necessary for our legitimate business interests such as fraud prevention or to maintain the security of our users.
10.2. Please note that if you request that we delete or anonymise your personal data, you may not be able to access the Platform or other Cookaborough services until such time as that personal data is provided to us again or the anonymisation has been reversed.
11. COMPLAINTS AND DISPUTES
- 11.1. If an individual has a complaint about our handling of their Personal Information, they should address their complaint in writing to the details below.
- 11.2. If there is a dispute regarding our use of an individual’s Personal Information, you agree to first attempt to resolve the issue directly with us.
- 11.3. If we become aware of any unauthorised access to an individual’s Personal Information we will inform them at the earliest practical opportunity once we have established what was accessed and how it was accessed.
12. CONTACTING INDIVIDUALS
12.1. From time to time, we may send an individual important notices, such as changes to our terms, conditions and policies. Because this information is important to the individual’s interaction with us, they may not opt out of receiving these communications.
- 13.1. Cookies and other tracking technologies are comprised of small bits of data or code that often include a de-identified or anonymous unique identifier. Websites, apps and other services send this data to your browser (on your computer or mobile device) when you first request a web page and then store the data on your computer so that such websites, apps and other services can access information when you make subsequent requests for pages from that service. They are widely used in order to make websites work, or work in a better, more efficient way. For example, they can recognize you and remember important information that will make your use of a website more convenient (e.g., by remembering your user preferences).
- 13.3. You should be aware that any preferences will be lost if you delete cookies and our website will not work properly and the Platform may not function correctly if you turn off all cookies for the site.
- 13.4. Most browsers accept cookies automatically, but you can alter the settings of your browser to erase cookies or prevent automatic acceptance if you prefer. Generally, you have the option to see what cookies you’ve got and delete them individually, block third party cookies or cookies from particular sites, accept all cookies, to be notified when a cookie is issued or reject all cookies. Visit the ‘settings’, ‘options’ or ‘preferences’ menu on your browser to change settings.
14. CONTACTING US
14.1. All correspondence with regards to privacy from Australian customers should be addressed to:
Privacy Officer Cookaborough Pty Ltd [email protected]
15. ADDITIONS TO THIS POLICY