Privacy Policy

Protecting your privacy

FoodByUs (hereinafter referred to as “FoodByUs”, “we”, “us” or “our”) operates a Site or Application and community marketplace that helps people form offline experiences and relationships directly with one another, where they can create, list, discover and order unique food made by passionate Makers in their local community, whether through our website or our mobile applications (“Site or Application”).

This Privacy Policy is intended to inform you about how we treat Personal Information that we receive from our customers. It outlines the type of personal information we collect, how that information may be used, to whom we permit access and how we protect that personal information.

We are dedicated to protecting the confidentiality and security of the personal information which we collect about our customers and do so in accordance with the Privacy Act 1988 (Cth) (including the Australian Privacy Principles (APP’s).

Changes to Privacy policy

We may change how we collect and then use Personal Information at any time and without prior notice, at our sole discretion. In this case, we will notify you either by posting the changed Privacy Policy on the Site or Application or by sending an email to you. We will also update the “Last Updated Date” at the top of this Privacy Policy.

If you do not agree to any part of this Privacy Policy, then we cannot provide the Site or Application to you, and you should stop accessing the Site or Application and deactivate your FoodByUs account. You can find out more about how to deactivate your FoodByUs account at http://www.foodbyus.com.

What this policy does not cover:

The content that you share with other users is neither private nor confidential and you should not have any expectation of privacy with respect to it. Information you upload will be posted along with other personal information. You must exercise caution and common sense when submitting and disclosing information. At the very least you should demonstrate the same degree of caution when publishing personal information by means other than the Internet and cellular services.

The information you provide may be shared either directly with the Service and to other users. This information may also be shared via third party services (such as social networks) which interact with the Service.

You can decide whether or not to upload content to the Services, but you should note that certain information is required in order to use the Services. However any content that you submit for posting, may be viewed by all users of the Services and by FoodByUs.

1. OPEN AND TRANSPARENT POLICIES (APP 1)

We have and will continue to take all reasonable steps to implement and maintain practices, procedures and systems to ensure that we comply with all our obligations under the Privacy Act. Do not hesitate to contact us by hello@foodbyus.com if you have any questions about this policy or any matters arising from it.

2. ANONYMITY AND PSEUDONYMITY (APP 2)

You may not wish to identify yourself or you may wish to use a pseudonym. Given the nature of our services and the obligations on our members, if you choose to use a pseudonym, it may not be possible for us to provide our full services to you.

3. COLLECTION OF INFORMATION (APP 3 & 4)

3.1 PERSONAL INFORMATION (APP 3)

The sort of personal information we collect may include:

• your name, and other contact information, including landline and mobile phone numbers, address, email;
• any other personal information you volunteer which may include age, date of birth, your location, email details, place of birth, nationality, date of arrival in Australia;
• your business information including the address of the business, the address of any manufacturing or food production facility; pricing details and other information necessary to facilitate the provision of the service;
• information shared from your social network accounts;
• when you use certain features of the Site and Application, in particular our mobile applications we may receive, store and process different types of information about your location, including general information (e.g. IP address, post code) and more specific information (e.g. GPS-based functionality on mobile devices used to access the Site or Application or specific features of the Site or Application). If you access the Site or Application through a mobile device and you do not want your device to provide us with location-tracking information, you can disable the GPS or other location-tracking functions on your device, provided your device allows you to do this. See your device manufacturer’s instructions for further details;
• we may receive, store and process Log Data, which is information that is automatically recorded by our servers whenever you access or use the Application or Site, regardless of whether you are registered with FoodByUs or logged into your FoodByUs account, such as your IP address, the date and time you access or use the Site or Application, the hardware and software you are using, referring and exit pages and URLs, the number of clicks, pages viewed and the order of those pages, and the amount of time spent on particular pages;

• how you were referred to or came to know about us;

• we may also collect more confidential information including bank account and credit card details (“Confidential Information”). This information is not released unless we have your express consent to do so or it is required for us to provide the services to you;
• our Site or Application may use social plugins which are provided and operated by third-party companies, such as Facebook’s Like Button;
• we may collect analytical information to help analyse how the Services are used. We process this information to improve our understanding, improve our Services and to compile statistical reports regarding that activity on a de-identified basis.

As a result of this, you may send to the third-party company the information that you are viewing on a certain part of our Site or Application. If you are not logged into your account with the third-party company, then the third party may not know your identity. If you are logged into your account with the third-party company, then the third party may be able to link information about your visit to our Site or Application to your account with them. Similarly, your interactions with the social plugin may be recorded by the third party.

Please refer to the third party’s privacy policy to find out more about its data practices, such as what data is collected about you and how the third party uses such data.

3.2 SENSITIVE INFORMATION (APP 4)

We only collect personal information that is reasonably necessary for us to carry out the services that we offer to you, and to ensure that we comply with all laws in relation to those services.

If we need to collect Sensitive Information (such as information relating to health, disability, criminal convictions, religious or political affiliation), or Confidential Information we will only do so where it is reasonably necessary to perform our functions and will seek your express written consent in advance. Collection of such Sensitive Information is done in accordance with the Australian Privacy Principles.

For the purposes of these terms, the term “Information” excludes Sensitive Information and Confidential Information.

4. HOW WE COLLECT INFORMATION (APP 5)

The Company collects information in a number of ways, including:

5. WHY WE COLLECT AND HOW WE USE INFORMATION (APP 6)

5.1 USE OF INFORMATION

We collect and use information for business purposes with respect to our products and services and other business relations involving our customers, including to give access to or improve functionality of our Services. We may use this Information:

• for the primary purpose of providing you with the services that you have requested from us and for other purposes for which you have consented under these terms or in separate communications with us;
• to sell to third parties. If FoodByUs undertakes or is involved in any merger, acquisition, reorganisation, sale of assets or bankruptcy or insolvency event, then we will notify you before your Personal Information is transferred and becomes subject to a different privacy policy;
• to operate, protect, improve and optimise the Site or Application, FoodByUs’s business, and our users’ experience, such as to conduct research, personalise or otherwise customise your experience, and for advertising and marketing; use in statistical reports and analysis to be used, sold or licensed to third parties. No identifying details can be contained in such reports;
• to communicate with you with respect to our Services (including updates, notices, announcements, and additional information) and update you on our activities;
• to help create and maintain a trusted and safer environment on the Site or Application and Services, such as fraud detection and prevention, conducting investigations and risk assessments, verifying your address when posting a Menu, verifying any identifications provided by you, and conducting checks against databases such as public government databases;
• to maintain and improve the functionality of our Site or Application to provide better service to our visitors and users;
• to improve our services by way of research and develop using third party services;
• to provide, including by way of sale, de-identified information in aggregated form to third parties (when your information is de-identified it is not possible to identify you or a supplier from that data);
• to provide you with support and handle requests and complaints, especially to send you service, support and administrative messages, reminders, technical notices, updates, security alerts, and information requested by you;
• where we have your consent, to send you marketing and promotional messages and other information that may be of interest to you, including information about FoodByUs or general promotions for partner campaigns and services. You can unsubscribe or opt-out from receiving these communications in your settings (in the “Account” section) when you login to your FoodByUs account;
• to administer referral programs, rewards, surveys, contests, or other promotional activities or events sponsored or managed by FoodByUs or our business partners;
• to share your submissions with other users of the Services and to facilitate communication between you, the Company and other users;
• to provide your details to relevant food regulatory authorities and bodies;

• to enforce the Terms of Service;

• to take any action in any case of dispute, or legal proceeding of any kind between you and us, or between you and other users or third parties with respect to, or in relation with the Service;
• when we are required to provide your personal information to others by law.

5.2 DISCLOSURE OF INFORMATION

Your Personal Information may be disclosed as follows:

Parts of your public profile page that contain some Personal Information may be displayed in other parts of the Site or Application to other users for marketing purposes or to the extent necessary to operate and manage referral and rewards programs.

Your public profile page will always include some minimum information such as your rating, type of food, city and neighbourhood where you make your food, your Menu description, your food making calendar details, your public profile photo and your responsiveness in replying to Buyers’ queries. Your public Menu page may also include aggregated demand information (such as number of page views over a period of time). Parts of your public Menu page may be displayed in other parts of the Site or Application to other users for marketing purposes. The Site or Application may also display your approximate geographic location on a map, such that a user can see the Menus available in a general area.

You acknowledge, consent and agree that FoodByUs may access, preserve and disclose your account information if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to (a) respond to claims asserted against FoodByUs; (b) to comply with legal process (for example, subpoenas and warrants); (c) to enforce and administer our agreements with users, such as the Terms of Service, http://www.foodbyus.com/legal/terms-conditions and this Privacy Policy; (d) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes; or (e) to protect the rights, property or personal safety of FoodByUs, its users or members of the public. We will use commercially reasonable efforts to notify users about law enforcement requests for their data unless:

• providing notice is prohibited by the legal process itself, by court order we receive, or by applicable law; or
• based on information supplied by law enforcement, we, in our sole discretion, believe: (a) that providing notice could create a risk of injury or death to an individual or group of individuals, (b) that the case involves potential harm to minors, or (c) that harm or fraud could be directed to FoodByUs, its Members, the Site or Application, or Services.

We may also publish, disclose and use information for industry and market analysis, demographic profiling, marketing and advertising, and other business purposes.

Inclusion of Profile in search engines

The Site or Application allows your public profile and public Menu pages to be included in search engines, in which case your public profile and public Menu pages will be indexed by search engines and may be published as search results. This option is enabled by default, and you may opt out of this feature by changing your settings on the Site or Application. If you change your settings or the information on your public profile or public Menu pages, third-party search engines may not update their databases quickly or at all. We do not control the practices of third-party search engines, and they may use caches containing outdated information, including any information indexed by the search engine before you change your settings or the information on your public profile or public Menu pages.

Disclosure during processing of orders

When you submit a request to order from a Menu, limited information will become visible to the Maker. When your request to order from a Menu is accepted by the Maker or when you accept a Buyer’s request to order from your Menu, we will disclose further information to the Maker or Buyer in order to facilitate the provision of the service. Your billing and payout information will never be shared with another user.

When a Buyer orders from a Menu or when a Maker sells food to the Buyer, we will ask both to review and rate one another respectively. If you choose to provide a review or rating, your review may be public on the Site or Application.

Disclosure to Third Parties

We may distribute parts of the Site or Application (including your Menu) for display on sites operated by FoodByUs’s business partners and affiliates, using technologies such as HTML widgets. If and when your Menu is displayed on a partner’s site, information from your public profile page may also be displayed.

We may allow our related entities such as our subsidiaries, and their employees, to use and process your Personal Information in the same way and to the same extent that we are permitted to under this Privacy Policy. These related entities comply with the same obligations that we have to protect your Personal Information under this Privacy Policy.

We may also engage third party companies and individuals to provide services to us, including but not limited to delivery and distribution services, administrative support services, technology services and services to help verify your identification, to conduct checks against databases such as public government databases (where legally allowed), to otherwise assist us with fraud prevention and risk assessment, to assist us with customer service, and to facilitate the payments or reimbursements you request. We may provide Personal Information about you to these third parties, or give them access to this Personal Information, for the limited purpose of allowing them to provide these services. We will ensure that such third parties have contractual obligations to protect this Personal Information and to not use it for unrelated purposes. We may also provide, including by way of sale, information about usage of our Services and Site activity in aggregated form to third parties on the basis that your information is de-identified it is not possible to identify you or a supplier from such data.

5.3 Integration with social networks

You may link your account on a third party social networking site to your FoodByUs account. We refer to a person’s contacts on these third party sites as “Friends”. When you create this linkage:

• some of the information you provide to us from the linking of your accounts may be published on your FoodByUs account profile;
• your activities on the Site or Application may be displayed to your Friends on the Site or Application and/or that third party site;
• other FoodByUs users may be able to see any common Friends that you may have with them, or that you are a Friend of their Friend if applicable;
• other FoodByUs users may be able to see any schools, hometowns or other groups you have in common with them as listed on your linked social networking site(s); and
• the information you provide to us from the linking of your accounts may be stored, processed and transmitted for fraud prevention and risk assessment purposes.

The publication and display of information that you provide to FoodByUs through this linkage is subject to your settings and authorisations on the Site or Application and the third party site.

By setting your Account to integrate with social networks including by signing onto the Company by using your social network account (such as your Facebook account), you agree to share information (including personal information) between the Company and such social networks, for the purposes provided under this Privacy Policy.

The social network’s use of information made available by the Company is governed by that social network’s privacy policy and controlled by the social network, not by this Privacy Policy or the Company.

Please note that certain information which you have defined as private on your third party social network accounts may become public to other users through the Services if you have defined such information to be public on the Services.

6. DIRECT MARKETING (APP 7)

By accepting our services and using the App, you expressly permit us and the Company group of companies to use your Information for our direct marketing purposes and the purposes expressly set out in this policy. You consent to our use of your Information to issue product and professional mail outs by email, fax, social media or letters and undertaking other marketing or service based activities.

By agreeing to these terms you also agree to allow us to provide, sell, or license your Information to third parties who may have services that could be of interest to you. If you do not wish to receive any of these materials, you may opt out at any time.

You can change your mind about receiving materials or information about our products and services at any time by contacting us.

You may opt out of any direct marketing service at any time.

7. CROSS BORDER DISCLOSURE OF PERSONAL INFORMATION (APP 8)

We may share your personal information within the Company group of companies. We may use new technologies from time to time and personal information may be stored outside Australia. We will not transfer personal information to a recipient in a foreign country unless we have appropriate protections in place as required by the relevant privacy laws. Your information will be stored on our data base for such period of time as required by law.

8. IDENTIFIERS (APP 9)

We will use our own identifiers and not those assigned by the government unless we are required to do so, or the Australian Privacy Principles or other law legislates us to do so.

9. ACCURACY OF PERSONAL INFORMATION (APP 10)

We will take all reasonable steps to ensure that the information we collect, use and disclose is accurate, up-to-date and complete. Please contact us if there is a change in your circumstances that requires an update to be made to our data. Following verification of your identity, we will correct or update your personal information within a reasonable time frame in the manner we describe below.

10. SECURITY OF DATA (APP 11)

How we protect Information

We will take all reasonable steps to protect the information we hold from misuse, interference and loss, and from unauthorised access, modification or disclosure. When information is no longer needed we will destroy or de-identify it.

We require our employees to protect the confidentiality of information as required by applicable law. Access to information by our employees is limited to administering, offering, servicing, processing or maintaining our products and services. We also maintain physical, electronic and procedural safeguards designed to protect information. When we share or provide information to other persons or organisations, we contractually obligate them, if required by law, to treat information as confidential and conform to our privacy policy and applicable laws and regulations.

11. CORRECTION AND ACCESS TO INFORMATION (APP 12)

You may review, update, correct or delete the Personal Information in your FoodByUs account. If you would like to correct your information or cancel your FoodByUs account entirely, you can do so by logging in to your account. Please also note that any reviews, forum postings and similar materials posted by you may continue to be publicly available on the Site or Application in association with your first name, even after your FoodByUs account is cancelled.

There are some circumstances where we can refuse to give access to Information. These include where giving access to the Information would:

The other exceptions are detailed in the Australian Privacy Principles. If we deny access to information, we will give you our reasons for denying access.

12. COMPLAINTS AND FURTHER INFORMATION

If you have a concern about how we deal with privacy issues you can contact us for initial review and consideration, or, if still not satisfied, the Office of the Australian Information Commissioner:

Office of the Australian Information Commissioner

GPO Box 5218

Sydney

NSW 2001

Telephone: 1300 363 992

Website or application: www.oaic.gov.au

Email: enquiries@oaic.gov.au

13. PRIVACY WHEN YOU ACCESS THIRD-PARTY WEBSITES AND RESOURCES

The Site or Application will contain links to other websites not owned or controlled by FoodByUs. FoodByUs does not have any control over third party websites. These other websites may place their own cookies, web beacons or other files on your device, or collect and solicit Personal Information from you. They will have their own rules about the collection, use and disclosure of Personal Information. We encourage you to read the terms of use and privacy policies of the other websites that you visit.

Some portions of the Site or Application may implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to Google’s terms of use and Google’s privacy policy as may be amended by Google from time to time.

14. SPECIAL FEATURES AND PROGRAMS

14.1 REFERRAL SERVICE AND REQUESTING REFERENCES

The Site or Application may provide a referral service that allows you to invite your friends and contacts to use the Site or Application. The Site or Application may also allow you to ask your friends and contacts to write a reference for you, to be published on your FoodByUs profile.

We may integrate the Site or Application with third party sites such as Facebook, so that you can send invitation messages or requests for references via the third party site itself. These messages will be sent by the third party site, and FoodByUs does not collect or retain the contact information that is used to send them.

You may also send invitation/request emails via the Site or Application itself, in which case we will ask you for the contact information to which to send your invitation/request. You can type in the email addresses or other contact information manually, or you can choose to import the contacts in your address book(s). In both cases, we may use and store this information for the sole purposes of allowing you to send your friends and contacts an invitation or request for a reference, and for fraud detection and prevention. With respect to referrals, we will also store the email addresses of your invitees to track if your friend joins FoodByUs in response to your referral.

If you request us to import your contacts, we will collect, but not store, the username and password for the email account you wish to import your contacts from. We will use this information only for the purpose of importing your contacts.

14.2 AFFILIATE PROGRAM

If you are allowed to join FoodByUs’s Affiliate Program (see http://www.foodbyus.com) and you sign up for it, you will have to provide us with certain Personal Information to enable us to provide the Affiliate Program to you.

15. DEFINITIONS

Where the definition of a term does not appear in this Privacy Policy (such as “Menu”, “Maker”, “Services” etc.), it shall be given its definition as outlined in Terms of Service.