Privacy Policy of HungryHungry

 

 

  1. General 

This privacy policy is the official Privacy Policy of HungryHungry Holding Pty Ltd (A.C.N 636 757 214), HungryHungry Trading Pty Ltd (A.C.N 637 773 276), HungryHungry Employment Pty Ltd (A.C.N. 637 773 203), HungryHungry IP Holding Pty Ltd (A.C.N 626 749 406), OrderMate Online Limited – NZ (NZBN:  9429046954558), and OrderMate LLC – US Entity (together, “HungryHungry”), ,  and it applies to any and all personal information provided to HungryHungry and its associated entities (together, “we”, “us” or “our”). 

 

Your privacy is important to us and we are committed to responsibly handling your personal data taking all reasonable steps to protect your information from misuse and to keep it secure in compliance with the Privacy Act 1988 (“Privacy Act”) and the EU General Data Protection Regulation (EU) 2016/679 (“GDPR”).  

 

  1. About HungryHungry

We operate websites, platforms and applications that facilitate the ordering of food and/or beverages from restaurants, bars and other hospitality businesses (each a “Venue” and together “Venues”) who directly supply food and/or beverages to you. 

 

From time to time, we may provide or facilitate other ancillary services to end customers and/or to Venues, including by connecting Venues and end customers with third party delivery services (“Delivery Providers”).

 

  1. Consent 

Your consent to this Privacy Policy is the legal basis upon which we can collect, use, store, process and disclose your personal information. 

 

You acknowledge and agree that:

 

If you do not wish to provide personal information to us, then you are not obliged to do so. However, please be aware that this will affect your use of any and all websites, platforms, applications, products or services (“Services”) offered by us.  

 

We reserve the right to review, amend, update or change this Privacy Policy from time to time to reflect our practices and obligations under the law. Any changes will take effect when they  are made or posted on our website, platform or application and you are electronically notified of the same. 

 


 

 

  1. Scope  

This Privacy Policy applies to:

 

If you do not agree to any of the provisions of this Privacy Policy, you must not use our Services or provide us with any personal information. 

 

  1. Personal Information we collect 

Personal information has the meaning given to it under your local data protection laws and generally means information which relates to an individual who can be identified from that information.

 

Where practicable, we will give you the option of interacting with us anonymously or using a pseudonym. Generally, though, to provide you with the Services you have requested, it is necessary for us to collect personal information from you. 

 

The personal information that we collect from you may include:

 

From time to time you may have the option to participate in surveys or other activities intended to improve the Services offered by us which may involve providing additional personal information. Your participation in such activities is subject to your consent. 

 

In some cases, the personal information that we collect from you may include personal information that is considered to be sensitive information under your local data protection laws (eg your allergies).   We will only collect sensitive information in compliance with the local data protection laws and/or with your consent and/or where it is reasonably necessary for or directly related to the Services that you have requested from us.  To the extent permitted by the local data protection laws you consent to us collecting that sensitive information for the purpose for which it was collected and being stored, used, processed and disclosed as set out in this Privacy Policy.

 


 

 

  1. How we collect your Personal Information 

We will only collect personal information through lawful and fair means and not in any unreasonably intrusive way. The ways we collect personal information include:

 

Whenever possible, we will collect your personal information directly from you. However, in some situations, we may also collect your personal information from a third party (eg a family member or other agent or representative). 

 

By providing your personal information to a third party, you will be deemed to have authorised that third party to provide your personal information to us. We will rely on the authority of that third party and you will be deemed to have consented to your personal information being collected by us and being stored, used, processed and disclosed as set out in this Privacy Policy.

 

If you use our Services on behalf of another person, you agree that you have obtained that person’s authority to provide the personal information and their consent for us to collect, store, use, process and disclose their personal information in accordance with this Privacy Policy. You should let us know immediately if you become aware that your personal information has been provided to us by a third party without your consent or if you did not obtain consent before providing another person’s personal information to us. 

 

Where we receive unsolicited personal information, we will determine, within a reasonable period of time, whether or not we would be permitted to collect that personal information. Where we are not permitted to do so, we will destroy that personal information or ensure it is de-identified as soon as practicable.  Otherwise, we may collect, store, use, process and disclose that personal information in accordance with the terms of this Privacy Policy.

 

  1. How we use your Personal Information

We use your personal information for the purpose for which it was provided to us, related purposes, purposes for which you consent, and as otherwise required or permitted by the local data protection laws. Such purposes include: 

In addition, you permit us to use your personal information:

 

Where permitted by local data protection laws, we may use your personal information to send you targeted electronic marketing and promotional communications related to our Services (and those of third parties) that we think may interest you, unless you have requested not to receive such information.  We will only use your personal information for targeted electronic marketing and promotional communications if you have consented to it (which consent may be express or, where permitted by local data laws, inferred).  You can opt out of receiving any targeted electronic marketing or promotional communications by following the unsubscribe prompt provided in the communication.

 

  1. When we disclose to third parties 

By using our Services and/or by providing us with your personal information (or allowing another person to do so), you acknowledge and consent to us disclosing some or all of your personal information to third parties in accordance with this Privacy Policy and in accordance with local data protection laws. This includes disclosure of your personal information and details:

 

From time to time, we may also provide summarised or aggregate, non-personal data to third parties for business research, internal marketing to existing Venues and Delivery Partners and/or external marketing purposes (including but not limited to recruiting new Venues and Delivery Partners or exploring other ancillary opportunities).

 

Without your consent, we will not disclose your personal information to any third party (except for those described above), unless such disclosure is required by local data protection laws or the GDPR and/or where we reasonably believe that it is necessary to lessen or prevent a threat to life, health or safety or for action to be undertaken by an enforcement body, or where allowed to do so in accordance with the local data protection laws.

 

  1. How we disclose to third parties

 

At all times, with respect to the disclosure of your information to third parties described in clause 8, the third parties that we disclose your personal information to:

 

To the maximum extent provided by the relevant laws, we are not responsible or liable for the protection and privacy of any personal information which is provided to third parties. This means that, where your personal information has been disclosed, you accept and agree that the disclosed personal information will be held by third parties and may be used by them in accordance with  the Privacy Act and any privacy policy they may have and in such circumstances, the third party recipient will be solely responsible for their use of this personal information.

 

  1. Overseas disclosure

We may disclose your personal information to our related bodies corporate and external service providers located overseas for some of the purposes listed in this Privacy Policy, including by disclosing information to our data hosting and Cloud-based IT service providers and other external service providers located in the United States of America. Where we do so, we take the steps referred to under clause 8 to ensure that the overseas recipients of your personal information do not breach the privacy obligations relating to your personal information.

 

  1. Information Processing

Processing your personal information is lawfully undertaken by us:

 

  1. Storage and Security 

We take all reasonable and lawful steps to keep personal information secure, accurate and up to date and only retain your personal information for as long as reasonably required to satisfy the purpose for which they were collected and used (unless a longer period is necessary for our legal obligations or to defend a legal claim). This means that:

 

We will take reasonable steps to protect your personal information as you transmit your information from your electronic device to us and to protect such information from loss, misuse, and unauthorised access, use, modification, disclosure, alteration, or destruction. However, electronic transmission of information is never completely secure or error-free.  As a result, while we strive to protect users' personal information, we cannot ensure or warrant the security of any information electronically transmitted by a user, and users provide their personal information at their own risk. To the maximum extent provided by the relevant laws, we are not responsible or liable for the electronic transmission of personal information to us or to third parties

 

 

  1. Cookies and Geolocation Statement

A cookie is a small data file that is placed on your computer or mobile device when you visit a website. Website owners widely use cookies in order to make their websites work, or to work more efficiently, as well as to provide reporting information. We and our third party providers use cookies to: 

 

Additionally, when you use our Services, we may collect information about the location from which that use occurred (this will be in accordance with the settings of your particular device). This location data may be used by us for the purposes of personalising messaging and or offers. 

 

You may elect to disable cookies and/or geolocation sharing at any time. In such circumstances, you may still be able to utilise some of our Services (however, some functionality may be limited).

 

  1. Your Data Protection Rights 

 

  1. Complaints 

Formal complaints about a breach of this Privacy Policy must be made in writing. We reserve the right to request any supporting evidence and/or information to substantiate the complaint/breach. 

 

We will refer your complaint to the responsible officer at  HungryHungry, who will investigate the issue and determine the steps we will undertake to resolve your complaint. We will contact you if we require any additional information from you and will notify you in writing of the determination in relation to your complaint. 

 

If you are not satisfied with our determination, you can contact us to discuss your concerns or make a formal complaint. 

 

  1. Other Websites 

The Services we operate may contain links to other websites ("Third Party Links"). We do not endorse such Third Party Links and are not responsible for any content contained therein. If you decide to access any Third Party Links, you do so entirely at your own risk. 

 

  1. Social Media

From time to time, our Services may utilise social media integrations and functionality. Where, these social media functions are incorporated into our Services, the features may be hosted and/or operated by a third party social media operator. By using this functionality, you agree and accept that we (and if applicable, the third party operator) may collect information with regard to your use of that functionality.

 

Additionally, where you have an account with a third party social media operator, you acknowledge that the third party operators may combine or integrate your use of our Services with your account.

 

In some circumstances:

 

  1. How to contact us  

If you have any questions or concerns about this Privacy Policy or its implementation, or wish to contact us in relation to your data protection rights, you may contact:

 

HungryHungry’s Privacy Officer:

Mailing address:  59 Fennell Street, Port Melbourne 3207

Telephone:  +61 1300 667 067

Email:   help@hungryhungry.com

 

 

Should you wish to read more information on privacy legislation or the Australian Privacy Principles we recommend that you visit the web-site of the office of the Australian Information Commissioner at www.oaic.gov.au.