Privacy Policy
Effective: August 2024
We at Foodhub understand that your privacy is important to you and that
you care about how your personal data is used and shared online. We respect
and value the privacy of everyone who visits our website
www.foodhub.com.au
App or uses our Platform services (collectively our "Site"). We will only collect and use personal data in ways that are described in this Privacy Policy, and in a manner that is consistent with our obligations and your rights under the Privacy Act 1998 and the Australian Privacy Principles (“APP”), or a registered APP code (together, the “Privacy Law”).
Our Platform services include: (i) related mobile sites and mobile application(s); (ii) in-store kiosks and other online services, (iii) our use of the Third Party Point of Sale (Third Party POS) system to run aspects of our mobile application(s), and (iv) any other properties, programs, tools or technology now or in the future, in each case, that reference this Privacy Policy. Our Platform services also includes collectively the Site, Platform, online and support services Foodhub provides to its Merchants and Customers in accordance with the respective agreements entered into between both parties, which reference this Privacy Policy.
This Privacy Policy does not cover or address the privacy practices of each Merchant's own business, including their authorized licensees and franchisees, who are available on our Site, or our privacy practices relating to the personal information of job applicants, employees, Delivery Partners, and other personnel who may be involved with this. If you see any undefined term in this Privacy Policy, it has the definition specified in our Terms of Use.
Please read this Privacy Policy carefully and ensure that you understand its contents. Your acceptance of this Privacy Policy is deemed to occur upon your first use of our Site. If you do not accept and agree with this Privacy Policy, you must stop using our Site immediately.
1. Definitions and Interpretations
In this Privacy Policy, the following terms shall have the following meanings:
Contact and profile information.
“Cookie”
means a small text file placed on your computer or device by our Site
when you visit certain parts of our Site and/or when you use certain features
of our Site. Details of the Cookies used by our Site are set out in section 13 of this Privacy Policy, below;
“Personal Information"
means information or an opinion about an identified individual, or an individual who is reasonably identifiable: (a) whether the information or opinion is true or not; and (b) whether the information or opinion is recorded in a material form or not. In this case, it means personal information that you give to us via the use of our Site. This definition shall, where applicable, incorporate the definitions provided within the Privacy Law
2. Information About Us
Our Site is operated by Foodhub, a trading name of Mobile Foods Pty Ltd, a company registered in Australia under ABN: 47 150 386 628 and ACN: 150 386 628, whose registered office is at Level 14, Suite 1401, 203 Robina Town Centre, Robina, Queensland 4226. Mobile Foods Pty Ltd is wholly owned by Food Hub Group Ltd, a company incorporated and operating in the UK under company no: 12740854.
3. What Does This Policy Cover?
This Privacy Policy applies only to your use of our Site, which may contain links to other websites. These links are included for your convenience and information purposes only.
We do not endorse or approve any of the products, services, or opinions found on the other website links provided on our Site. The website links are not managed, owned or affiliated with us, and we have no control over how your data is collected, stored or used by them. We advise you to check their privacy policy first before providing any data to them.
4. Your Rights
4.1 This Privacy Policy explains how we use your personal information and an overview of your rights as data subject under the Privacy Law:
4.1.1 Open and Transparent Management of Personal Information - We will manage all your personal information in an open and transparent way;
4.1.2 Anonymity and Pseudonymity - You have the option not to identify yourself, or to use a pseudonym when using our Site, for certain matters. This option will not be available in some circumstances, such as where you place an order with us or have a query to do with an order placed, where personal information is essential for us to complete our services;
4.1.3 Collection of Personal Solicited Information - We must not collect personal information, unless it is reasonably necessary for one or more of our functions or activities, such as completing an order where your personal information will be required for payment, delivery and contacting you if there is a problem;
4.1.4 Dealing with Unsolicited Personal Information – In the unlikely event of this occurring, we must determine whether the unsolicited personal information was collected for the purpose of completing our functions or activities with you. Our assessment must be within a reasonable period of time after receiving the personal information or as soon as practicable and conclude it is lawful to hold or destroy / de-identify the information.
4.1.5 Notification of the Collection of Personal Information – Where we collect Personal Information about you, we must take such steps (if any) that are reasonable in the circumstances, to include:
4.1.5.1 providing you with a copy of this Privacy Policy;
4.1.5.2 confirming our identity and contact details to you;
4.1.5.3 confirming whether we collect your personal information from someone else, other than from you;
4.1.5.4 confirming, where applicable, whether the collection of your personal information is required or authorised to be provided by or under an Australian law or a court/tribunal order (including the name of the Australian law, or details of the court/tribunal order, that requires or authorises the collection);
4.1.5.5 confirming the purpose(s) for us collecting your personal information;
4.1.5.6 confirming the main consequences (if any) should some or all of your personal information not be collected by us;
4.1.5.7 Confirming any other entity, body or person we will disclose your personal information to;
4.1.5.8 confirming how you may complain about a possible breach of the Australian Privacy Principles (APP), or a registered APP code (if any), and how we will deal with such a complaint; and
4.1.5.9 confirming if we are likely to disclose your personal information to an overseas recipient and if so, the countries we will disclose this to and why.
4.1.6 Use or Disclosure of Personal Information - the personal information we collect from you is for a particular purpose, which is the provision of our services for ordering food online (the primary purpose). We must not use or disclose this information for another purpose (the secondary purpose), unless we have your consent or you would reasonably expect us to use or disclose the information for the secondary purpose.
4.1.7 Direct Marketing - Where we hold personal information about you, we must not use or disclose the information for direct marketing, unless the following exceptions are met:
4.1.7.1you have consented to the use or disclosure of your personal information for that purpose or it is impracticable to obtain that consent; and
4.1.7.2 we collected the information direct from you; and
4.1.7.3you would reasonably expect us to use or disclose the information for that purpose; and
4.1.7.4 we provide a simple means by which you may easily request not to receive direct marketing communications from us; and
4.1.7.5you have not made a request to stop receiving direct marketing communications from us.
4.1.8 Cross-border Disclosure of Personal Information - before we disclose any personal information about you to an overseas recipient, we must take reasonable steps, in the circumstances, to ensure that the overseas recipient does not breach the Australian Privacy Principles (other than section 4.1.1) in relation to the information. In addition, your data will be treated safely and securely and comply with the Privacy Laws.
4.1.9 Quality of Personal Information - we must take such steps (if any), as are reasonable in the circumstances, to ensure that the personal information we collect is accurate, up-to-date and complete. Also ensure that the personal information we use or disclose is, having regard to the purpose of the use or disclosure, accurate, up-to-date, complete and relevant.
4.1.10 Security of Personal Information - where we hold personal information, we must take such steps, as are reasonable in the circumstances, to protect the information from misuse, interference and loss and from unauthorised access, modification or disclosure.
4.1.11 Access to Personal Information – if we hold personal information about an individual, we must, on request by the individual, give the individual access to the information. This is referred to in this Privacy Policy as a Data Subject Access Request ("DSAR").
4.1.12 Correction of Personal Information - If we hold personal information about an individual that is inaccurate, out of date, incomplete, irrelevant or misleading or the individual requests the entity to correct the information, we must take such steps to correct that information to ensure it is accurate, up to date, complete, relevant and not misleading.
4.2 For further specific information about your rights and our obligations, please contact the Office of the Australian Information Commissioner (https://www.oaic.gov.au/) or seek professional advice.
5. What Data Do We Collect?
5.1 When you use our Site, we may choose to collect some or all of the following personal and non-personal information (please also see section 13 on our use of Cookies and similar technologies):
5.1.1 name;
5.1.2 address;
5.1.3 contact information such as email addresses and telephone numbers;
5.1.4 delivery address if you place an order with us;
5.1.5 demographic information such as postcode, preferences, and interests;
5.1.6 IP address;
5.1.7 web browser type and version; and
5.1.8 .your operating system
5.2 Please note that personal information is collected when you place an order with us through our Site for the purpose of completing your purchase, contacting you if there is a problem with the order and arranging for the delivery of your goods, if required.
5.3 When you complete an order, we may ask you for payment details such as billing information or credit or debit card information. However, all payments made via our Site go through a third-party payment processor, such as PayPal or similar. We have no access to your payment data and we are only given very basic detail for identifying and resolving any problems.
5.4 When you complete an order, a separate contractual relationship is created between you and the payment processor under their terms and conditions. Third parties provide this service and we cannot be held liable for any errors, actions, omissions or incorrect charges that may be applied by them.
6. How Do We Use Your Data?
6.1 All personal information is processed and stored securely, for no longer than is necessary, in light of the purpose(s) for which it was first collected. We will always comply with our obligations and safeguard your rights under the Privacy Law. For more details on security see section 7, below.
6.2 Our use of your personal information will always have a lawful basis, either because it is necessary for the performance of our contract with you (e.g. by placing an order with us), because you have consented to our use of your personal information (e.g. by subscribing to SMS and emails or providing consent), or because it is in our legitimate interests. Specifically, we may use your data for the following purposes:
6.2.1 Providing and managing your access to our Site;
6.2.2 Personalising and tailoring your experience on our Site;
6.2.3 Supplying our goods and services to you (please note that we require your personal information to enter into a contract with you);
6.2.4 Replying to emails or other correspondence received from you;
6.2.5 Supplying you with SMS and emails that you have consented to (you may unsubscribe using the link at the bottom of each email and SMS or you may opt-out at any time by emailing us directly at
[email protected]); and
6.2.6 Analysing your use of our Site to enable us to continually improve
our Site and your user experience.
6.3 With your permission and/or if permitted by law, we may also use your personal information for marketing purposes, which may include contacting you by email and SMS with information, news and offers on our services. We will not, however, send you any unsolicited marketing or spam and will take all reasonable steps to ensure that we fully protect your rights and comply with our obligations under the Privacy Law
6.4 Third parties whose content appears on our Site may use third party Cookies, as detailed below in section 13. Please refer to this section for more information on controlling Cookies. Please note that we do not control the activities of such third parties, nor the data they collect and use, and we advise you to check the privacy policies of any such third parties.
6.5 You have the right to withdraw your consent to us using your personal data at any time, and to request that we delete it (you may unsubscribe using the link at the bottom of each email and SMS or you may opt-out at any time by emailing us directly at
[email protected]).
6.6 We do not keep your personal data for any longer than is necessary in light of the purpose(s) for which it was first collected.
7. How Do We Store Your Data?
7.1 We only keep your personal data for as long as we need to in order
to use it as described above in section 6, and/or for as long as we have
your permission to keep it.
7.2 Data security is very important to us, and to protect your data we
have taken suitable measures to safeguard and secure data collected through
our Site.
8. Do We Share Your Data?
8.1 We may also sometimes contract with other third parties to supply
goods and services to you on our behalf. These may include, payment processors,
search engine facilities and sub-contractors. In some cases, these third
parties may require access to some or all of your data. Where any of your
data is required for such a purpose, we will take all reasonable steps
to ensure that your data will be handled safely, securely, and in accordance
with your rights, our obligations, and the obligations of the third party
under the Privacy Law.
8.2 We may compile statistics about the use of our Site including data on traffic, usage patterns, user numbers, sales, and other information. All such data will be anonymised and will not include any personal identifying information, or any anonymised data that can be combined with other data and used to identify you. We may from time to time share such data with third parties such as prospective investors, affiliates, partners, and advertisers. Data will only be shared and used within the bounds of the Privacy Law.
8.3 We may sometimes use third party data processors that are located in overseas territories. Where we are required to transfer any personal information outside of Australia to an overseas territory to meet our purpose, we will take all reasonable steps to ensure that the overseas recipient does not breach the Australian Privacy Principles (other than section 4.1.1) in relation to your information. Your data is treated safely and securely and will comply with the Privacy Laws.
8.4 In certain circumstances, we may be legally required to share certain data held by us, which may include your personal information, for example where we are involved in legal proceedings, or to comply with our legal requirements, such as a court order or a governmental authority. We will only release your personal information to these parties where we are legally required to do so.
9. What Happens If Our Business Changes Hands?
9.1 We may, from time to time, expand or reduce our business, which may involve the sale and/or the transfer of control of all or part of our business. Any personal information that you have provided relevant to the part of our business being expanded or reduced, may be transferred to the new owner or newly controlling party. They will, under the terms of this Privacy Policy, only be permitted to use that data for the same purposes as we originally collected it.
9.2 In the event that any of your data is to be transferred in such a
manner, you will not be contacted in advance and informed of the changes.
10. How Can You Control Your Data?
10.1 In addition to your rights under the Privacy Law, set out in section 4, when you submit personal information to us via email, social media or via our Site, you may be given options to restrict our use of your data. In particular, we aim to give you strong controls on our use of your data for direct marketing purposes (including the ability to opt-out of receiving SMS and emails from us which you may do by unsubscribing using the links provided in our SMS and emails, at the point of providing your details or by contacting us at
[email protected]).
11. Your Right to Withhold Information
11.1 There are areas of our Site you may use without providing any personal information to us. However, some areas of our Site may be restricted without this and not all features or functions will be made available to you, without the submission or the collection of certain data, including your personal information.
11.2 By default, most internet browsers accept Cookies but this can be customised and you have the option to restrict our use of Cookies by disabling these in your internet browser or deleting these from your device at any time. However, deleting or disabling Cookies may have an effect on the performance and efficiency of your device accessing our Site. For further details, please consult the help menu in your internet browser or consult the documentation that came with your device.
12. How Can You Access Your Data?
12.1 You have the right to submit a DSAR to us (data subject access request) and obtain a copy of your personal information held in our records (where such data is held). DSAR requests for personal information should be submitted by email to
[email protected] and clearly marked for identification purposes.
12.2 Any DSAR requests received for personal information held by us, will be acknowledged and processed within a reasonable period after the request is made. In most cases this will not exceed 30 calendar days, unless the volume of personal information held is large or complex in nature. We will advise you if this is to exceed 30 calendar days.
13. Our Use of Cookies
13.1 Our Site may place and access certain first party Cookies on your computer or device. First party Cookies are those placed directly by us and are used only by us. We use Cookies to facilitate and improve your experience of our Site and to provide and improve our services. All Cookies used on our Site are used in accordance with current Privacy Law.
13.2 Before Cookies are placed on your computer or device, you will be shown a pop-up requesting your consent to set those Cookies. By giving your consent to the placing of Cookies, you are enabling us to provide the best possible experience and service to you. You may, if you wish, deny consent to the placing of Cookies but certain features of our Site may not function fully or as intended.
13.3 Certain features of our Site depend on Cookies to function. The Privacy Law deems these Cookies to be "strictly necessary". Your consent will not be sought to place these Cookies, but it is still important that you are aware of them. You may still block these Cookies by changing your internet browser's settings as detailed below, but again our Site may not work properly if you do so. We have taken great care to ensure that your privacy is not at risk by allowing these Cookies to function.
13.4 Our Site uses Google Analytics. Website analytics refers to a set of tools to collect and analyse anonymous usage information, enabling us to better understand how our Site is used and to improve the services offered through it. You do not have to allow the use these Cookies, however they do not pose any risk to your privacy or your safe use of our Site. These Cookies do enable us to continually improve our Site, making it a better, more efficient and more of a useful experience for you. Google's privacy policy is available at:
https://www.google.com/policies/privacy/
13.5 In addition to the controls that we provide, you can choose to enable or disable Cookies in your internet browser, please see section 11.2 for more details. We recommend you keep your internet browser and operating system up-to-date and that you consult the help and guidance provided by the developer of your internet browser and manufacturer of your computer or device if you are unsure about adjusting your privacy settings.
13.6 You can choose to delete Cookies on your computer or device at any
time, however you may lose any information that enables you to access our
Site more quickly and efficiently.
13.7 It is recommended that you keep your internet browser and operating
system up-to-date and that you consult the help and guidance provided by
the developer of your internet browser and manufacturer of your computer
or device if you are unsure about adjusting your privacy settings.
14. Complaints
14.1 If you have any cause for query or complaint about our use of your personal information, please contact us by email at
[email protected]. or by logging into your account through our Site and using the Live Chat to report this.
14.2 We will always do our best to resolve any problems you have as quickly as we can. If we are unable to help or you are not happy with our response, then you also have the right to lodge a complaint with the Office of the Australian Information Commissioner (
https://www.oaic.gov.au/) or seek professional advice.
15. Contacting Us and Privacy Policy Changes
15.1 If you have any questions about our Site or this Privacy Policy, please contact us by email at
[email protected] or by logging into your account through our Site and using the Live Chat to report your query. General queries (not related to this Privacy Policy can be send to
[email protected]). Please ensure that your query is clear, particularly if it is a request for information about the data we hold about you (see section 12, above).
15.2 We may change this Privacy Policy from time to time (for example, if there are changes to the Privacy Law). Any changes will be immediately posted on our Site, and you will be deemed to have accepted the terms of the Privacy Policy on your first use of our Site following the alterations. We recommend that you check this page regularly to keep up to date.
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