This policy sets out: what is considered personal information; what personal information we collect and hold; how we collect, hold, use or disclose personal information; the purposes for which we collect personal information; what happens if we are not able to collect personal information; how to seek access to and correct your personal information; whether we disclose personal information outside Australia; and how to contact us.1.2.
Opaala respects the rights and privacy of all individuals and is committed to complying with the Privacy Act 1988 (Cth) (the Act) and the Australian Privacy Principles and protecting the personal information we hold.1.3.
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 our Website.2. WHAT IS PERSONAL INFORMATION?
When used in this policy, the term â€œpersonal informationâ€ has the meaning given to it in the Act. In general terms, it is any information that can be used to personally identify you. This may include (but is not limited to) your name, age, gender, postcode and contact details (including phone numbers and email addresses) and possibly financial information, including your credit card or direct debit account information. If the information we collect personally identifies you, or you are reasonably identifiable from it, the information will be considered personal information.3. WHAT PERSONAL INFORMATION DOES OPAALA COLLECT AND HOLD
We collect the type of personal information required to assist with providing you with access to the Website and its associated functionality.3.3.
This may include personal information such as: Personal or Company name; email address; telephone number; age or birth date; details of what you have looked at or purchased from a venue; any additional information relating to you that you provide to us directly through our website, by phone, email, surveys, or in person, or information you have provided indirectly through use of our Website or online presence through our representatives or otherwise;3.3.
This may include personal information such as: Personal or Company name; mailing or street address; email address; telephone number; age or birth date; occupation; details of what you have looked at or purchased from a venue; any additional information relating to you that you provide to us directly through our website, by phone, email, surveys, or in person, or information you have provided indirectly through use of our Website or online presence through our representatives or otherwise;4. HOW AND WHY DOES OPAALA COLLECT PERSONAL INFORMATION?
We collect your personal information directly from you unless it is unreasonable or impractical to do so. We do this in ways including: when you register as a user of the Website; via your access and use of our Website; via someone else who has provided us with your information; and during conversations between you and us via phone or email (if any).4.2.
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.4.3.
We may also provide your information to third parties engaged by Opaala to perform functions on its behalf, such as processing credit card information, as well as third parties authorised by you to receive information held by Opaala.4.4.
We may collect and disclose personal information to third parties for the purposes described in this policy. These purposes include but are not limited to: efficient communications between you and Opaala. secure storage and management of your files to allow Opaala to provide you proper access to the Website.4.5.
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.4.6.
We generally collect personal information as part of providing you with access to Website, for the venue to contact you about your meal, informing you about them, 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 Opaalaâ€™s activities that may be of interest to you.4.7.
We may use your personal information for those purposes, in developing, maintaining or updating the system accessed by You through the Website or in any other way if we ask for your consent first.4.8.
We may disclose your personal information to: our employees, contractors, licensees or external service providers for the operation of our website or our business, fulfilling requests by you, including without limitation IT systems administrators or payment processors; specific third parties authorised by you to receive information held by us (e.g. a venue that you have opted in to marketing information from) the police, 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).5. WHAT HAPPENS IF WE CANâ€™T COLLECT YOUR PERSONAL INFORMATION?
Where practical, you may choose not to identify yourself.5.2.
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, either to the same standard as if you had provided the required personal information, or at all.6. USE OF FINANCIAL INFORMATION
If you use our Website to make purchases or other financial transactions (such as payment of invoices through the Website for products or services you purchase from a third party user or venue), we may collect information about the purchase or transaction. This includes payment information, such as your credit card or debit card number, billing details and other account and contact information (Financial Information).6.2.
We will only collect Financial Information from you with your prior knowledge and consent. You can access and browse our Website without disclosing Financial Information.6.3.
We use your Financial Information solely to process payments for products or services you request or purchase through the use of our Website. We only use and retain your Financial Information to complete payments you initiate, any Financial Information that is collected is solely for the purpose of transaction approval and the transfer of funds.6.4.
We provide data encryption throughout the payment process and only share your Financial Information with your credit card provider, third party payment processor or financial institution to process payments. The Financial Information we collect from you is strictly confidential and held on secured servers in controlled facilities.6.5.
We do not retain your Financial Information after the transaction is complete, unless you check a box through which you ask us to save your Financial Information for future product purchases or payments. If you do check that box, we will retain your Financial Information until you contact us and ask that we remove it from our databases.6.6.
We may use third party agents to manage online payment processing. These agents are not permitted to store, retain, or use your Financial Information or other personally identifiable information, except for the sole purpose of payment processing on our behalf. Any third party agent used by us is not authorized to use your Financial Information in any way other than to process payments and is required to keep any Financial Information it uses or collects confidential.7. DIRECT MARKETING MATERIALS
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.7.2.
In addition, at any time, you may opt-out of receiving marketing communications from us by contacting us (details below) or by using the opt-out facilities provided (e.g. an unsubscribe link). We will then ensure that your name is removed from our mailing list. We do not provide your personal information to other organisations for the purposes of direct marketing unless expressly authorised by you.7.3.
Even if you do opt out of receiving marketing communications from us, you agree that we may still send you information relevant to the supply of any services arranged by us or goods or services purchased by you through our Website.7.4.
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 using the details provided below.8. THIRD PARTY HOSTING
Our Website is hosted by third party service providers.8.2.
In order for Opaala to allow you access to the Website, we at times may allow access to personal information to third party providers.8.3.
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. HOW CAN YOU ACCESS AND CORRECT YOUR PERSONAL INFORMATION
You may request access to any personal information we hold about you at any time by contacting us at [email protected]9.2.
Where we hold information that you are entitled to access, we will try to provide you with suitable means of accessing it (for example, by mailing or emailing it to you). We will not charge for simply making a request and will not charge for making any corrections to your personal information. 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.9.3.
If you believe that personal information we hold about you is incorrect, incomplete or inaccurate, then you may request us to amend it. We will consider if the information requires amendment. If we do not agree that there are grounds for amendment, then we will add a note to the personal information stating that you disagree with it.9.4.
We request that you keep your information as current as possible so that we may continue to improve our service to you.11. HOW WILL OPAALA MAKE SURE YOUR PERSONAL INFORMATION IS SECURE?
We will take all reasonable steps to protect the personal information that we hold from misuse, loss, or unauthorised access, including by means of firewalls, password access, secure servers and encryption of credit card transactions.11.2.
If you suspect any misuse or loss of, or unauthorised access to, your personal information, please let us know immediately.11.3.
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. If we determine that the breach is likely to result in serious harm to you and we are unable to prevent the likely risk of serious harm with remedial action, we will take action in accordance with the Privacy Act 1988 (Cth).11.4.
When you use our Website, Opaala or our service providers may obtain information using technologies such as cookies, tags, web beacons, and navigational data collection (log files, server logs, and clickstream data) to better understand your user experience. For example, Opaala or our service providers may collect information like the date, time and duration of visits and which webpages are accessed.12.2.
When you access our Website, we may send a â€œcookieâ€ (which is a small summary file containing a unique ID number) to your computer or mobile device. This enables us to recognise your computer or device and greet you each time you visit our Website, without bothering you with a request to register or log-in. It also helps us keep track of products or services you view, so that we can send you news about those products or services.12.3.
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.12.5.
This information is generally not linked to your identity, except where it is accessed via links in Opaala emails or where you have identified yourself. 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.13. HOW WILL Opaala MAKE SURE YOUR PERSONAL INFORMATION IS SECURE?
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.