Eatability Privacy Policy

Modifications last made: 6 May 2013

This Privacy Policy ('Policy') describes the policies of 'Eatability' ('Us', 'We') in relation to the management of information collected on the Eatability website, mobile site and applications for devices ('Eatability'). It includes information on how We collect, use, disclose and keep secure the Personal Information of Eatability users ('You').

In this Policy, 'Personal Information' is information or opinion about an individual whose identity is apparent or can be reasonably ascertained from the information. As such, the Policy is applicable only to registered users of Eatability.

This Policy has been drafted having regard to Our obligations under the Privacy Act 1988 (including the National Privacy Principles) ('Privacy Act').

1. Collection

1.1    We will only collect Personal Information where the information is necessary for Us to perform one or more of our functions or activities.

1.2    We collect Personal Information primarily to: (i) monitor and moderate behaviour on Eatability; (ii) customise Eatability to suit Your preferences and behaviour; and (iii) improve the quality of Eatability. We also collect and use Personal Information for secondary purposes including:

    (i)   to provide targeted and behavioural advertising on Eatability;
    (ii)   for business planning and product development;
    (iii)   to provide You with information about promotions; and
    (iv)   to improve the quality of Eatability.

1.3    We will not collect Sensitive Information about You except with Your consent and only where it is necessary for us to collect such information for an activity or function. In this Policy, 'Sensitive Information' is Personal Information relating to racial or ethnic origin, political opinions, membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual preferences or practices, criminal record, health information about an individual or genetic information.

1.4    We will not collect Personal Information secretly or in an underhanded way.

1.5    We use Google Analytics and Nielsen SiteCensus, which collect information about Your activities on Eatability via cookies and uses this information to anonymously track and report on how You use Eatability. Our use of Google Analytics is governed by the Google Analytics Terms of Service. Our use of Nielsen SiteCensus is governed by the Nielsen Online Measurement products Terms of Service and Privacy Policy.

1.6    If You do not provide Your Personal Information to us, We will not be able to customise Eatability for You and provide information and content most likely to be of interest to You.

2. Use

2.1    We use Personal Information for the purposes listed in paragraph 1.2 above.

2.2    We will not use Your Personal Information to send You direct marketing, apart from the regular Eatability newsletter that registered users of Eatability subscribe to and in accordance with paragraph 2.3. You may opt out of receiving the regular newsletter at any time.

2.3    We may communicate with You electronically about matters associated with Your use of Eatability (which may include, but are not limited to, administrative matters, technical issues and requests to do online surveys). These messages may include marketing. You consent to receiving such messages.

2.4    We will not use Sensitive Information for direct marketing.

2.5    We may use or disclose Personal Information in order to avoid an imminent threat to a person's life or to public safety. We may also use or disclose Personal Information in order to assist law enforcement or conduct internal investigations into actual or suspected unlawful activities.

2.6    We will take reasonable steps to ensure that all Personal Information held is accurate, complete and up to date.

2.7    We use cookies and similar technology ('Cookies') within Eatability, to collect information about You and how You use Eatability. You may use Your browser to disable Cookies but this may impact Your ability to use Eatability. We will not, without Your consent, attempt to match de-identified or anonymous data collected through surveys or Cookies with information identifying an individual. Cookies may reside in places that include Your computer, on Eatability or in emails that We send to Eatability users.

2.8    We may use a third party to serve advertising on Eatability. We will not disclose any Personal Information to this third party. We may however disclose to this third party the particular content that is viewed on Eatability at a particular time so that the advertising served can be more relevant to the preferences of the viewer.

3. Disclosure

3.1    We may disclose Personal Information to unrelated third parties if You consent to such disclosure (including, for example, by uploading content containing Personal Information to Eatability, in accordance the Eatability Terms of Use).

3.2    We may disclose Personal Information to our Related Bodies Corporate (as defined in the Corporations Act 2001 (Cth)). Where information is disclosed to such a Related Body Corporate, that Related Body Corporate is bound by the original primary or secondary purpose for which the information was collected.

3.3    We may disclose Personal Information to outsourced service providers on the basis that any such provider may not access, disclose or use the information for any purpose other than providing the services to us and/or as required by law.

3.4    We may disclose Personal Information to law enforcement agencies, government agencies and/or courts where required by law. We may disclose Personal Information to external advisers, a potential purchaser or purchaser of Eatability subject to a confidentiality undertaking where reasonably required for the conduct of its business.

3.5    We may disclose Personal Information to avoid an imminent threat to a person's life or to public safety.

3.6    If a disclosure is not for a purpose listed in paragraph 1.2 or if Your consent has not been obtained, We will not disclose Personal Information otherwise than in accordance with the exceptions set out in paragraphs 3.1 to 3.5 above.

3.7    We will not sell or share our customer lists on a commercial basis with third parties unless You consent. If Your consent is conditional, We will take steps to ensure (by contract) that the use of its customer list by third parties does not exceed the scope of the consent.

4. Information quality

4.1 We will review, on a regular and ongoing basis, its collection and storage practices to ascertain how improvements to accuracy can be achieved.

4.2 Unless the law requires otherwise, We will take steps to destroy or de-identify Personal Information after as short a time as possible and after a maximum of seven years once the Personal Information is no longer required.

5. Information security

5.1    We require employees and contractors to perform their duties in a manner that is consistent with our legal responsibilities in relation to privacy.

5.2    We will take all reasonable steps to ensure that paper and electronic records containing Personal Information are stored in facilities that are only accessible by people within our organisation who "need to know".

5.3    We will review, on a regular and ongoing basis, Our information security practices to ascertain how ongoing responsibilities can be achieved and maintained.

6. Access and correction

6.1    We will allow You to access its records of Your Personal Information in accordance with the Privacy Act.

6.2    If You request, We will correct its records of Your Personal Information as soon as practically possible in accordance with the Privacy Act.

6.3    If You wish to lodge a request to access and/or correct Your Personal Information, You should do so by contacting Eatability Customer Service, as per the details at the end of this Policy.

6.4    We will not normally charge a fee for processing an access request unless the request is complex or resource intensive. We do, however, reserve the right to charge a $25.00 administration fee if You request access to Your Personal Information more than once in any three month period.

6.5    Where We offer on-line account management facilities, You can use this capability to control aspects of Your account, including amending or updating certain Personal Information.

7. Openness

Eatability Customer Service representatives will be the first point of contact for enquiries about privacy issues. If You wish to make an inquiry or complaint regarding privacy, You should do so by contacting Eatability Customer Service, as per the details at the end of this Policy.

8. Anonymous transactions

We will not make it mandatory for visitors to Eatability to provide Personal Information unless such Personal Information is required to answer an inquiry or provide a service. We may however request visitors to provide Personal Information voluntarily to us (for example, as part of a competition or questionnaire).

9. Transferring personal information overseas

9.1    Eatability, including data that You provide as part of Your use of Eatability, is hosted in the US by a third party engaged by Us.

9.2    The technical team working on Eatability are located in Australia, United Kingdom, Russia, Singapore and the Philippines. The moderators of Eatability are located in Australia, the Philippines and Malaysia.

9.3    By providing Personal Information to us, You consent to us transferring Your information outside of Australia, as described in paragraphs 9.1 and 9.2 above.

10. Contacting Eatability

If You require further information regarding the Eatability Privacy Policy, You can contact Eatability Customer Service Centre at eatwell@eatability.com.au.