Privacy policy

 

This privacy policy (Privacy Policy) sets out how CakerHQ Pty Ltd ABN 86 655 681 404 and its related bodies corporate (as defined in the Corporations Act 2001 (Cth)) (we, our, us) collects, stores, uses, protects, shares and discloses your personal information.

This Privacy Policy applies to our website located at cakerhq.com and its related services, products, websites, social media pages, tools and applications (together the Website). By visiting or using the Website you agree to the collection, storage, usage and disclosure of your personal information by us in the manner described in this Privacy Policy. 

Capitalised words in this Privacy Policy have the same meaning as in the Marketplace Terms and Conditions available on the Website.

As part of delivering our services we may collect personal information about you as defined under the Privacy Act 1988 (Privacy Act). We will only collect personal information where it is reasonably necessary for the performance of our functions or activities. The personal information we collect may include the following:

·       Account information: this includes information that we collect when you register to use our Website by creating an Account. The information we collect includes your name, email address, and other contact details and any other information you directly give us at the registration stage.

·       User information: this includes information that we collect in order to fulfil the provision of the Services to you and otherwise assist us in facilitating Users to connect with Cake Makers and for the purchase of Products:

o   For Cake Makers: the information we collect includes information of any Product you list on the Website and any additional information provided to us such as your contact details or other information you make available on your Profile, including without limitation your personal or business Instagram account details.

o   For Users: the information we collect includes your name, address, and any other details provided to us when you make an enquiry or purchase a Product. This may also include allergen information, which may fall under sensitive information under the Privacy Act. Sensitive information is subject to a higher level of privacy protection than other personal information.

·       Profile information: this includes any information you choose to store on the Website under your Profile.

·       Financial information: this includes information such as payment card details and bank account details. We use this information to send to our third party payment gateways when you make payment through the Website, or otherwise subscribe to our Services.

·       Website use information: When you use our Website, for example when you contact us, we collect information that enables the Website to function properly.

·       Marketing use information: this includes information provided to us using a marketing or newsletter sign up form.

·       Surveys: information in connection with client surveys, questionnaires and promotions.

·       Other information we collect related to your use of the Website: your device identity and type, I.P. address, geo-location information, page view statistics, advertising data and standard web log information and any other information provided by you to us via our Website or our online presence, or otherwise required by us or provided by you.

 

We may collect personal information either directly from you, or from third parties, including where:

·       you register or sign up to the Website;

·       you use the Website to enter in content including:

o   when you create a Profile or Listing;

o   you enquire or make an offer for Products on the Website (and correspondence between Users in the creation of quotes); or

o   you use the Website to leave a review;

·       you provide information directly to us through the Services or on a hardcopy form;

·       you use the Website generally;

·       you subscribe to any of our newsletters;

·       you contact us through our Website, in person, by phone or in writing;

·       you submit any of our online sign up forms;

·       you deal with us generally via email, telephone, SMS, social applications (such as LinkedIn, Facebook or Twitter) or otherwise;

·       you interact with our Website, social applications, services, content and advertising; and

·       you invest in our business or enquire as to a potential purchase of our business.

We may also collect your personal information from third parties including:

·       third parties who produce any content, advertising, and marketing campaigns for us that you may interact with; and

·       our other service providers and publicly available sources.

Where we collect your personal information from a third party, we will take reasonable steps to ensure that you are made aware of the information provided to us by the third party. By providing personal information about another person to us, you represent that you are legally permitted to do so, and we will not be responsible for verifying any such authorisation.

Cookies & data tracking technologies

We may also collect personal information from you when you use or access our Services or our social media pages. This may be done through the use of web analytics tools, 'cookies' or other similar tracking technologies that allow us to track and analyse your Services usage. Cookies are small files that store information on your computer, mobile phone or other device and enable and allow the creator of the cookie to identify when you visit different websites. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience of the Service. Persistent cookies can be removed by following Internet browser help file directions. Cookies may enable automatic logins when you visit in the future and may enable content customisation.

We may also use third party vendor tracking cookies, including:

·       Google Analytics and AdWords tracking cookie; and

·       Meta (Facebook) pixels; and

·       Mailchimp pixel and tracking cookie.

You can opt-out of Google's use of cookies or device identifiers by visiting Google's Ads Settings. Alternatively, you may visit the Network Advertising Initiative opt-out page or control the use of device identifiers by using your device’s settings.

Third parties as set out above may use cookies, web beacons, and other storage technologies to collect or receive information from the Service and elsewhere on the internet and use that information to provide measurement services and target ads. You can opt out of the collection and use of information for ad targeting using aboutads.info/choices.

We collect and use your personal information for the following purposes:

·       to operate the Website and provide services or information to you including to:

o   assist in streaming and personalising information for you;

o   facilitate the interaction between Users including the entering of contracts between Users;

o   enable us to process your personal data;

o   to manage our relationship with you, including information about similar products or terms and conditions or send you an email reminder that a task you have performed on our Website remains uncompleted such an incomplete form or cart;

o   enable you to communicate with us regarding your use of the Website;

o   confirm your identity;

o   to provide information about you to our contractors, employees, consultants, agents or other third parties for the purpose of providing the services to you;

o   communicate with you about your Account, or any transaction;

·       to be de-identified for the purposes of generating statistical data and improving the Website;

·       for record keeping and administrative purposes, including accounting purposes;

·       to administer, operate, protect, improve and optimise the website and our service offerings and customer experience;

·       for advertising and marketing purposes (including for analytics);

·       to comply with our legal obligations, resolve disputes or enforce our agreements with third parties;

·       to enable you to take part in a competition;

·       to send you marketing and promotional messages and other information that may be of interest to you and for the purpose of direct marketing (in accordance with the Spam Act 2003 (Cth)). In this regard, we may use email, SMS, social media or mail to send you direct marketing communications. You can opt out of receiving marketing materials from us by using the opt-out facility provided (e.g. an unsubscribe link);

·       for quality, training and coaching purposes;

·       to send you administrative messages, reminders, technical notices, updates, security alerts, and other information about our products and services requested by you; and

·       to consider an application of employment from you.

You acknowledge and agree that we may also deal with your personal information in any other manner which is permitted by any agreement that we have in place with you, or otherwise in accordance with our other policies we have in place from time to time.

We may disclose your personal information to third parties for the purposes contained in this Privacy Policy, including without limitation to:

Service Providers

We may share your personal information with service providers utilised by us in the provision of the Services to:

•                 develop and improve our Services;

•                 provide you with the Services;

•                 conduct quality assurance testing;

•                 provide support; and/or

•                 provide other services to us.

The service providers (and if necessary data processors) include:

•                 information technology service providers such as web host providers and analytical providers;

•                 organisations who carry out credit, fraud and other security checks;

•                 payment processors;

•                 hosting services;

•                 content delivery services;

•                 IT support providers;

•                 marketing businesses engaged by us to disseminate materials to which recipients have consented; and

•                 specialist consultants.

We limit the information we provide to third parties to the information they need to help us provide or facilitate the provision of goods and services and associated purposes. We deal with third parties that are required to meet the privacy standards required by law in handling your personal information, and use your personal information only for the purposes that we give it to them.

Affiliates and Acquisitions

We may share some or all of your personal information with our parent company, subsidiaries, joint ventures, or other companies under a common control (Affiliates), in which case we will require our Affiliates to honour this Privacy Policy. In the event we are involved in a merger, acquisition or sale of assets we may disclose personal information collected by us to such entities that we propose to merge with or be acquired by, and will assume the rights and obligations regarding your personal information as described in this Privacy Policy.

Third parties with your consent and in other circumstances

We may also disclose your personal information to third parties to whom you expressly ask us to send the personal information to, or to third parties where permitted under the Privacy Act or where required in order to provide our Services to you. This also includes:

•                 other Users when you are using the Website, or otherwise make your details available on the Website including:

o   in the case of Cake Makers, we will share the information you provide us with the relevant User;

o   in the case of Users, we will share the information you provide us with the relevant Cake Maker upon your enquiry being sent;

o   in certain circumstances Users may report other Users and provide us with information about that other User;

•                 your authorised representatives;

•                 government and regulatory authorities and other similar organisations, as required or authorised by law or as required as part of the Services; and

•                 such entities that we propose to merge with or be acquired by.

Any information that you post or share or otherwise disclose to the Website or our social media platforms, becomes available to the public, as controlled by any applicable privacy settings you set. For example, for Cake Makers, any information you make available on your Profile may be publicly searchable by other Users. Please note that others may also share your content or share content about you. Anything that you share on the Website or on social media platforms is at your own risk.

We may need to disclose your information to third parties outside of Australia and service providers located internationally in order to enable us to provide the Services, this includes service providers and contractors who are located overseas (telephone answering service, data analytics, IT services) and data processing services.

Where we use a supplier outside of Australia, we will take reasonable steps in the circumstances to ensure that such overseas recipient does not breach the Australian Privacy Principles (except where such steps are not required under the Privacy Act).

We may also aggregate and/or make anonymous your personal information including sensitive information to make it available for the purposes of generating statistical data for the conducting of research and improving the Services.

Where you leave a review of our Services, or if you tag us in any of your own material (including any social media post on your personal account) you grant us a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate and create derivative works from, distribute and display such content through the world in any media.

In order to provide the Services to you, you agree to receiving emails from us for the following purposes:

·       notifications about activity on the Services (which are set on by default) including order updates, recommendations, and general updates;

·       communication from us or our representatives in connection with the Services;

·       communications from other Users in connection with the Services; and

·       marketing and promotional messages and other information that may be of interest to you and for the purpose of direct marketing. This includes where you have signed up to our marketing or promotional newsletters.

By default you will receive these email notifications to your email address you nominate at registration.

We use Amazon Web Services as our provider for hosting, data storage and other services.

We take reasonable steps to ensure your personal information is secure and protected from misuse or unauthorised access. Our information technology systems are password protected, and we use a range of administrative and technical measures to protect these systems. However, we cannot guarantee the security of your personal information.

We will retain your personal information for the period necessary to fulfil the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law.

Our Services may contain links to other websites. Those links are provided for convenience and may not remain current or be maintained. We are not responsible for the privacy practices of those linked websites and we suggest you review the privacy policies of those websites before using them.

Subject to the Privacy Act, you have a right to access and correct any personal information about you that we may hold. If you wish to request access to the personal information, we hold about you, please contact us using the contact details set out below including your name and contact details. We may need to verify your identity before providing you with your personal information. In some cases, we may be unable to provide you with access to all your personal information and where this occurs, we will explain why. We will deal with all requests for access to personal information within a reasonable timeframe.

If you think that any personal information we hold about you is inaccurate, please contact us using the contact details set out below and we will take reasonable steps to ensure that it is corrected.

If we receive a request from you to access or correct personal information we will respond to you within a reasonable time after receiving your request and in the manner requested by you, if it is reasonable and practicable for us to do so. We may charge a reasonable fee for giving access to the information.

If you do not provide us with the personal information described above, some or all of the following may happen:

·       we may not be able to provide the Website to you, either to the same standard or at all;

·       we may not be able to provide you with information about the Website that you may want; or

·       we may be unable to tailor the content of our Website to your preferences and your experience of our services may not be as enjoyable or useful.

In the event that there is a data breach and we are required to comply with the notification of eligible data breaches provisions in Part IIIC of the Privacy Act or any other subsequent sections or legislation which supersede this Part IIIC, we will follow our relevant notifiable data breach procedures in compliance with the Privacy Act and relevant laws.

This Privacy Policy may be updated by us from time to time, and the updated Privacy Policy will apply from the date it is published on our website or otherwise communicated to you.  Each time you use our website you should revisit this Privacy Policy and familiarise yourself with any changes.  Continued use of our Services (including our website) shall indicate your acceptance of any changes.

Enquiries regarding this Privacy Policy or the personal information we may hold on you, should be addressed with the Privacy Officer, whose contact details are below.

If you think your personal information, held by us, may have been compromised in any way or you have any other privacy related complaints or issues, you should also raise the matter with the Privacy Officer.

We will ensure your claims are investigated and a formal response will be provided to you, within a reasonable time, considering the circumstances of your claims. If any corrective action is determined to be required, as a result of that investigation, we will take all reasonable steps to rectify the situation and advise you of such, again within a reasonable time considering the circumstances.

If we do not resolve your enquiry, concern or complaint to your satisfaction or you require further information in relation to any privacy matters, please contact the Office of the Australian Information Commission, whose contact details are below.

Office of the Australian Information Commission

Telephone                                1300 363 992

Email                                        enquiries@oaic.gov.au

Office Address                          Level 3, 175 Pitt Street, Sydney NSW 2000

Postal Address                         GPO Box 5218, Sydney NSW 2001

Website                                    www.oaic.gov.au

 

Contacting us

Entity                                      CakerHQ Pty Ltd ABN 86 655 681 404

Contact                                   Please contact us by submitting a contact us form on the Website.