Terms and Conditions

DATA PRIVACY POLICY – Townsville Picnic Company

Last Updated: September 2021

1.0 SUMMARY AND PURPOSE1.1 This Policy applies in relation to all information that We collect from you. 1.2 The purpose of this Policy is to:(a) clearly communicate Our handling of information;(b) enhance transparency; and(c) give individuals a better and more complete understanding of the Personal Data collected and the way We handle that information.1.3 This Policy tells you:(a) The types of information that We collect;(b) How We collect information;(c) How We hold any information that has been collected;(d) The purposes for which We collect, hold, use and disclose information;(e) How you may access your information and seek correction;(f) How you may complain if you believe We have breached the Australian Privacy Principles; and(g) Whether We are likely to disclose any information to overseas recipients and the likely countries that information may be sent to.1.4 We will amend this Policy from time to time to reflect changes in Our Products, Services and Site. We may also change this Policy to comply with changes in relevant laws. We will alert you about any changes by updating the “Last Updated” date of this Policy.1.5 We are bound by the Australian Privacy Principals and Privacy Act. We follow the Australian Privacy Principles Guidelines of the Office of the Australian Information Commissioner (OAIC) and the GDPR in the collection, handling, Use and disclosure of Personal Data.1.6 This Policy applies to all persons who use Our Site and is freely available for download on Our Site. You may request a copy of this Privacy Policy in an alternative form and We will provide you with a response to your request within a reasonable time.

2.0 DEFINITIONS2.1 Unless otherwise defined in this Policy, capitalised terms and expressions shall have the following meaning:

“Complaint Handler Email Address” means info@townsvillepicniccompany.com.au;

“Complaint Handler Manager” means Jayde Ewington;

“Data Protection Laws” means the Privacy Act, the Australian Privacy Principles, GDPR and, to the extent applicable, the data protection or privacy laws of any other country;

“GDPR “means General Data Protection Regulation 2016/679;

“Personal Data” has the meaning detailed in Clause 3.1(a) of this Policy;

“Policy” means this Data Privacy Policy and Schedule (if any);

“Privacy Act” means the Privacy Act 1988 (Cth);

“Products” means food and beverages;

“Us, Our, We” means Jayde Ewington trading as Townsville Picnic Company ABN 52857202528  

“Services” means picnic services; and

“Site” means www.townsvillepicniccompany.com.au

3.0 TYPES OF INFORMATION THAT WE COLLECT3.1 We collect the following kinds of information:(a) Through Our Site (i) Personal Data - Personally identifiable information, such as your name, address, email address, and telephone number, and demographic information, such as your age, gender, hometown, and interests;(b) through Our Site:(i) Derivative Data - Information provided to Our servers when you access the Site, such as your IP address, your browser type, your operating system, your access times, and the pages you have viewed directly before and after accessing the Site;

4.0 HOW WE COLLECT INFORMATION4.1 We collect information about you, depending upon how you engage with Us, as follows:(a) Personal Data -  We will collect Personal Data that you voluntarily give to Us when you choose to participate in various activities related to Us and Our Products and Services, through Our Site including on online chat and message boards (if any). You are under no obligation to provide Us with Personal Data of any kind but you may not be able to access some aspects of Our Site or Our Mobile App without providing Personal Data.(b) Derivative Data – Our servers will automatically collect Derivative Data when you access Our Site;

5.0 WHY WE COLLECT INFORMATION5.1 We collect and store Personal Data about you for the primary purpose of developing Our Products and Services and providing you with those Products and Services, including but not limited to customising how you interact with Our Site with reference to your Personal Data. We may also use Personal Data for the uses specified in clause 7 of this Policy.

6.0 HOW WE HOLD INFORMATION COLLECTED6.1 We hold Personal Data that has been collect on servers operated by third party service providers.6.2 We retain Personal Data from all individuals who provide Us with Personal Data through Our Site.6.3 Personal Data that We collect is kept strictly confidential and is only for use as disclosed in this Policy and otherwise as authorised by you.6.4 We take steps to protect Personal Data We hold against loss, unauthorised access, use, modification, or disclosure, and against other misuse.6.5 We take steps to ensure that the personal information We collect is accurate, up to date and complete. These steps include maintaining and updating personal information when We are advised by individuals that their personal information has changed, and at other times as necessary.6.6 There are inherent risks in transmitting information across the internet and We do not have the ability to control the security of information collected and stored on third party platforms. In relation to Our own servers, We take all reasonable steps to manage data stored on Our servers to ensure data security.

7.0 HOW WE USE INFORMATION COLLECTED7.1 Having accurate information about you permits Us to provide you with a smooth, efficient, and customised experience.7.2 We may share information We have collected about you in certain situations. Your information may be disclosed as follows:(a) By Law or to Protect Rights - If We believe the release of information about you is necessary to respond to legal process, to investigate or remedy potential violations of Our policies, or to protect the rights, property, and safety of others, We may share your information as permitted or required by any applicable law, rule, or regulation. This includes exchanging information with other entities for fraud protection and credit risk reduction;(b) Third-Party Service Providers - We may share your information with third parties that perform services for Us or on Our behalf, including background checking, data analysis, email delivery, hosting services, customer service, and marketing assistance;.(c) Marketing Communications - With your consent, or with an opportunity for you to withdraw consent, We may share your information with third parties for marketing purposes, as permitted by law.(d) Interactions with Other Users - If applicable, if you interact with other users of the Site those users may see your name, profile photo, and descriptions of your activity, including sending invitations to other users, chatting with other users, liking posts or following blogs. (e) Online Postings – If applicable, when you post comments, contributions or other content to the Site, your posts may be viewed by all users and may be publicly distributed outside the Site in perpetuity.(f) Third-Party Advertisers - We may use third-party advertising companies to serve ads when you visit the Site. These companies may use information about your visits to the Site and other websites that are contained in web cookies in order to provide advertisements about goods and services of interest to you. (g) Affiliates - We may share your information with Our affiliates, in which case We will require those affiliates to honour this Policy. Affiliates include Our parent company and any subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.(h) Business Partners - We may share your information with Our business partners to offer you certain products, services or promotions. (i) Other Third Parties - We may share your information with advertisers and investors for the purpose of conducting general business analysis. We may also share your information with such third parties for marketing purposes, as permitted by law.7.3 Specifically, you authorise Us to use any Personal Data collected by Us about you to: a) compile anonymous statistical and health data and analysis for use internally or with third parties;b) deliver targeted advertising, coupons, newsletters, and other information regarding promotions and the Site to you;c) email you;d) enable user-to-use communications;e) generate a personal profile about you to make future visits to the Site more personalised;f) background checking;g) increase the efficiency and operation of the Site and Our Mobile App;h) monitor and analyse usage and trends to improve your experience with the Site and Our Mobile App;i) notify you of updates to the Site and Our Mobile Apps;j) offer new products, services, mobile applications and/or recommendations to you;k) perform other business activities as needed;l) prevent fraudulent transactions, monitor against theft, and protect against criminal activity;m) request feedback and contact you about your use of the Site and Our Mobile App;n) resolve disputes and troubleshoot problems;o) send you a newsletter; orp) solicit support for Us, Our Products and Our Services.7.4 Wherever possible, We impose contractual restrictions equivalent to those imposed in the relevant Data Protection Laws in respect of collection and use of personal information by those third parties. We will obtain an individual’s specific consent prior to disclosing information for the purposes of direct marketing of other services. An individual will be able to opt-out of direct marketing at any time if they so choose. Under no circumstances will We sell or receive payment for licensing or disclosing an individual’s personal information.7.5 We are not responsible for the actions of third parties with whom you share personal or sensitive data, and We have no authority to manage or control third-party solicitations. If you no longer wish to receive correspondence, emails or other communications from third parties, you are responsible for contacting the third party directly.

8.0 DISCLOSURE TO OVERSEAS ENTITIES8.1 We are assisted by a variety of third parties to deliver the Services We offer. These third parties change from time to time and include technology service providers for Internet, App services, cloud service, publishing and printing services. These third parties may be located in Australia or overseas locations.8.2 We use Google Analytics, a United States based service, to analyse browsing information and produce reports on how visitors use Our Site. Google may transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. You can opt out of the collection of information via Google Analytics by downloading the Google Analytics Opt-out browser add on. When engaging with Our social media content you can choose to not identify yourself by using a pseudonym.

9.0 OUR RESPONSIBILITIES UNDER GDPR9.1 If you are a resident of the European Union (EU) or United Kingdom (UK) you have certain rights and protections under the GDPR regarding the processing of your Personal Data.9.2 We collect, use and store your Personal Data to enable Us to provide you with Our Products or Services and information about them. We rely on the following lawful means of processing your Personal Data:(a) Where it is necessary to fulfil a contract with you. This includes where We collect your Personal Data to enable Us to send you Our Products or provide you with Our Services;(b) Where you have given Us valid consent to use your Personal Data. We will rely on that consent and only use the Personal Data for the specific purpose for which you have given consent. This includes where We email newsletters or send mobile phone notifications; and(c) We may also process your Personal Data where it is to further Our legitimate interests which could include usage statistics, analytics and internal analysis so We can improve Our Services to you.

10.0 YOUR RIGHTS AS AN EU OR UK RESIDENT10.1 If you are a resident of the EU or UK you have various rights including the:(a) Right to be informed;(b) Right of access;(c) Right to rectification;(d) Right to object;(e) Right to restriction of processing;(f) Right to erasure or to be forgotten;(g) Right to data portability; and(h) Right not to be subject to automated processing.10.2 If you want to access your Personal Data or ask for the information to be corrected, please contact Us. In some circumstances, you also have a right to object to or ask that We restrict certain processing activities or delete your Personal Data. If you would like to limit or request deletion of your Personal Data or exercise any other rights you can do so by contacting Us.

11.0 ACCESS TO PERSONAL INFORMATION11.1 You may access the Personal Data that We hold about you, as well as ask Us to correct the Personal Data We hold about You, by writing to Our Complaint Handler Email Address. We will take reasonable steps to make appropriate corrections to your Personal Data so that it is accurate, complete and up-to-date unless We consider that there is a permitted reason under the Privacy Act or another relevant law to withhold the information, or not make the changes. 

12.0 WITHDRAWING YOUR CONSENT12.1 You can withdraw your consent to Our collection or processing of your Personal Data. You can do so by contacting Us or by opting out of email newsletter communications by following the instructions in those emails or by clicking unsubscribe. If you withdraw Your consent to the use of your Personal Data, you may not have access to Our Products and Services and We might not be able to provide you with Our Products and Services. In some circumstances, where We have a legal basis to do so, We may continue to process your information after you have withdrawn consent, including but not limited to where it is necessary to comply with an independent legal obligation or where it is necessary to do so to protect Our legitimate interest in keeping Our Services secure.

13.0 OUR COMPLIANCE13.1 We comply with Privacy Act and GDPR protection directives set out by the EU and UK regarding the collection, use and retention of Personal Data from EU member countries and the UK. All Personal Data stored on Our platform is treated as confidential. It is stored securely and is only accessed by authorised personnel. Our collection is limited in relation to what is necessary, for the purpose for which the Personal Data is processed, and kept only for so long as is necessary for the purpose for which the Personal Data was collected. We implement and maintain appropriate technical, security and organisational measures to protect Personal Data against unauthorised or unlawful processing or use, and against accidental loss, destruction, damage, theft or disclosure. We ensure the encryption and pseudonymisation of Personal Data and We have adequate cyber security measures in place.

14.0 YOUR ACKNOWLEDGEMENT14.1 By providing Us with Your Personal Data, you consent to Us disclosing it to third parties including those who reside outside Australia, the EU or UK. We will take reasonable steps toensure that those third parties are compliant with the Privacy Act and, where applicable, the GDPR.

15.0 COMPLIANT HANDLING15.1 You may complain about the way We handled your personal information. A complaint should made in writing to Our Complaint Handler Email Address. On receipt, the complaint is referred to the Complaint Handler Manager who will assess and respond to the complaint within a reasonable time.15.2 Under the Privacy Act an individual can make a complaint to the Office of the AustralianInformation Commissioner about the handling of their personal information by private sector organisations covered by the Privacy Act.our Terms and Conditions section is like a contract between you and your customers. You make information and services available to your customers, and your customers must follow your rules.