By visiting and/or using the Service on the Website, you agree and, where required, you consent to the collection, use, storage, disclosure and transfer of your information as set out in this policy.
10.1 INFORMATION THAT WE COLLECT FROM YOU
10.1.1 When you visit the Website or use the Service to make an Order from a Restaurant through the Application (whether or not we are providing Delivery Services), you may be asked to provide information about yourself including your name, address, contact details (such as telephone and mobile numbers and e-mail address) and payment information (such as credit or debit card information). We may also collect information about your usage of the Website and Service and information about you from the materials (such as messages and reviews) you post to the Website and the e-mails or letters you send to us. Your telephone calls to us may also be recorded for training and quality purposes.
10.2 USE OF YOUR INFORMATION
10.2.2. We may use your information to contact you for your views on the Service and to notify you occasionally about important changes or developments to the Website or the Service.
10.2.3. When you register with Qooka, you consent to Qooka using your personal information for direct marketing purposes to communicate with you by phone, email or SMS and, if you use our mobile application, via push notification, to tell you about offers, updates and our products and services that may be of interest to you.
10.2.4. You agree that we may also share information with third parties (including those in the food, drink, leisure, marketing and advertising sectors) to use your information in order to let you know about goods and services which may be of interest to you (by post, telephone, mobile messaging (e.g. SMS, MMS etc.) and/or e-mail) in accordance with the Spam Act and the Privacy Act.
We may also disclose your information to help us analyse the information which we collect so that we can administer, support, improve and develop our business and services to you.
10.2.5. You agree that we may disclose personal information which we collect from you to other companies that also hold information about you. We may also collect personal information from those other companies. We and/or those companies may combine the information in order to better understand your preferences and interests, thereby enabling them and us to serve you better.
10.2.6. If you do not want us to use your data in this way or change your mind about being contacted in the future, please let us know by using the contact details set out in paragraph 8 below, by amending your profile accordingly or by using the opt-out facilities provided (eg an unsubscribe link).
10.2.7. Please note that by submitting Reviews regarding the Website, Service and/or Restaurants, you consent to us to use such Reviews on the Website and in any marketing or advertising materials. We will only identify you for this purpose by your first name and the city in which you reside (and any other information that you may from time to time consent to us disclosing).
10.3 DISCLOSURE OF YOUR INFORMATION
10.3.1. The information you provide to us will be transferred to and stored on our servers which may be in or outside Australia, it may be processed and used by or given to our staff working outside Australia who act for us for the purposes set out in this policy or for other purposes notified to you from time to time in this policy. Where we disclose your personal information to overseas recipients, we will always take reasonable steps to ensure that your information is treated in accordance with this policy and the Australian Privacy Principles.
10.3.3. If our business enters into a joint venture with, purchases or is sold to or merged with another business entity, your information may be disclosed or transferred to the target company, our new business partners or owners or their advisors.
10.3.4. We may use the information that you provide to us if we are under a duty to disclose or share your information in order to comply with (and/or where we believe we are under a duty to comply with) any legal obligation; or in order to enforce the Website Terms and any other agreement; or to protect our rights or the rights of Restaurants or other third parties. This includes exchanging information with other companies and other organisations for the purposes of fraud protection and prevention.
10.4. SECURITY AND DATA RETENTION
10.4.1. We take steps to protect your information from unauthorised access, modification or disclosure and against misuse, interference, loss, destruction and damage. Once your information is no longer required for any purpose for which it may be used or disclosed by us, and we are not required by law to retain the information, we will destroy the information or ensure that it is de-identified.
10.4.2. Where you have registered an account with Qooka and chosen a password which allows you to access certain parts of the Application, you are responsible for keeping this password confidential. We advise you not to share your password with anyone. Unless we negligently disclose your password to a third party, we will not be liable for any unauthorised transactions entered into using your name and password.
10.4.3. All user details captured by Qooka are stored securely at all times and will never be provided to any unauthorised third parties. All credit card details are protected using SSL (Secure Socket Layer) encryption. We will simply save a reference to your card, which is called a Stripe. This Stripe is provided to us by the payment provider.
10.4.4. The transmission of information via the internet is not completely secure. Although we will take reasonable steps to protect your information and make sure it is safe and secure and we use a number of physical, administrative, personnel and technical measures to protect your personal information, we cannot guarantee the security of your data transmitted to the Website/Mobile application; any transmission is at your own risk. For the avoidance of doubt, Qooka will not in any circumstances be liable to you, or third parties, for loss or damage arising from credit card fraud or identity theft.
10.5. ACCESSING AND UPDATING
You have the right to see the information we hold about you and to ask us to make any changes to ensure that it is accurate and up to date.