RHP MOBILE

PRIVACY POLICY

INTRODUCTION

This privacy policy ("Privacy Policy") outlines in general terms how Digital Quarter Pty Ltd (ACN 102 421 590) ("Digital Quarter", "us", "we" or "our") collects, stores, uses and discloses your personal information. By using any of the RedHotPie websites (RedHotPie.com, RedHotPie.com.au, RedHotPie.co.uk, RedHotPie.co.nz, and RedHotPie.asia), the RedHotPie applications (IOS and Android) or our other online products and services (together referred to as "the Network") you accept this Privacy Policy together with Digital Quarter's Terms and Conditions of Use ("Terms and Conditions") and any additional terms, conditions, notices and disclaimers displayed elsewhere on the Network.

We may amend this Privacy Policy from time to time as our business requires or the law changes. If we do, the new Privacy Policy will be posted on the Network. Your continued use of the Network will constitute your acceptance of any changes. If you object to any changes to the Privacy Policy, you must stop using the Network.

This Privacy Policy applies beginning 14 October 2019. The previous version of this Privacy Policy, available https://redhotpie.com.au/Terms/PrivacyPolicy.aspx, will apply until then.

Dated 1 October 2019.

CONTENTS

INTRODUCTION

  1. PERSONAL INFORMATION
  2. PERSONAL INFORMATION WE COLLECT
  3. HOW WE COLLECT PERSONAL INFORMATION
  4. HOW WE USE YOUR PERSONAL INFORMATION
  5. DISCLOSURE OF PERSONAL INFORMATION
  6. WHAT IF WE CAN'T COLLECT YOUR PERSONAL INFORMATION
  7. ACCESSING AND CORRECTING YOUR PERSONAL INFORMATION
  8. YOUR RIGHTS AND RETENTION OF INFORMATION
  9. DELETION OF PERSONAL INFORMATION
  10. HOW CAN YOU COMPLAIN ABOUT A BREACH OF PRIVACY?
  11. CHILDREN'S PRIVACY
  12. USE OF COOKIES AND SURVEYS
  13. DIRECT MARKETING
  14. OFFERS AND PROMOTIONAL MESSAGES
  15. PUSH NOTIFICATIONS
  16. THIRD PARTY OFFERS
  17. CROSS BRODER DISCLOSURE OF PERSONAL INFORMATION
  18. SECURITY – HOW WE STORE AND PROTECT YOUR INFORMATION
  19. LINKS
  20. THE SALE OR TRANSFER OF OUR BUSINESS OR ASSETS
  21. ADDITIONAL RIGHTS UNDER EU LAW
  1. PERSONAL INFORMATION

    When used in this Privacy Policy, the term "personal information" has the meaning given to it in the Privacy Act 1988 (Cth) ("Privacy Act"). In general terms, it is any information that can be used to personally identify you.

  2. PERSONAL INFORMATION WE COLLECT

    Information you give us

    1. The types of personal information that we collect about you will depend on our relationship with you, the circumstances of collection and the type of products and services you request from us. The personal information may include (but is not limited to):

      1. your name, gender and date of birth;
      2. your contact details including your email address, postal / delivery address and telephone / mobile number;
      3. billing information and credit card information;
      4. photographs and videos;
      5. your personal interests, ethnicity, dating gender preference, dating age range preference, physical characteristics, personal description and sexual life experiences;
      6. details of the products and services you have purchased from us or which you have enquired about, together with any additional information necessary to deliver those products and services and to respond to your enquiries;
      7. information you provide to us through our service centre, customer surveys or discussions with our representatives from time to time; and/or
      8. additional information relating to you that you provide to us directly or indirectly through our websites, applications or otherwise.

    Information you disclose using Interactive Services

    1. The Network includes user-generated profiles, interactive messaging services and webcam services ("Interactive Services"). These are designed to enable you to communicate with other users of the Network ("Other Users").

    2. Information that is disclosed by you during your use of the Interactive Services may be seen, copied and used by us and Other Users. There is no expectation of privacy when using the Interactive Services and we have no control over how Other Users may use the information you disclose. You should exercise caution and discretion before deciding to disclose that information.

    Information given to us by third-parties

    1. We may collect information about you which we have received from third-parties. For example, if you access the Network through a third-party connection or log-in, such as Facebook Connect, that third-party may pass some information about your use of its services to us. This information may include (but is not limited to):

      1. an ID associated with your third-party account;
      2. any information you have permitted the third-party to share with us; and/or
      3. any information you have made public in connection with the third-party provider.

    Location information

    1. We may collect additional information from you. For example, we may collect your device's operating system, the name of your mobile carrier and network, details of your location, and with your permission your GPS/geo-location.

    2. The degree to which your location can be identified depends on the device you are using (e.g. smart phone, tablet, laptop or desktop). We collect this information in order to provide you with the best level of service. If you enable location services, we may collect location data periodically as you use or leave open your access to the Network. We may also use this data internally or in conjunction with our third-party service providers to customise your experience and provide offers that may be relevant to you. Depending on the platform you use (e.g. Apple OSX iOS, Windows, Android etc) to access the Network you may be able to control, from within your device's settings, whether you wish to share your location data with us.

  3. HOW WE COLLECT PERSONAL INFORMATION

    1. We may collect personal information about you:

      1. if you register an account ("Account"), including by creating a username and password, with an entity which forms part of the Network;
      2. through your access and use of the Network (including our websites and applications);
      3. if you send us an email / message or otherwise interact with us including during conversations between you and our representatives; and/or
      4. if you apply for a job with us.
    2. We may also collect personal information from third-parties including:

      1. agents, contractors and business partners; and/or
      2. third-party companies, like Facebook, who share your information with us in order to make your online experience more seamless.
    3. We use a range of social media channels ("Social Media") to distribute news, announcements, promotions and to address community enquiries. If you submit or post comments, images, tweets, recordings or other personal content for public display on Social Media, that information may be available for anyone in the world to read, view or comment on. We are not responsible to you for the information handling practices of Social Media.

    4. If you provide information to us about a third party (including a friend, family member, colleague and / or associate), you must ensure that you are entitled to disclose that information to us and that, without the need to take further steps pursuant to privacy laws, we may collect, use and disclose such information for the purposes set out in this Privacy Policy. The party concerned should be aware of this Privacy Policy and consent to how we will use the information relating to them as set out in this policy.

  4. HOW WE USE YOUR PERSONAL INFORMATION

    1. We may use your personal information for the following purposes:

      1. to set up and administer your Account;
      2. to provide our products and services to you;
      3. to provide you with news, information or advice about our existing and new products and services;
      4. to communicate with you including by email, mail or telephone;
      5. to manage and enhance our products and services;
      6. to personalise and customise your experience;
      7. to provide you with access to protected areas of our websites and applications;
      8. to conduct competitions or promotions on our behalf or that of selected third-parties;
      9. to verify your identity;
      10. to provide as part of business data to third-parties;
      11. to conduct business processing functions for operation of our websites or our business;
      12. for our administrative, marketing (including direct marketing), promotional, planning, product / service development, quality control and research purposes, or those of our contractors or external service providers;
      13. to investigate any complaints about you or made by you, or if we have reason to suspect that you are in breach of any of our Terms and Conditions or that you are or have been otherwise engaged in any unlawful activity;
      14. to prevent, detect and fight fraud or other unauthorised activities;
      15. to maintain records and comply with our legal obligations;
      16. to assist law enforcement personnel including police;
      17. as required or permitted by any law (including the Privacy Act); and/or
      18. for any other use that you authorise in writing.
    2. Your personal information will not be used other than as described in this Privacy Policy.
  5. DISCLOSURE OF PERSONAL INFORMATION

    We may disclose your personal information to:

    1. our employees, related bodies corporate, contractors or external service providers, existing or potential agents, business partners or joint venture entities or partners that perform services for us in connection with the Network and in connection with the sale and provision of our products and / or services, including third-parties who:

      1. fulfil requests by you;
      2. provide information technology services such as data storage, website hosting, software and system development, maintenance and support, and information processing, analysis and reporting (e.g. "Google Analytics" and "Facebook Pixel");
      3. assist us in providing delivery of products and/or services to you including third-party providers who provide information, data and documentation to us under licence;
      4. conduct or promote competitions via the Network;
      5. assist us in processing credit / debit card payments;
      6. provide marketing services; and/or
      7. provide services in the course of investigating a complaint or a security incident;
    2. specific third-parties authorised by you to receive information held by us;
    3. 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;
    4. to comply with our legal obligations;
    5. to comply with judicial proceedings or a court order;
    6. to assist in locating a missing person;
    7. to establish, exercise or defend a legal or equitable claim;
    8. for the purposes of a confidential alternative dispute resolution; and/or
    9. as otherwise required or permitted by any law (including the Privacy Act).
  6. WHAT IF WE CAN'T COLLECT YOUR PERSONAL INFORMATION

    If you do not provide us with the information described in this Privacy Policy, some or all of the following may happen:

    1. We may not be able to provide you with the products or services you requested, either to the same standard, or at all (for example, if you do not register with an entity which forms part of the Network and create an Account, you will not be able to access features or services that are reserved for registered users or members);
    2. We may not be able to provide you with information about products and services that you may want, including information about discounts sales or special promotions; and/or
    3. We may be unable to tailor the content of the Network and your preferences and your experience of our websites and applications may not be as enjoyable or useful.
  7. ACCESSING AND CORRECTING YOUR PERSONAL INFORMATION

    1. You may request access to any personal information we hold about you at any time by contacting us (details at section 10 below). 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 reasons for any refusal.
    2. If you believe that personal information we hold about you is incorrect, incomplete or inaccurate, then you may ask 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.
    3. Account holders will generally be able to access and update their details online. We request that you keep your information as current as possible so that we may continue to improve our service to you.
  8. YOUR RIGHTS AND RETENTION OF INFORMATION

    We set out below some of the tools you have to control your personal information:

    1. our websites and applications provide certain tools that allow you to access, rectify or delete information that you provided through your use of the Network and which is associated with you;
    2. mobile operating systems have permission controls, such as for camera and location services. You can control these options through your device settings. Please note that changing these setting may result in lost functionality with our products and services;
    3. if you created an Account, you can delete the Account by using the "Delete" function on the relevant website or application; and
    4. if you uninstall an application, you can stop all information collection by the application. Please note that this will not delete your Account.
  9. DELETION OF PERSONAL INFORMATION

    1. We keep your personal information only as long as we need it for legitimate business purposes (as laid out in section 4 above) and as permitted by applicable law. To protect the safety and security of the Network and its users (including Other Users), we implement a safety retention window of six months following Account deletion. During this period, Account information will be retained although the Account will not be visible on the Network anymore.

    2. In practice, we delete or anonymise your information upon deletion of your Account (following the safety retention window described in paragraph 9.1 above) or after three years of continuous inactivity, unless:

      1. we must keep it to comply with applicable law (for instance, some data may need to be kept for up to two years to comply with statutory data retention obligations);
      2. we must keep it to evidence our compliance with applicable law;
      3. there is an outstanding issue, claim or dispute requiring us to keep the relevant information until it is resolved; or
      4. the information must be kept for our legitimate business interests, such as fraud prevention and enhancing users' safety and security. For instance, information may need to be kept to prevent a user who was banned for unsafe behaviour or security incidents from opening a new Account.
    3. Even though our systems are designed to carry out information deletion processes according to the guidelines in paragraphs 9.1 and 9.2 above, we cannot promise that all information will be deleted within a specific timeframe due to technical constraints.

  10. HOW CAN YOU COMPLAIN ABOUT A BREACH OF PRIVACY?

    1. If you believe your privacy has been breached by us or have any questions or concerns about our Privacy Policy, please contact us using the contact information below and provide details of the incident / matter so that we can consider / investigate it:

      Attention:
      Privacy Officer
      Email:
      [email protected]
      Postal address:
      Digital Quarter Pty Ltd PO Box 285 Subiaco, WA 6904 Australia
    2. We have a formal procedure for investigating and dealing with privacy breaches. Once the Privacy Officer receives a complaint in writing the Privacy Officer will commence an investigation. The investigation will endeavour to determine whether there has been a breach, the nature of the breach and how it occurred. We may contact you during the process to seek any further clarification if necessary. If a breach is found, the Privacy Officer will escalate the matter to management so that the process can be rectified to prevent any further breaches from taking place. We will also contact you to inform you of the outcome of the investigation. We will endeavour to resolve all investigations within a reasonable time.

  11. CHILDREN'S PRIVACY

    Use of the Network is restricted to users who are 18 years of age or older. We do not permit users under the age of 18 on our platforms and we do not knowingly collect personal information from anyone under the age of 18. If you suspect that a user is under the age of 18, please contact us (using the details at section 10 above).

  12. USE OF COOKIES AND SURVEYS

    1. In some cases, we may collect personal information through the use of cookies. When you access the Network, we may send a ‘cookie' (a small summary file containing a unique ID number) to your computer or device. This enables us to recognise your computer or device and greet you each time you visit the Network, without asking you to register or login. It also helps us keep track of the products or services you view, so that we can send you news about those products or services.
    2. We also use cookies to measure traffic patterns, to determine which areas of the Network have been visited and to measure other patterns, including transaction patterns, or other metrics in the aggregate. We use this to research your habits so that we can continually improve the Network.
    3. We may also use cookies to log IP addresses to analyse trends, administer the Network, track user movements, and gather broad demographic information or to collect anonymous data.
    4. If you do not wish to receive cookies, you should set your browser so that your computer or device does not accept them.
    5. We may collect information from you in response to a survey. We generally use this information to get your feedback, report statistics, analyse trends, administer our services, diagnose problems and improve the quality of the Network.
    6. If you do not want us to collect information provided by you during the course of a survey, then refrain from completing the survey.
  13. DIRECT MARKETING

    We may send you direct marketing communications and information about products and services that we consider may be of interest to you. These communications may be sent in various forms, including mail 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.

  14. OFFERS AND PROMOTIONAL MESSAGES

    1. We may use your email address or mobile phone number to send you updates and communications about our products and services or other messages, such as newsletters, text messages, information about when users' check-in, changes to features of the Network, or special offers.
    2. You will be given the opportunity, in any promotional email or text message that we send to you, to opt-out of receiving such messages in the future.
  15. PUSH NOTIFICATIONS

    1. Our applications include a function that allows us to use push notifications to send you updates, communications and other messages about the Network.
    2. To opt-out of getting these push notifications or other messages you must terminate the applicable service. We do not send promotional messages about other products or services through these push notifications.
  16. THIRD PARTY OFFERS

    1. We may use the information you have given us about your interests, and other profile or personal information, to develop and display tailored third-party content and advertising.
    2. At any time, you may opt-out of receiving marketing communications from us by contacting us (details at section 10 above) or through the privacy settings on the website or application you are using.
    3. If you receive communications from us that you believe have been sent to you other than in accordance with this Privacy Policy, or in breach of any law, please contact us.
  17. CROSS BRODER DISCLOSURE OF PERSONAL INFORMATION

    1. The Network operates in a number of international jurisdictions including Australia, New Zealand, the USA, the UK and parts of Asia (including, without limitation, Thailand, Singapore, Indonesia and Japan).
    2. As a result, your personal data may be transferred, stored and processed in another country in which we or our subsidiaries, partners or agents maintain facilities. These data processors, acting under our instructions, may be engaged in, among other things, the fulfilment of your information requests and the provision of support tools and services on the Network. They may also help us maintain the integrity and security of the Network, including emails and messaging platforms on the Network.
    3. By submitting your personal information on the Network, you expressly agree and consent to the disclosure, transfer, storage and processing of your personal information outside Australia. In providing this consent, you understand and acknowledge that countries outside Australia do not always have the same privacy protection obligations as Australia in relation to personal information. However, we will take steps to ensure that your information is used by third-parties securely and in accordance with the terms of our Privacy Policy.
  18. SECURITY – HOW WE STORE AND PROTECT YOUR INFORMATION

    1. We will take 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.
    2. If you suspect any misuse or loss of, or unauthorised access to, your personal information, please let us know immediately.
    3. In the event that any information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.
  19. LINKS

    The Network may contain links to other websites operated by third-parties. We make no representations or warranties in relation to the privacy practices of any third-party website and we are not responsible for the privacy policies or the content of any third-party website. Third-party websites are responsible for informing you about their own privacy practices.

  20. THE SALE OR TRANSFER OF OUR BUSINESS OR ASSETS

    1. If the Network, or any part of it, is sold or disposed of as a going concern, whether by merger, sale of assets, change of ownership of operating entity or otherwise, or in the event of an insolvency, bankruptcy or receivership, our users' personal information may be one of the assets dealt with in connection with that transaction.
    2. Information about our users may also need to be disclosed in connection with a commercial transaction where we or any one of our businesses are seeking financing, investment, support or funding.
  21. ADDITIONAL RIGHTS UNDER EU LAW

    (This paragraph 21 applies if you are located in the European Union (EU))

    1. In addition to the rights outlined elsewhere in this Privacy Policy, under certain conditions you may have the right under EU data protection law to ask us to:

      1. provide you with further details on how we use and process your personal information;
      2. delete personal information we no longer have grounds to process; and
      3. restrict how we process your personal information while we consider an enquiry you have raised.
    2. In addition, under certain conditions, you have the right to:

      1. where processing is based on consent, withdraw the consent;
      2. lodge a complaint with the appropriate data protection authority if you have an issue with how we process your personal data;
      3. object to any processing of personal information that we process on the "legitimate interests" or "public interests" grounds, unless our reasons for the underlying processing outweighs your interests, rights and freedoms; and
      4. object to direct marketing (including any profiling for such purposes) at any time.
    3. You can exercise these rights by contacting us (details at section 10 above).
    4. These rights are subject to certain exemptions to safeguard the public interest (e.g. the prevention or detection of crime) and our interests (e.g. the maintenance of legal privilege).