LET’S EAT GROUP PRIVACY POLICY

Last updated: 9 May 2024

Lets Eat Group Pty Ltd (ABN 75 617 939 474) (hereinafter referred to as “Let’s Eat”, “we”, “us” or “our”) operates a website and application (“Site” or “Application”) providing an online marketplace for people to create, sell, buy and enjoy a variety of food made by unique and inspired sellers (cooks/ makers/ producers/ hosts) in their own homes (“Services”).

Let’s Eat takes your privacy seriously and is committed to responsible privacy practices. Please read the following privacy policy (“Privacy Policy”) to understand how we collect, use, disclose, store, handle and protect your Personal Information. We hope that this will help you (“User” or “you”) make an informed decision about sharing your personal information with us.

As well as applying to our interactions with you, this Privacy Policy also applies to all personal information collected or disclosed through this website (https://letseat.com.au) and any other websites, platforms and/or mobile apps we operate. This Privacy Policy sits alongside our Terms of Use and any other terms and conditions that apply to the products and services we provide to you.

1. Changes to this Privacy Policy

We may change or update this Privacy Policy from time to time to keep up to date with legal requirements and to reflect the way we operate our business. If we make significant changes to our Privacy Policy, we will seek to notify you either by notice on our Site or Application or by sending you an email. We will also update the "Last Updated Date" at the top of this Privacy Policy. An up-to-date version of this Privacy Policy is available at any time on this page.

You are responsible for reviewing this Privacy Policy periodically and we suggest that you check back regularly. If you do not agree with any term or condition in this Privacy Policy, please cease accessing and using the Site or Application, and deactivate your Let’s Eat account.

2. What is Personal Information

In this Privacy Policy, 'personal information' has the meaning set out in the Privacy Act 1988 (Cth) (Privacy Act). In general terms, personal information is information (whether fact or opinion) about an individual who is identified or reasonably identifiable from that information or other information combined with that information.

Some types of personal information are classified as 'sensitive information' and/or 'health information', which are subject to additional protection under the Privacy Act. Sensitive information may include information about your racial origin and health status, and health information may include information about your allergies and dietary requirements.

3. What types of Personal Information do we collect?

The types of personal information we collect about you will depend on the purpose for which the personal information is collected. This can include:

• In the case of Users who apply to become, or are a Seller on our Site or Application – your name, billing or shipping address, email address, telephone number(s) and payment information (including credit card information or alternative payment method account information);
• In the case of Users purchasing products from Sellers through our Site or Application – your name, billing or shipping address, email address, telephone number(s), payment information (including credit card information or alternative payment method account information) and your order details;
• In the case of Users using location-tracking functions of the Site and Application – location data including the precise or approximate location information from the User’s device when the Site or Application is running in the foreground (Site or Application open and on-screen) or background (Site or Application open but not on screen), transaction information relating to the use of the Site or Application; including route details (such as date and time, start and finish locations, distance travelled);
• If you have requested to receive news about exclusive offers, promotions or events from us – your name, mailing or street address, email address, and telephone number(s);
• If you have contacted us to make a complaint, provide feedback, submit an enquiry, request a call-back or to request a product replacement – your name, mailing or street address, email address, and telephone number(s);
• In the case of our brand ambassadors, representatives or supporters – your name, mailing or street address, email address, date of birth, occupation, and social media information;
• In the case of prospective employees or contractors – information contained in your application or résumé, recorded during any interview, or obtained through any pre-employment checks, and government-issued identifiers such as tax file numbers; and
• In the case of Users registering to use the Site or Application through Facebook - certain information about the User stored in the User’s Facebook Account, including your full name, email address, profile photo(s) (if applicable), and any other social media information which is detailed and displayed to the User during the integration process with the Facebook Account. We may collect your login information and other relevant information necessary to enable us to access your Facebook Account in order to collect this personal information.

You can choose to provide further personal information when updating your profile, including photos, preferred language(s), gender, and interests, which may be stored by Let’s Eat in accordance with this Privacy Policy.

Generally, we will not collect sensitive information about you. However, in certain circumstances we may need to collect limited sensitive information about you. For instance, if you disclose details of any dietary or allergy or dietary requirements, or other related medical conditions.

We do not collect personal information of individuals under the age of 18 (a minor) and you should refrain from providing any such information to us. We reserve the right to request proof of age at any stage so that we can verify that minors under the age of eighteen are not using the Site. If you do provide us with personal information of a minor we will remove this from our servers and systems.

We also collect the following technical information:

• In the case of Users using the Application – usage data on how customers interact with the Application, including access dates and times, app features or pages viewed, browser type, app crashes and other system activity;
• In the case of Users using the Application – device data on how customers interact with the Application, including hardware models, device IP address, or other unique device identifiers, operating systems and versions, software, advertising identifiers, device motion data and mobile network data; and
• In the case of Users using the Site – technical information and general analytics, such as web browser type and browsing preferences, Internet service provider, referring/exit pages, date/time stamps, IP address, time zone and geolocation data, some of which is collected automatically arising from your use of our website and/or platforms, as well as information about your usage of our website and/or platforms when browsing (see: “Why do we collect your personal information?” below).

4. How we collect Information

We collect your personal information directly from you, including when you:

• Access or use the Site or Application;
• Sign up to receive news and exclusive offers, promotions or events;
• Enter surveys, competitions, promotions or request information or material from us;
• Make inquiries about us or our products or services or otherwise communicate with us by email, by telephone, via a website or otherwise; and
• Apply to work with us or are engaged by us as a contractor.

Where it is reasonable and practicable to do so, we will only collect personal information about you directly from you and not from third parties.

We may collect personal information through the help of our authorised third-party service providers or through promotional and marketing activities.

Whilst we always maintain robust privacy practices, Let’s Eat are not responsible for the privacy practices of third parties, including Facebook, delivery providers and online payment processors we may engage. You should review their relevant privacy policy to satisfy yourself as to how they protect and handle your personal information.

We also use the following technologies to collect technical information and general analytics:

• cookies, which are data files that are placed on your device and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org;
• Log files, which track actions occurring on our website; and
• Web beacons, tags and pixels, which are electronic files used to record how you browse our website.

You may disable your web browser from accepting cookies and other tracking technologies used to collect technical information and general analytics when browsing our website. If you do so, you can still access our website, but it may impact your user experience.

In addition to Let’s Eat cookies, certain third parties may deliver cookies to your device to obtain information to help them provide services to Let’s Eat. Any third party links or advertising on our website may also use cookies; you may receive these cookies by clicking on the link to the third party site or advertising. We do not control the collection or use of information by these third parties, and these third party cookies are not subject to this Privacy Policy. You should contact these companies directly if you have any questions about their collection and/or use of information. When linking to any other site, you should always check the relevant website’s privacy policy before providing any personal information.

5. Can you choose not to disclose your personal information?

You do not have to identify yourself or provide any personal information if you contact us. You can also notify us that you wish to deal with us using a pseudonym.

However, if we cannot collect personal information about you or if you use a pseudonym, we may not be able to provide you with the information or assistance you require. For example, we will not be able to send you information you have requested if you have not provided us with a valid email address or telephone number.

If you access the Site or Application through a mobile device and you do not want your device to provide us with location-tracking information, you can disable the GPS or other location-tracking functions on your device, provided your device allows you to do this. See your device manufacturer's instructions for further details. Note that the location-tracking function is critical for the Let’s Eat Application as it will show meals, produce and events in your vicinity. Disabling the GPS or other location-tracking functions on your device will not provide the User with the full benefits of the Site or Application.

6. Why do we collect your personal information?

We use your personal information for purposes collected such as managing our business and providing our products and services to you, including to:

• Provide you with the products or services that you have requested from us or from third parties;
• Operate, protect, and improve the functionality of the Site or Application, and your experience on the Site or Application.
• Communicate with you, update you on the activities of Let’s Eat, and to address any issues or complaints that we or you may have regarding our relationship and our products and/or services;
• Prevent, detect and investigate suspicious, fraudulent, criminal or other activity that may cause you, us or others harm, including in relation to our products and services;
• Verify your identity, for example to verify your address when providing or purchasing services on the Site or Application, or if you request access to the personal information we hold about you;
• Identify opportunities to improve our products and services, and Site or Application to provide better service to you;
• Gain insights about you so that we can serve you better, understand your preferences and interests, personalise your experience and/or improve our products and services;
• Send you marketing and promotional messages and other information that may be of interest to you (see “Direct marketing” below);
• Administer referral programs, rewards, surveys, contests, or other promotional activities or events sponsored or managed by Let’s Eat or our business partners, to which you have consented;
• Share your submissions and posts with other Users and to facilitate communication between you, Let’s Eat and other Users;
• Comply with our legal obligations such as notifying you of matters that we may be required by law to do so, for example providing your details to relevant food regulatory authorities and bodies;
• Consider you for a job at Let’s Eat (whether as an employee or contractor) or other relationship with us; and
• Contact you regarding any of the above, including via electronic messaging such as SMS and email, by mail, by phone or in any other lawful manner.

Technical information and general analytics is used for the purpose of gauging visitor traffic, trends and delivering personalised content to you while you are using our website, and to improve our website and our products and services.

7. Disclosure of Personal Information

Let’s Eat may disclose your Personal Information to third parties to the extent that such disclosure is required for operating the services offered via the Site and Application, in connection with the purpose described above (see “Why do we collect your personal information?”).

This may include disclosing your personal information to the following types of third parties:

• Our related companies;
• Any potential third party acquirer of our business or assets, and advisors to that third party;
• Our professional advisers (such as lawyers, accountants or auditors) and insurers;
• Our employees, contractors and third party service providers who assist us in performing our functions and activities e.g. payment systems operators and financial institutions, cloud service providers, data storage providers, shipping companies, telecommunications providers and IT support services providers;
• Organisations authorised by us to conduct promotional, research or marketing activities;
• Third parties to whom you have authorised us to disclose your information (e.g. Buyers and or Sellers you engage with on the Site or Application, referees or account nominees);
• In the case of Seller’s Personal Information – only disclosed to the relevant Buyer(s) who placed a reservation for an event with the Seller or placed an order to pick-up from the Sellers address;
• In the case of Buyers Personal Information (such as address and contact details) - only disclosed to relevant Sellers delivering to the Buyer; and
• Any other person as required or permitted by law.

Users can choose to integrate their Let’s Eat account with their Facebook account at your own risk. A User may also share their Facebook account’s profile information with other Users on the Let’s Eat Site. Please note that certain information which you have defined as private on your third party account (e.g. information which is visible to Facebook friends only) may become public to other Let’s Eat Users through the Site or Application if you have consented to such information being public on Let’s Eat. Your billing and payout information will never be disclosed with another User.

A User’s public profile page will include some Personal Information, such as your rating as either a Buyer or Seller and public profile photo. Hosts of Events will have further minimum information displayed such as the general location where the Event is, which may be displayed on a map. Any content, including photo(s) and other information you upload to your profile, may be viewed by all Users and Let’s Eat. Users share information on their profile at your own risk. Your personal information will be processed in accordance with Stripe and we suggest you familiarise yourself with Stripe’s policy here: https://stripe.com/au/privacy.

If we disclose your personal information to third parties we will use reasonable commercial efforts to ensure that such third parties only use your personal information as reasonably required for the purpose of disclosure and in a manner consistent with applicable laws, for example (where commercially practical) by including suitable privacy and confidentiality clauses in our agreement with a third party service provider to which we disclose your personal information.

8. Direct marketing

Let’s Eat may send you direct marketing communication via the e-mail address or phone number you have provided, where you have consented for us to do so. This can include news about Let’s Eat, exclusive offers, promotions and events.

You can unsubscribe or opt-out from receiving these communications by contacting us via email at help@letseat.com.au, changing your subscription preferences in your settings (in the "Account" section) when you login to your Let’s Eat account, or using the opt-out facilities provided in the direct marketing communication.

9. How do we store your personal information?

We store your personal information in electronic record keeping methods in secure databases. Personal information may be collected in paper-based documents and converted to electronic form for use or storage (with the original paper-based documents either archived or securely destroyed). We do not combine or link personal information we hold about you with other personal information about you from third party sources.

10. International data transfer

Your personal information may be transferred overseas or stored overseas for a variety of reasons. It is not practical for us to list every country where such overseas recipients may be located, however such countries are likely to include the United States of America. If your personal information is sent to a recipient in a country with data protection laws which are at least substantially similar to the Privacy Act and the Australian Privacy Principles, and where there are mechanisms available to you to enforce protection of your personal information under that overseas law, we will not be liable for a breach of the Privacy Act and the Australian Privacy Principles if your personal information is mishandled in that jurisdiction. If your personal information is transferred to a jurisdiction which does not have data protection laws as comprehensive as Australia's, we will take commercially reasonable steps to secure a contractual commitment from the recipient to handle your information in accordance with the Privacy Act and the Australian Privacy Principles.

11. How do we protect your personal information?

We will take reasonable steps to protect the information we hold from misuse, interference, theft and loss, and from unauthorised access, modification or disclosure. When personal information is no longer needed, we will take reasonable steps to destroy the personal information from our systems or de-identify it.

We maintain security over data stores and systems through electronic and procedural safeguards which are designed to protect information. We require our employees to protect the confidentiality of information as required by applicable law. Access to information by our employees is limited to administering, offering, servicing, processing or maintaining our products and services.

However, there are risks in transmission of information over the Internet as it is inherently insecure. We cannot guarantee the security of transmission of Personal Information disclosed to us online. Accordingly, you transmit your personal information to us online at your own risk and are encouraged to exercise care in sending personal information via the internet. Please notify us immediately if you know or reasonably suspect that your personal information has been subject to any data breach, breach of security or other unauthorised activity.

To the maximum extent permitted by applicable law, we exclude all liability (including in negligence) for the consequences of any unauthorised access to, modification of, disclosure of, misuse of or loss or corruption of any personal information. Nothing in this Privacy Policy restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law, including the Competition and Consumer Act 2010 (Cth), or any liability which cannot be excluded due to the operation of applicable laws.

12. How long do we keep your personal information?

Generally, we will retain your personal information for the period necessary for the purposes for which your personal information was collected (as outlined in this Privacy Policy) unless a longer retention period is required by law or if it is reasonably necessary for us to comply with our legal obligations, resolve a dispute or maintain security.

When personal information is no longer required, we will take reasonable steps to delete the personal information from our systems or de-identify the personal information.

13. Amending Personal Information

You may review, update, correct or delete the Personal Information in your Let’s Eat account. We will provide access to that information in accordance with the Privacy Act, subject to any exemptions that may apply. If you would like to correct your information, you may request us to amend it by contacting us at help@letseat.com.au. Where we agree that the information needs to be corrected, we will update it. If we do not agree, you can request that we make a record of your correction request with the relevant information.

You can also ask us to notify any third parties that we provided incorrect information to about the correction. We’ll try and help where we can - if we can’t, then we’ll let you know.

You can cancel your Let’s Eat account entirely by logging in to your account and sending your request to the support function under the My Profile tab, or emailing us at help@letseat.com.au. Please also note that any reviews, forum postings and similar materials posted by you may continue to be publicly available on the Site or Application, even after your Let’s Eat account is cancelled.

14. Questions or complaints?

If you have any questions, concerns or complaints about our collection, use, disclosure or management of your personal information, please contact us at help@letseat.com.au.

We are committed to resolving any complaints reasonably and to ensuring that we are doing the right thing by our customers. We will make all reasonable inquiries and your complaint will be assessed with the aim of resolving any issue in a timely and efficient manner.

If you have raised a complaint with us and you are unsatisfied with the outcome or have further concerns about the way we handle your personal information, under the Privacy Act, you may complain to the Information Commissioner at the Office of the Australian Information Commissioner, whose contact details are set out below:

Office of the Australian Information Commissioner
GPO Box 5218
Sydney NSW 2001
Phone: 1300 363 992
Online: www.oaic.gov.au
Email: enquiries@oaic.gov.au

15. How to contact us

If you have a query, concern or complaint about the manner in which your personal information has been collected or handled by us or would like to request access to or correction of the personal information we hold about you, please contact us using the details provided below:

Privacy Officer
Let’s Eat Group Pty Ltd
Online: lets eat
Email: help@letseat.com.au