Terms of Service

Customer Terms and Conditions

These terms and conditions (Terms) form the agreement between The Burger Collective Pty Ltd (ABN 614 968 820) of Pier 8/9 Hickson Road, Millers Point, NSW, 2000 (TBC) and the customer (You, Your) regarding your use of The Burger Collective Platform.

The Burger Collective service is a technology platform that allows You to search, browse, review and obtain member discounts for food products (Products) supplied by registered merchants (Merchants) via The Burger Collective application on internet enabled devices, website at www.theburgercollective.com.au. or any other website through which we make the Services available (collectively, the Site) and/or the integrated Burger Collective point of sale service (POS) and to interact with you via the Site and App (Service). In these Terms, the App, Site or POS as appropriate is referred to as The Burger Collective.

When You sign-up for the Service via the Site or App and become a registered customer of The Burger Collective, You agree that the Service will be provided on the basis of these Terms.

Licence

Subject to your compliance with these Terms, TBC grant You a limited, non-exclusive, revocable, non-transferable licence to:

access and use The Burger Collective solely in connection with the use of the Service; and
access and use any content, information and related materials that may be made available through the Service, in each case solely for your personal and non-commercial use. Any rights not expressly granted herein are reserved by TBC.

Nature of the Service

You acknowledge and agree that:

We are not a producer, supplier or reseller of the Products;
any contract for the supply of Products is strictly between You and the Merchant;
We do not make any representations or warranties regarding the quality, availability or preparation of the Products or the Products supplied by the Merchants are fit or safe for consumption and you agree to relieve TBC from any liability whatsoever in this regard;
All information relating to Products are dependent on and subject to the availability of the relevant Merchant and the availability of the Merchant's staff and opening hours at the relevant time;
We reserve the right at all times to refuse to provide the Service to You, terminate your access to TBC

Payment and Charges

You acknowledge that all payments and charges for Products will be made directly to the registered Merchant.

Promotions

TBC may from time to time offer promotions or vouchers to registered customers free of charge or for value through The Burger Collective.
Any promotions or vouchers offered through or purchased from TBC cannot be transferred, redeemed or refunded for cash or used beyond their respective expiry dates as noted on the voucher.
You are solely responsible for the security and use of any promotions or vouchers and TBC are not responsible and will not provide a refund for any loss or damage to those promotions or vouchers and have no obligation to replace them for any reason.
TBC have no obligation to redeem any promotion or voucher which appear in TBC’s sole discretion to have been tampered with or forged.

Temporary unavailability of The Burger Collective

TBC takes no responsibility for, and will not be liable for, The Burger Collective Platform being temporarily unavailable for reasons of conducting maintenance, improvements to systems or due to technical issues beyond our control.

Information that we collect

Upon registration of your account with The Burger Collective, personal information is collected from You including but not limited to the following:

Your name, email address, telephone number, birth date, and any supporting correspondence for the purposes of following up issues and for assessing the quality of the services provided; and
Your IP address to assist with the diagnosis and analysis of problems or support issues with our services, such information gathered in aggregate only and cannot be traced to an individual user.

TBC use cookies and applets which contain information by which we are able to identify your computer (or other device used to access The Burger Collective) to our servers. This information is collated on a non-personal, anonymous and aggregated basis for the purposes of assisting TBC in analysing and monitoring the usage of The Burger Collective.

In addition, TBC may also collect information regarding identification of Mac devices for the purposes of assisting TBC in analysing and monitoring the usage of The Burger Collective.

By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in these Terms, including device location data.

Privacy and use of Your personal information

TBC recognise the importance of protecting the privacy of personal information collected about our customers and we take all reasonable measures to keep your personal information secure. In these terms and conditions, "personal information" means information that identifies an individual or from which an individual reasonably can be identified.

Information You Provide to Us

The information we collect on or through our Services may include:

Your account information: Your full name, email address, postal code and other information you may provide with your account, such as your gender, mobile phone number and website. Your profile picture that will be publicly displayed as part of your account profile. You may optionally provide us with this information through third-party sign-in services such as Facebook and Google Plus. In such cases, we fetch and store whatever information is made available to us by you through these sign-in services.
Your preferences: Your preferences and settings such as time zone and language.
Your content: Information you provide through our Services, including your reviews, photographs, comments, followers, the users you follow, the restaurants your follow, food ordering details and history, and other information you provide on our Services, and other information in your account profile.
Your searches and other activities: The search terms you have looked up and results you selected.
Your browsing information: How long you used our Services and which features you used; the ads you clicked on.
Your communications: Communications between you and other users or merchants through our Services; your participation in a survey, poll, sweepstakes, contest or promotion scheme; your request for certain features (e.g., newsletters, updates or other products); your communication with us about employment opportunities posted to the services.
Your Public Posts: You also may provide information (such as ratings, reviews, tips, photos, comments, likes, bookmarks, friends, lists, etc.) to be published or displayed (hereinafter, "posted") on publicly accessible areas of our Services, or transmitted to other users of our Services or third-parties (collectively, "User Contributions"). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages, you may set certain privacy settings for such information by logging into your account profile. Please be aware that no security measures are perfect or impenetrable (see "Security" section below). Additionally, we cannot control the actions of other users of our Services with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons. We may display this information on the Services, share it with businesses, and further distribute it to a wider audience through third party sites and services. You should be careful about revealing any sensitive details about yourself in such postings.

We use the information you provide to us to enhance the functionality and improve the quality of our Services, and to personalize your experience while using our Services. We also use this information to display relevant advertising, provide support to you, communicate with you, and comply with our legal obligations.

Information We Collect Through Automatic Data Collection Technologies

We may automatically collect certain information about the computer or devices (including mobile devices) you use to access the Services, and about your use of the Services, even if you use the Services without registering or logging in.

Usage information: Details of your use of our Services, including traffic data, location data, logs and other communication data and the resources that you access and use on or through our Services.
Computer and device information: Information about your computer, Internet connection and mobile device, including your IP address, operating systems, platforms, browser type, other browsing information (connection, speed, connection type etc.), device type, device's unique device identifier, mobile network information and the device's telephone number.
Stored information and files: Our applications also may access metadata and other information associated with other files stored on your mobile device. This may include, for example, photographs, audio and video clips, personal contacts and address book information.
Location information: Our applications collect real-time information about the location of your device, as permitted by you.
Last URL visited: The URL of the last web page you visited before visiting our websites.
Mobile device IDs: Unique mobile device identifier (e.g. IDFA or other device IDs on Apple devices like the iPhone and iPad), if you're using our Services on a mobile device, we may use mobile device IDs (the unique identifier assigned to a device by the manufacturer), instead of cookies, to recognize you. We may do this to store your preferences and track your use of our applications. Unlike cookies, mobile device IDs cannot be deleted. Advertising companies may use device IDs to track your use of our applications, track the number of advertisements displayed, measure advertising performance and display advertisements that are more relevant to you. Analytics companies may use mobile device IDs to track your usage of our applications.
Your preferences: Your preferences and settings such as time zone and language.
Your activity on the Services: Information about your activity on the Services, such as your search queries, comments, domain names, search results selected, number of clicks, pages viewed and the order of those pages, how long you visited our Services, the date and time you used the Services, error logs, and other similar information.
Mobile status: For mobile application users, the online or offline status of your application.
Applications: If you use The Burger Collective application, The Burger Collective may collect information about the presence and/ or absence and/ or details pertaining to other applications on your mobile phone. The applications we gather information for, may vary across categories including, without limitation, shopping, fashion, food and travel. This will help us understand you and your preferences better and enable The Burger Collective to provide you with a personalized experience.

Precise Location Information and How to Opt Out

When you use one of our location-enabled services (for example, when you access Services from a mobile device), we may collect and process information about your mobile device's GPS location (including the latitude, longitude or altitude of your mobile device) and the time the location information is recorded to customize the Services with location-based information and features (for example, to inform you about restaurants in your area or applicable promotions). Some of these services require your personal data for the feature to work and we may associate location data with your device ID and other information we hold about you. We keep this data for no longer than is reasonably necessary for providing services to you. If you wish to use the particular feature, you will be asked to consent to your data being used for this purpose. You can withdraw your consent at any time by disabling 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.

Cookies and Other Electronic Tools

We, and third parties with whom we partner, may use cookies, pixel tags, web beacons, mobile device IDs, "flash cookies" and similar files or technologies to collect and store information in respect to your use of the Services and third party websites. A cookie is a small text file that is stored on your computer that enables us to recognize you (for example, as a registered user) when you visit our website, store your preferences and settings, enhance your experience by delivering content and advertising specific to your interests, perform research and analytics, track your use of our Services, and assist with security and administrative functions. Cookies may be persistent or stored only during an individual session. To understand more about cookies, click here https://www.aboutcookies.org. A pixel tag (also called a web beacon or clear GIF) is a tiny graphic with a unique identifier, embedded invisibly on a webpage (or an online ad or email), and is used to count or track things like activity on a webpage or ad impressions or clicks, as well as to access cookies stored on users' computers. The Burger Collective uses pixel tags to measure the popularity of our various pages, features and services. We also may include web beacons in e-mail messages or newsletters to determine whether the message has been opened and for other analytics.

Most browsers are set to automatically allow cookies. Please note it may be possible to disable some (but not all) cookies through your device or browser settings, but doing so may interfere with certain functionality on the Services. Major browsers provide users with various options when it comes to cookies. Users can usually set their browsers to block all third-party cookies (which are those set by third-party companies collecting information on websites operated by other companies), block all cookies (including first-party cookies such as the ones The Burger Collective uses to collect search activity information about its users), or block specific cookies. To modify your cookie settings, please visit your browser's help settings. You will need to opt out on each browser and each device you use to access the Services. Flash cookies operate differently than browser cookies and cannot be removed or blocked via web browser settings. By using our Services with your browser set to accept cookies you are consenting to our use of cookies in the manner described in this section.

Third parties whose products or services are accessible or advertised through the Services, including social media services, may also use cookies or similar tools, and we advise you to check their privacy policies for information about their cookies and other practices. We do not control the practices of such partners and their privacy policies govern their interactions with you.

Information from Third Parties

We may collect, process and store your user ID associated with any social media account (such as your Facebook and Google account) that you use to sign into the Services or connect with or use with the Services. When you sign in to your account with your social media account information, or otherwise connect to your social media account with the Services, you consent to our collection, storage, and use, in accordance with this Privacy Policy, of the information that you make available to us through the social media interface. This could include, without limitation, any information that you have made public through your social media account, information that the social media service shares with us, or information that is disclosed during the sign-in process. Please see your social media provider's privacy policy and help center for more information about how they share information when you choose to connect your account.

We may also obtain information about you from third parties such as partners, marketers, third-party websites, and researchers, and combine that information with information which we collect from or about you.

Anonymous or De-Identified Data

We may anonymize and/or de-identify information collected from you through the Services or via other means, including via the use of third-party web analytic tools as described below. As a result, our use and disclosure of aggregated and/or de-identified information is not restricted by this Privacy Policy, and it may be used and disclosed to others without limitation.

How we use the information we collect

We use the information we collect from and about you for a variety of purposes, including to:

Process and respond to your queries
Understand our users (what they do on our Services, what features they like, how they use them, etc.), improve the content and features of our Services (such as by personalizing content to your interests), and make special offers.
Administer our Services and diagnose technical problems.
Send you communications that you have requested or that may be of interest to you by way of emails, telephone calls, or any other mode of communication. We may also share your preferences or the Services availed by you with your network followers on The Burger Collective for marketing and other promotional activities of our Services.
Enable us to show you ads that are relevant to you.
Generate and review reports and data about, and to conduct research on, our user base and Service usage patterns.
Administer contests and sweepstakes.
Provide you with customer support.
Provide you with policies about your account.
Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
Notify you about changes to our Services.
Allow you to participate in interactive features offered through our Services.
In any other way we may describe when you provide the information.
For any other purpose with your consent.

We may also use your information to contact you about our own and third-party goods and services that may be of interest to you. If you do not want us to use your information in this way, please check the relevant box located on the form on which we collect your data and/or adjust your user preferences in your account profile.

We may use the information we have collected from you to enable us to display advertisements to our advertisers'/service providers' target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

How we share the information we collect

We may disclose personal information that we collect or you provide, as described in this privacy policy, in the following ways:

General Information Disclosures

To our subsidiaries and affiliates, which are entities under common ownership or control of our ultimate parent company The Burger Collective Pty Ltd.
To contractors, advertisers/service providers and other third-parties whom we use to support our business (e.g. dinner reservations and food delivery) and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of The Burger Collective's assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by The Burger Collective about the users of our Services are among the assets transferred.
To third-parties to market their products or services to you if you have consented to receive the promotional updates. We contractually require these third-parties to keep personal information confidential and use it only for the purposes for which we disclose it to them.
To fulfill the purpose for which you provide it.
For any other purpose disclosed by us when you provide the information.
Service Providers. We may share your information with outside vendors that we use for a variety of purposes, such as to send you communications via emails, messages or tele-call to inform you about our products that may be of interest to you, push notifications to your mobile device on our behalf, provide voice recognition services to process your spoken queries and questions, help us analyze use of our Services, and process and collect payments. Some of our products, services and databases are hosted by third party hosting services providers. We also may use vendors for other projects, such as conducting surveys or organizing sweepstakes for us. We may share information about you with these vendors only to enable them to perform their services.
Legal Purposes. We may share your information when we believe in good faith that such sharing is reasonably necessary in order to investigate, prevent, or take action regarding possible illegal activities or to comply with legal process. We may also share your information to investigate and address threats or potential threats to the physical safety of any person, to investigate and address violations of this Privacy Policy or the Terms of Service, or to investigate and address violations of the rights of third parties and/or to protect the rights, property and safety of The Burger Collective, our employees, users, or the public. This may involve the sharing of your information with law enforcement, government agencies, courts, and/or other organizations on account of legal request such as subpoena, court order or government demand to comply with the law.
Social Networks. If you interact with social media features on our Services, such as the Facebook Like button, or use your social media credentials to log-in or post content, these features may collect information about your use of the Services, as well as post information about your activities on the social media service. Your interactions with social media companies are governed by their privacy policies.
To enforce or apply our Terms of Use and other agreements, including for billing and collection purposes.
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of The Burger Collective, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
Consent. We may share your information in any other circumstances where we have your consent.

Information Shared with Restaurants

When you follow or review a restaurant through our Services, your information is provided to us and to the restaurants with whom you choose to follow or review. In order to verify your follow or review, we provide your information to that restaurant in a similar manner as if you had made a reservation or food order directly with the restaurant. If you provide a mobile phone number, restaurants or The Burger Collective may send you text messages promoting specials or offers.

Information you choose to share with a restaurant when you write a review or follow a restaurant through our Services may be used by the restaurant for its own purposes. We do not control the privacy practices of restaurants. Please contact the restaurant directly if you want to learn about its privacy practices.

Analytics and tailored advertising

To help us better understand your use of the Services, we may use third-party web analytics on our Services, such as Google Analytics. These service providers use the sort of technology described in the "Automatically-Collected Information" Section above. The information collected by this technology will be disclosed to or collected directly by these service providers, who use the information to evaluate our users' use of the Services. We also use Google Analytics as described in the following section. To prevent Google Analytics from collecting or using your information, you may install the Google Analytics Opt-Out Browser add-on.

Tailored Advertising

Third parties whose products or services are accessible or advertised via the Services may also use cookies or similar technologies to collect information about your use of the Services. This is done in order to help them-

Inform, optimize, and serve ads based on past visits to our website and other sites
and
Report how our ad impressions, other uses of ad services, and interactions with these ad impressions and ad services are related to visits to our website. We also allow other third parties (e.g., ad networks and ad servers such as Google Analytics and others) to serve tailored ads to you on the Services, and to access their own cookies or similar technologies on your computer, mobile phone, or other device you use to access the Services. We neither have access to, nor does this Privacy Policy govern, the use of cookies or other tracking technologies that may be placed by such third parties. These parties may permit you to opt out of ad targeting. If you are interested in more information about tailored browser advertising and how you can generally control cookies from being put on your computer to deliver tailored advertising (i.e., not just for the Services), you may visit the Network Advertising Initiative's Consumer Opt-Out Link, and/or the Digital Advertising Alliance's Consumer Opt-Out Link to opt-out of receiving tailored advertising from companies that participate in those programs. To opt out of Google Analytics for Display Advertising or customize Google Display Network ads, you can visit the Google Ads Settings page. Please note that to the extent advertising technology is integrated into the Services, you may still receive ads even if you opt-out of tailored advertising. In that case, the ads will just not be tailored to your interests. Also, we do not control any of the above opt-out links and are not responsible for any choices you make using these mechanisms or the continued availability or accuracy of these mechanisms.

When accessing the Services from a mobile application you may also receive tailored in-application advertisements. Each operating system: iOS, Android and Windows Phone provides its own instructions on how to prevent the delivery of tailored in-application advertisements. You may review the support materials and/or the privacy settings for the respective operating systems in order to opt-out of tailored in-application advertisements. For any other devices and/or operating systems, please visit the privacy settings for the applicable device or operating system or contact the applicable platform operator.

Choices about how we use and disclose your information

We strive to provide you with choices regarding the personal information you provide to us. You can set your browser or mobile device to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe's website. If you disable or refuse cookies, please note that some parts of our Services may then be inaccessible or not function properly. We do not share your personal information with any advertising agency.

Communication choices

When you sign up for an account, you are opting in to receive emails from other Burger Collective users, businesses, and The Burger Collective itself. You can manage your email preferences and follow the "unsubscribe" instructions in commercial email messages, but note that you cannot opt out of receiving certain administrative policy, service policy, or legal policy from The Burger Collective.

Reviewing, changing or deleting information

If you would like to review, change or delete personal information we have collected from you, or permanently delete your account, please use email us at support@theburgercollective.com.au.

If you delete your User Contributions from our websites, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other users of our websites. Proper access and use of information provided on our websites, including User Contributions, is governed by our Terms of Use.

Accessing & correcting your personal information

We will take reasonable steps to accurately record the personal information that you provide to us and any subsequent updates.

We encourage you to review, update, and correct the personal information that we maintain about you, and you may request that we delete personal information about you that is inaccurate, incomplete, or irrelevant for legitimate purposes, or are being processed in a way which infringes any applicable legal requirement.

Your right to review, update, correct, and delete your personal information may be limited, subject to the law of your jurisdiction:

If your requests are abusive or unreasonably excessive,
Where the rights or safety of another person or persons would be encroached upon,
or
If the information or material you request relates to existing or anticipated legal proceedings between you and us, or providing access to you would prejudice negotiations between us or an investigation of possible unlawful activity. Your right to review, update, correct, and delete your information is subject to our records retention policies and applicable law, including any statutory retention requirements.

Security: How we protect your information

We have implemented appropriate physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access to your information and to maintain data security. These safeguards take into account the sensitivity of the information that we collect, process and store and the current state of technology. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. We assume no liability or responsibility for disclosure of your information due to errors in transmission, unauthorized third-party access, or other causes beyond our control. You play an important role in keeping your personal information secure. You should not share your user name, password, or other security information for your Burger Collective account with anyone. If we receive instructions using your user name and password, we will consider that you have authorized the instructions.

Third party links and services

The Services may contain links to third-party websites. Your use of these features may result in the collection, processing or sharing of information about you, depending on the feature. Please be aware that we are not responsible for the content or privacy practices of other websites or services which may be linked on our services. We do not endorse or make any representations about third-party websites or services. Our Privacy Policy does not cover the information you choose to provide to or that is collected by these third parties. We strongly encourage you to read such third parties' privacy policies.

California privacy rights

California law permits users who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their personal information (if any) for their direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to those parties. To make such a request, please contact us at the information provided in CONTACT US section.

EU privacy/data protection rights

EU General Data Protection Regulation (GDPR) has provided the below rights to the EU residents:

Right to information - including contact details to the DPO, the purposes for processing Personal Information and the rights of the individual.
Right to access the Personal Information that are processed
Right to erasure (”Right to be forgotten”)
Right to rectification
Right to restriction of processing
Right to data portability of the Personal Information supplied to The Burger Collective by the EU resident
Right to object (opt-out) to processing (unless The Burger Collective otherwise has compelling legitimate grounds)

EU residents can exercise these rights by raising a request directly at support@theburgercollective.com.au or contact us at the information provided in CONTACT US section.

Data retention and account termination

You can close your account by visiting your profile settings page on our website. We will remove your public posts from view and/or dissociate them from your account profile, but we may retain information about you for the purposes authorized under this Privacy Policy unless prohibited by law. Thereafter, we will either delete your personal information or de-identify it so that it is anonymous and not attributed to your identity. For example, we may retain information to prevent, investigate, or identify possible wrongdoing in connection with the Service or to comply with legal obligations.

Changes to this privacy policy

We reserve the right to amend this Privacy Policy from time to time to reflect changes in the law, our data collection and use practices, the features of our services, or advances in technology. Please check this page periodically for changes. Use of the information we collect is subject to the Privacy Policy in effect at the time such information is used. If we make any material changes to this Privacy Policy, we will post the changes here. Please review the changes carefully. Your continued use of the Services following the posting of changes to this Privacy Policy will constitute your consent and acceptance of those changes.If You no longer want your information to be used or provided in the manner outlined above please email us at support@theburgercollective.com.au.

Intellectual Property

All of the content of The Burger Collective, including all text, software, scripts, flash files, javascript, graphics, photos, sounds, music, videos, interactive features and the like (Content) and the trademarks, service marks and logos contained therein (Marks) are owned by or licensed to us. The use of the Content and Marks is subject to copyright and other intellectual property rights under Australian laws and international conventions.

You agree not to:

engage in the use, copying, reproduction, modification or distribution of any of the Content or Marks including, without limitation, using, copying, distributing, displaying, reproducing or transmitting in any form or by any means without our prior written consent;
cause or launch any programs or scripts for the purpose of scraping, indexing, surveying or otherwise data mining any portion of The Burger Collective or unduly burdening or hindering the operation and/or functionality of any aspect of The Burger Collective; or
attempt to gain unauthorised access to or impair any aspect of The Burger Collective or its related systems or networks.

Links to third parties

TBC may provide links to third party websites outside our Site that are not under our control and we cannot accept responsibility for or liability in respect of the content of those websites. Prior to disclosing Your personal information on any other website, we advise you to examine the terms and conditions of using that website and any associated privacy statement.

General

You may terminate this agreement by:

Stopping using the Service; and/or
by notifying Us at the following email address support@theburgercollective.com.au

We may immediately terminate this agreement by;

Terminating your use of the Service and/or
Notifying You by email.

Termination:

Termination of this agreement does not affect either party’s accrued rights or liabilities.
We may make a change to the terms and conditions of this agreement at any time without notice and You agree to be bound by such changes.
The Terms of this agreement are governed by the laws of New South Wales.
Any queries in relation to these Terms should be addressed to support@theburgercollective.com.au

Contact us

You can contact The Burger Collective as follows:

Phone: 0426 812 144
Email: support@theburgercollective.com.au
Post: The Burger Collective, Pier 8/9 23, Hickson Road, Millers Point, NSW, 2000

Current as of 15th May 2019

The Burger Collective

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