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.
Subject to your compliance with these Terms, TBC grant You a limited, non-exclusive, revocable, non-transferable licence to:
You acknowledge and agree that:
You acknowledge that all payments and charges for Products will be made directly to the registered Merchant.
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.
Upon registration of your account with The Burger Collective, personal information is collected from You including but not limited to the following:
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.
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.
The information we collect on or through our Services may include:
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.
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.
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.
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.
We use the information we collect from and about you for a variety of purposes, including to:
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.
General Information Disclosures
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.
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.
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.
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.
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 firstname.lastname@example.org.
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:
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.
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 General Data Protection Regulation (GDPR) has provided the below rights to the EU residents:
EU residents can exercise these rights by raising a request directly at email@example.com or contact us at the information provided in CONTACT US section.
You agree not to:
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.
You may terminate this agreement by:
We may immediately terminate this agreement by;
You can contact The Burger Collective as follows:
Current as of 15th May 2019
The Burger Collective
Discover. Scan. Review. Compete.