Background

Dimmi Pty Limited (trading as TheFork AU) and its associated entities (Us, Our, We or the Company) understand the importance of the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (Privacy Act) and the Privacy Amendment (Enhancing Privacy Protection) Act 2012 and are committed to ensuring the privacy of your personal information. The following Privacy Policy is a plain English explanation of how We manage your personal information. Our specific legal obligations in respect to the collection and handling of personal information are outlined in the Privacy Act.

 

Personal Information, as defined in the privacy legislation, is information, or an opinion, in any form, and whether true or not, about an individual whose identity is apparent or can reasonably be ascertained from the information or opinion. We will only use the information that We collect about you lawfully. Generally, We will only collect Personal Information where the information is necessary for Us to perform one or more of Our functions or activities. In this context, “collect” means gather, acquire or obtain by any means, information in circumstances where the individual is identifiable or identified. At any time you can advise Us that you wish to opt out of future contact by contacting Us via phone or via the unsubscribe function in all Our email marketing communications to the preference centre.

 

By providing your personal and any other information to Us, through this website or otherwise, you consent to the collection, use and disclosure of that information in accordance with this Privacy Policy. Personal Information includes information about an individual who is reasonably identifiable.

 

If you do not agree to the Privacy Policy, please do not use the website or otherwise provide Us with personal information.

 

We may amend this Privacy Policy from time to time.

 

What types of personal information do We collect?

The amount and type of personal and/or sensitive information that We collect and hold about you depends on the dealings you have with Us and may include your name, age, date of birth, contact details such as phone, fax, email address and mobile phone number, postal address, payment methods including bank account and credit card details, company details, details of your contact person, the names of all directors, officers and senior management staff, the names of employees, the name of the contact person at your bank or financial institution, records of your communications and interactions with Us and behavior relating to transactions, services and activity with our digital services.

 

We may not be able to provide our services without your personal information.

 

How personal information is collected and held.

We may collect your personal information, and that of other persons using Our services, from your interactions and transactions with Us including:

  • When you make an online reservation or enquiry;
  • When you complete a transaction with Us;
  • When you request information about our services;
  • When you register or subscribe to our services including our website and mailing list;
  • When you participate in our rewards programs;
  • When you visit one of our partners as a part of the services we provide;
  • When you visit certain parts of our website where you are invited to provide content, submissions and suggestions, visitorship data or participate in interactive online activities (i.e. community postings, voting, rating, reviewing, rewards programs, chat, my account or bulletin boards);
  • When you provide information via social media pages or download any Apps such as providing your name or contact details via our Facebook pages, or our Twitter or Instagram accounts or other social media sites or Apps;
  • When you apply for a job with Us or seek to become a service provider, a partner restaurant or seek Us to provide you services;
  • When you participate in contests or competitions;
  • When you contact our partners, suppliers, associates or others within Our group of companies;
  • From third parties, including public sources, information service providers, credit reporting agencies or anyone authorised to act on your behalf.

 

We may also collect information by other means and will take all reasonable steps to inform you if and when We do.

 

We collect Personal Information in a number of ways, including:

 

  • Through our websites;
  • In person;
  • Over the telephone including by way of monitoring and recording telephone calls;
  • On hard copy forms; 
  • Through written communications including letters, facsimiles and emails;
  • From third parties, including: 
    • Publically available sources, information service providers, credit reporting agencies or anyone authorized to act on your behalf;
    • Agents, employees, subcontractors, suppliers and services providers;
    • Our partners and related entities.

While We strive to protect our users’ Personal Information and privacy, We cannot guarantee the security of any information you disclose online in chat boards, discussions or forums and you do so at your own risk.

 

Please note:

  • Before We can provide any service, We will ask your permission to collect and use the information needed. This is done via application forms, administration processes and other ways of collecting information;
  • If you don’t provide us with all required information, We may not be able to provide you with the service as requested;
  • There may be times when it is lawful and practical for you to work with us anonymously; however, by doing so, We may not be able to provide you with the product or service as requested;
  • Unsolicited information and information received from third parties will be held on file where permitted by law or destroyed. 

 

If it is practical We will notify you of the matters listed below at the time of collecting any Personal Information: 

 

  • The main reason that We are collecting Personal Information (this reason will be the Primary Purpose);
  • Other related Uses or Disclosures that We may make of the Personal Information (Secondary Purposes);
  • Our identity and how individuals can contact us, if this is not obvious;
  • That individuals can access the Personal Information that We hold about them;
  • That individuals should contact us if they wish to access or correct Personal Information collected by Us or have any concerns in relation to Personal Information;
  • Where applicable, any law that requires the Personal Information to be collected;
  • The consequences (if any) for the individual if all or part of the Personal Information is not provided to Us.

 

We will provide “post collection notification” in those circumstances where it is not practicable to notify individuals about the collection of their personal information before it is collected.

 

We also collect general statistical information from our website, such as the number of visitors to the website, the number of pages viewed, the date, time and duration of visits and how the visitor came to the website. We may also collect Internet Protocol (IP) addresses and internet browser type. This information will not identify you. For more information, please read the section on cookies below.

 

So that We can continue to offer you great offers and promotion information, We give you the opportunity to say yes to being contacted by us by email or SMS. This is totally your choice and you can opt out of future contact whenever you want by contacting us via phone or via the unsubscribe function in all our email marketing communications to the preference centre.

 

Analytic, session, Tracking pixels and cookie tools

We use a range of tools provided by third parties, including Google, Facebook, Bing and other service providers including our web hosting company Bulletproof, to collect or view website traffic information and site visitorship data. These sites and providers have their own privacy policies. We also use, cookies and session tools to improve your experience when accessing our websites. We use the information to maintain, secure and improve our websites and to enhance your experience when using them.

 

Site visitorship data is information about the way a website is used that is not associated with an individual’s identity. We use anonymous data regarding online behavior to better understand how people use our products and services. To that end, We may use aggregated, anonymous online traffic behavior, along with information from third parties to track usage trends and thereby improve our services. We may also use this aggregated, anonymous information to develop reports that We may share with third party marketing partners and affiliates. The kind of information We may collect includes:

  • The date and time you access the services;
  • Your internet service provider, mobile carrier, or data services provider;
  • Your Internet Protocol (IP) address;
  • The pages you visit;
  • The links you click;
  • The features you use;
  • How and when you interact with the services;
  • The content, images and advertisements you select; and
  • How you arrived on restaurant pages and where you go when you leave.

 

In addition to anonymous Data Collection Tools we also collect identifiable information through the use of tracking pixels. A tracking pixel is a transparent graphic image (usually 1 pixel x 1 pixel) that is placed on a web page and allows for the collection of information regarding the use of the web page that contains the tracking pixel. If you have used Facebook on the same device, we share the tracking pixel data with Facebook who will use this to optimise advertising provided to you when using Facebook.

 

Most site visitorship data is collected using data collection tools such as web beacons, cookies, embedded web links and other software (together “Data Collection Tools”). Data Collection Tools are typically small data files or software that are sent to your browser and stored on your computer or mobile device. Most browsers and display software can be set to inform you when Data Collection Tools are being used or other tracking software (such as tracking pixels) is being sent to your computer or Personal Communication Device. They also provide you with the option of refusing the use of tracking software as well as the storage Data Collection Tools. However, refusing to allow the use of Data Collection Tools may, in some cases, preclude you from using, or negatively impact the display or function of, certain areas or features of our services, including preventing you from purchasing products or acquiring services from Us.

 

Data Collection Tools may store the information in your shopping cart and allow us to relate your use of the services to other information about you, including your Personal Information. We may do this to improve and personalise your experience and help resolve problems you experience through your use of the website.

 

Location-Based Information

We may collect information relating to your general location based on:

  • Information you manually provide;
  • The IP address of your computer;
  • Geolocalisation information sent to us by your GPS-enabled device; and
  • The proximity of your computer, tablet, mobile wireless device, personal digital assistant, personal communication system, or other communications device (your “Personal Communication Device”) to the nearest radio tower, wireless access point or cell site.

We may also be able to detect when your Personal Communication Device is activated as Well as when and how you are using it. We may collect data to verify the information you provide manually and to provide you with location-based content and advertising. We may associate Personally Identifiable Information with location-based information provided by you or your Personal Communication Device solely for our internal use and to improve your experience with the products.

 

Why We collect personal information

We collect, hold, use and disclose your personal information so that We may:

  • provide you with Our services;
  • Provide you with information about Our services;
  • Tell you about  services and provide information to our third party marketing partners, subject to this Privacy Policy;
  • Respond to your requests for information;
  • Process survey results and other data you provide;
  • Process contest entries;
  • Consider applications for employment;
  • Internal management purposes;
  • Facilitate Our marketing and promotional activities;
  • Filter the services and information We offer;
  • Open, maintain and administer user accounts; and
  • Any other purpose to which you have consented or which is required or permitted by law.

 

We may also collect non-personal information such as your IP address, browser type, the date and time of your visit, the particular pages you access and the information you download. The information We obtain is not personal information about you. For more information, please read the section on Cookies above.

 

Digital Services

We provide information and services through a range of digital and online services including websites, email and social media profiles. Some information We collect, for example is not related to an individual. In many cases, the information relates only to a device or is of an aggregated or statistical nature, and We will have no way of knowing the identity of the user. In other cases, We may associate information about your use of our digital services over time with your personal information, for example, when on any occasion you have logged in, followed a link sent to you by email, or We have otherwise been able to identify you.

 

How do We use and disclose Personal Information?

We use Personal Information to process orders and reservations made by you, provide services to you or to contact you about products or services that are relevant to you or to send you information that may be of interest to you. We will not use Personal Information without taking reasonable steps to ensure that the information is accurate, complete and up to date.

 

If you are participating in a trial, competition or in some sort of feedback/information/testimonial or other engagement with Us or Our contractors, We may also, to the extent required, collect and retain that personal information about you.

 

We will not disclose Personal Information We collect from you on Our Website or on any form of social media without your consent. A user’s contact details will not be posted by us. If We plan to post your Personal Information, you will be given prior notification of such posting and given the option of preventing such posting.

 

Unless otherwise disclosed during collection, We will not provide any Personal Information to any third party for any purpose whatsoever, other than:

 

  • In the event of a sale or potential sale of Our business or company or part of Our assets (then to that purchaser or potential purchaser);
  • To enable Our suppliers or partners to fulfil an order or reservation that you have made with us; or
  • To one of Our related body corporate, partners or service providers.

 

Please note, if you provide your credit card information in order to effect a credit card prepayment or give a guarantee to secure a booking on Our website, such information will be securely transferred to Our payment processing provider, Stripe, to enable them to process your transaction on behalf of the restaurant.

 

Sharing of Personal Information and cross-border disclosure

We may share your personal information with third parties where appropriate for the purposes set out in this Privacy Policy, including:

  • Our group companies;
  • Merchants for payment processing;
  • To our suppliers or partners to fulfil an order or reservation that you have made with us;
  • Service providers engaged to assist with services including sales, distribution, logistics and delivery, data processing and storage, data analysis, information broking, credit reporting, online computing, printing, contact centre, legal, accounting, business consulting, marketing, research, auditing, archival, delivery, security, investigation, mailing services and analysis.

 

It is a condition of use of Our website that you consent to the disclosure of your personal information to third parties.

 

We generally do not send personal information overseas. The third parties to whom We disclose and who collect personal information on our behalf may be located in Australia and other countries including the USA, France and the UK. We take reasonable steps to ensure that all our service providers agree to protect the privacy and security of your personal information, and use it only for the purpose for which it is disclosed, subject to their obligations of compliance to the Privacy Act. If at any time We are required by law or legal process to release Personal Information about you, We must cooperate fully.

 

Direct marketing and opting out

From time to time, We and Our affiliates may communicate with you regarding your transactions and the administration of your account, current projects, special offers, invitations to events, offers for services, new services previews, updates to Our services, press releases and announcements concerning the services We provide, contests and prize draws, as Well as important changes in Our Terms and Conditions and this Privacy Policy.

 

By providing Us with your address, email address and/or your phone and mobile phone number, you consent to receiving such communications. We may send you this information in a number of ways, including by mail, email, social media, SMS, MMS, telephone and any of our Apps or software that you download.

 

If at any time you decide for any reason that you no longer wish to receive such communications, you can opt out of receiving them by using one of the following methods:

 

  • Contacting Us by email at support@thefork.com.au;
  • Speaking to Us by phone on 1300 337 761;
  • Selecting the "opt out" or "unsubscribe" link, or follow the opt out instructions that may be included in such communication;
  • Advising Us if you receive a marketing call that you no longer wish to receive these calls.

 

Please be aware that when you opt out of receiving communications, it may affect the services you have chosen to receive from Us where accepting the communications is a condition of receiving such services.

 

Access to, and correction of, personal information

You are entitled to access your own personal information being held by Us. This information is generally provided on request. So that We can respond to your request quickly and efficiently, if at any time you want to know what personal information We hold about you, correct such information or have any questions or complaints you are welcome to contact Us by:

 

  • Email at support@thefork.com.au;
  • Phone on 1300 337 761;

 

We aim to respond to most requests for access within 30 days subject to some exceptions permitted by law. We may however charge a fee to cover Our reasonable costs of locating the information and providing it to you.

 

If you ask Us to correct personal information that We hold about you, or if We are satisfied that the personal information We hold is inaccurate, out of date, incomplete, irrelevant or misleading, We will take reasonable steps to correct that information to ensure that, having regard to the purpose for which it is held, the information is accurate, up-to-date, complete, relevant and not misleading. If We correct personal information about you, and We have previously disclosed that information to another agency or organisation that is subject to the Privacy Act, you may ask Us to notify that other entity. If so, We will take reasonable steps to do so, unless this would be impracticable or unlawful. Where We decide not to make a requested correction and you disagree, you may ask Us to make a note of your requested correction with the information.

 

In most cases, We expect that complaints will be investigated and a response provided within 30 days of receipt of the complaint. If the matter is more complex and Our investigation may take longer, We will contact you and tell you when We expect to provide Our response.

 

How do We keep your personal information secure?

We hold personal information in a number of ways, including electronically, in hard copy form, in electronic databases and files, both at Our own premises and with the assistance of our service providers including at archive facilities and external data management facilities. We implement a range of measures to protect the security of that personal information. The steps We take to secure personal information include website protection measures, security restrictions on access to Our premises and computer systems together with Our service provider’s facilities. The Personal Information we hold will be held securely in accordance with Our internal policy and the law. We take steps to protect the Personal Information We hold against loss, unauthorised access, use, modification or disclosure, and against other misuse. We also take measures in respect of destroying or de-identifying personal information that is no longer needed for any lawful purpose.

 

We cannot guarantee, in every circumstance, the security of the Personal Information you provide on the website or via any electronic form of communication with us.

 

Where data is held overseas or by third parties, We require third parties to store such data in restricted access premises and provide appropriate protection against unauthorised disclosure. As a minimum security requirement, password authentication is required to access those databases in all cases.

 

Hyperlinks and Referrals

Other websites accessible through Our services (through hyperlinks, advertisements or otherwise) have their own privacy policies and data collection, use and disclosure practices. Please consult their terms and conditions and privacy policies prior to use. We do not, even periodically, review the privacy policies or terms of use of third parties and We are not responsible or liable for their privacy practices, nor the availability or reliability of the services they may provide, or the accuracy or completeness of their content.

 

Complaints

If you have a complaint about how We have collected or handled your personal information, please contact Us by:

 

  • Email at support@thefork.com.au;
  • Phone on 1300 337 761;

 

We will endeavour in the first instance to deal with your complaint and take action to resolve the matter. If your complaint cannot be resolved at the first instance, We will ask you to lodge a formal complaint in writing, explaining the issues of your complaint, how you believe your privacy has been interfered with and how you believe your complaint should be resolved.

 

Upon receipt of a formal complaint, We will acknowledge receipt and indicate the timeframe that you can expect a response. We will endeavour to resolve the complaint as quickly as possible, but if the matter is complex and our investigation may take longer, We will let you know when We expect to provide our response

 

If you are unhappy with Our response, you may refer your complaint to the Office of the Australian Information Commissioner or other appropriate body.

 

Dimmi Pty Limited (trading as TheFork AU)