Effective as of 24 October 2019
Under the Act, “Personal Information” is defined as: “Information or an opinion about an identified individual, or an individual who is reasonably identifiable:
(a) whether the information or opinion is true or not; and
(b) whether the information or opinion is recorded in a material form or not.”
1. ABOUT KADDY
Kaddy is the owner and operator of platform that specialises in connecting hospitality customers (‘Customers’) with suppliers of the best and freshest product available (‘Suppliers’).
In delivering its’ services Kaddy provides a variety of digital and online offerings including the Kaddy website and associated platform (collectively ‘Kaddy Platform’).
In providing the Kaddy Platform, we are sensitive to Users’ concerns about the safety of their Personal Information.
In essence, Kaddy will typically only:
- collect, use or share your Personal Information with your consent (unless it is not reasonable in the circumstances to obtain your consent and it is legally permissible for us to do so) or when required by a legal obligation; and
- interact with your Personal Information in order to:
(a) provide you with access to the Kaddy Platform,
(b) help us improve and develop the Kaddy Platform, and
(c) meet our obligations in respect of any agreement we have with you.
Kaddy has developed our privacy framework to assist Users, and to comply with privacy legislation and regulations applicable to us and our management of your Personal Information.
2. HOW KADDY COLLECTS YOUR PERSONAL INFORMATION
Kaddy collects Personal Information from individuals in one of three main ways:
(a) Directly from Users, when they interact with Kaddy or the Kaddy platform (e.g. enter User account information and preferences, or provide us with feedback);
(b) Passively from Users, when they interact with and use the Kaddy Platform;
(c) From third-parties in certain, specific circumstances (e.g. a third-party service or platform may provide us with information you have consented to them sharing).
The types of Personal Information collected in each situation is discussed further below.
3. WHEN KADDY COLLECTS INFORMATION FROM USERS AND WHAT WE COLLECT
Personal Information collected directly
When Users sign up to components of the Kaddy Platform we collect the following types of Personal Information directly and consensually:
Basic User information, including your name, company name, and email; and
Basic account information, including any profile information, social media handles or other information you choose to associate with your account.
We will collect the following types of information from Users as they use the Kaddy Platform:
Basic account preferences, such as your preferences regarding orders; and
Content that you post and submit to the Kaddy Platform as well as content you may post directly on our social media pages, which includes any content from third-party platforms.
In the course of fulfilling an order or otherwise providing you with our services we may collect the following types of Personal Information directly and consensually from you:
Delivery/pick up information, such as your full address and contact number; and
Payment related information, such as bank account details or other information required to give effect to our agreement(s). When a User makes an enquiry or sends us unsolicited feedback we may collect the following types of Personal Information directly and consensually:
Basic contact information, including your name and email; and
Feedback information and the details of your interactions with us, including communications with customer support or other Kaddy personnel (e.g. the contents of an email an email sent to firstname.lastname@example.org) or other information provided by you regarding your enquiry.
When you respond to a survey we may directly and consensually collect the Personal Information disclaimed on the survey form.
When you make an application for employment at Kaddy, we may collect any Personal Information provided within that application, such as the contents of a personal statement made in support of your application.
Personal Information collected passively
As you interact with the Kaddy Platform or advertisements, we may collect the following types of Personal Information about your usage:
Content that is posted about you by others over our social media accounts, and where applicable directly over the Kaddy platform;
Background account information, such as your order preferences or settings;
Information about transactions, such as records of your purchases and invoices.; and
The following types of browser and system information regarding devices you use to the Kaddy Platform or use to access our digital content:
Web data tracking information, such as your IP address and logs of your access of the Kaddy Platform; and
Browser information provided by the browser you use to access the Kaddy Platform.
Personal Information collected from third-parties
In certain specific situations, Kaddy may collect Personal Information about you from third-parties. For example, we may collect third-party web data tracking information about Kaddy Users (e.g. reports developed through Elasticsearch Analytics which track patterns of interactions with our web pages). You can generally control the information we receive from these sources by through your browser privacy settings, or through privacy settings on third-party services or platforms.
4. WHY KADDY COLLECTS YOUR PERSONAL INFORMATION AND WHAT WE USE IT FOR
Although Kaddy collects Personal Information from Users in a number of circumstances, Kaddy will only collect this information in order to provide you with access to the Kaddy Platform, improve and develop the Kaddy Platform, and to meet our obligations in respect of any agreement we have with you (e.g. if you are a Customer or Supplier). Here are the main ways we use Personal Information to achieve these objectives:
Communicating with Users
Kaddy will use basic User, account and contact information to communicate with individuals about their feedback or issues with the Kaddy Platform.
If Users have consented, Kaddy will also use these types of Personal Information to share relevant news and updates about Kaddy and the Kaddy Platform.
Administration and delivery of Kaddy Platform
Kaddy will use basic User and account information, as well as other basic preferences to provide you with the baseline experience of the Kaddy Platform and related services (e.g. connecting and facilitating orders between Customers and Suppliers).
Kaddy will use your basic User information for simple administrative tasks, such as resetting account passwords.
Kaddy will use your delivery/pick up and payment related information to facilitate the formation and completion of orders between Customers and Suppliers through the Kaddy Platform.
Kaddy may use your account preferences to provide you with a tailored experience when using the Kaddy Platform.
Ensuring User safety Kaddy will also use any type of information collected to prevent and address risks to all Users (e.g. Kaddy will use information to investigate suspicious or threatening activity).
Research and development
Kaddy will use the following types of information to develop, test and improve the Kaddy Platform:
Survey and feedback information, as well as any content that is submitted in relation to features of the Kaddy Platform;
Basic account information;
Content you submit, either directly through the Kaddy Platform or through third-party platforms or services.
Background account, browser and system information; and
Third-party web tracking information.
Together these types of Personal Information are used to provide us with an overview of how the Kaddy Platform is being used, any shortcomings it may have, and subsequently to highlight what will be the best means of improving the experience for all Users.
Kaddy’s preference will be to de-identify these types information first, and then use it for this purpose in conjunction with de-identified browser and system information (see section 6 below for an explanation of what we mean by “de-identified”).
Where Users have consented, Kaddy will use basic contact, enquiry and account information to provide Users with relevant marketing materials and offers. Users can always opt out of this through the functionality provided in each marketing communication (e.g. by clicking “unsubscribe” at the bottom of an email).
5. KADDY’s DISCLOSURE OF PERSONAL INFORMATION
Generally, Kaddy does not disclose Personal Information to any third-parties except:
Service providers Kaddy engages to help us provide and develop the Kaddy services and Kaddy Platform (e.g. cloud service providers); and
Law enforcement agencies, or another party that has a legitimate legal right to access the information.
Some of the third-parties Kaddy discloses Personal Information to are located overseas. This is particularly the case for our third-party software and cloud service providers which are currently located in the United States. As with disclosures to third-party service providers, overseas disclosures are always made once Kaddy has taken all reasonable steps to determine the information will be treated at least as favourably under the Act and other applicable privacy laws.
6. KADDY’S TREATMENT AND STORAGE OF INFORMATION
Kaddy’s general approach
Kaddy will keep your Personal Information confidential and not sell or knowingly divulge User information to any external third-parties, unless:
The disclosure is made in accordance with an agreement on foot with you, or to which you otherwise consented;
We believe, in good faith, that we are required to share the Personal Information with a third party in order to comply with legitimate legal obligations;
The disclosure is to a third-party processor of Personal Information that acts on our behalf and/or under our instruction in order to enable us to develop and deliver the Kaddy Platform (e.g. a cloud service provider or local marketing and development partner);
Other entities acquire ownership or operation of Kaddy or the Kaddy Platform; and/orWe need to protect the safety of Users, and the security of our Kaddy Platform.
Users can always refuse or revoke this consent, but sometimes this will affect Kaddy’s ability to provide them with the Kaddy Platform and other offerings. Kaddy will advise Users if this is the case.
De-identificationDe-identified information refers to information that cannot reasonably be used to identify a particular individual.
De-identified information that will never be able to personally identify particular individuals is referred to as anonymised information (e.g. statistics that show 90% of Users were happy with the Kaddy Platform). Additionally, de-identified information that can identify individuals only if it is combined with another, separate piece of information is referred to as pseudonymised information (e.g. ID numbers).
Where possible Kaddy will aim to collect, store and use anonymised information as a first preference, and if not, then pseudonymised information.
However, sometimes it will be impractical for User information to be de-identified or treated in this way, and in this case, Kaddy will continue to use and hold the information in a personally identifiable state. For example, if Kaddy needs to reply to a User enquiry we will have to use the contact information provided.
SecurityKaddy is committed to information security. We will use all reasonable endeavours to keep the Personal Information we collect, hold and use in a secure environment. To this end we have implemented technical, organisational and physical security measures that are designed to protect Personal Information, and to respond appropriately if it is ever breached. When information collected or used by Kaddy is stored on third-party service providers (e.g. AWS cloud servers), Kaddy takes reasonable steps to ensure these third-parties use industry standard security measures that meet the level of information security Kaddy owes Users.As part of our privacy framework we endeavour to routinely review these security procedures and consider the appropriateness of new technologies and methods.
7. KADDY’S RETENTION OF INFORMATION
Kaddy retains Personal Information until it is no longer needed to provide or develop the Kaddy Platform.
However, Kaddy will retain:
Personal Information in circumstances where we have legal and regulatory obligations to do so (e.g. for law enforcement purposes, employment law, corporate or tax record keeping, or where the information is relevant to legitimate legal proceedings); and
8. COLLECTION NOTICE & CONSENT Credit Information
We may disclose Credit Information about a customer (‘you’) to a credit reporting body in certain circumstances. In this notice, Credit Information:refers to Personal Information that has a bearing on credit that has been provided to you, that you have applied for, or in respect of which you are, or may become, a guarantor; and
includes (i) information that we obtain from credit reporting bodies;
(ii) information that we derive from such information, for example, a credit score; and
(iii) information that we may disclose to a credit reporting body in relation to an application made to us for credit by a customer, or prospective customer who has nominated you as a guarantor. It can also cover information about you as a guarantor of a loan or as an insured party under a credit related insurance policy.
Information contained in our Credit Reporting Policy
Our Credit Reporting Policy contains information about:
• How we handle, including the purposes for which we may use, Credit Information that we hold about you;
• How you may access the Credit Information that we hold about you;
• How you may seek the correction of Credit Information that we hold about you;
• How you may complain about any failure by us to comply with our obligations in relation to credit reporting under the Act or the Privacy (Credit Reporting) Code 2014 (Version 1.2) (‘CR Code’); and
• How we will deal with such a complaint.
You may obtain our Credit Reporting Policy by writing to our Privacy Officer by email at email@example.com.
Disclosure of Credit Information to credit reporting bodies
We may disclose Credit Information we collect about you in connection with an application for credit or other credit-related interactions with us to credit reporting bodies. We may change the credit reporting bodies with whom we deal from time to time. Please refer to our Credit Reporting
Policy for updated details of credit reporting bodies to whom we may disclose your Credit Information.
A credit reporting body may include the information we disclose in reports provided to credit providers to assist them to assess your credit worthiness. If you fail to meet your payment obligations in relation to consumer credit, or commit a serious credit infringement, we may be entitled to disclose this to a credit reporting body.
Your rights in relation to Credit Information
Under the Act and the CR Code, you have certain rights in relation to Credit Information we hold about you, including:a right to access any such information;
a right to request that we correct any such information;
a right to make a complaint to us about an act that may breach Part IIIA of the Act or the CR Code;
a right to request credit reporting bodies not to use Credit Information about you to determine your eligibility to receive direct marketing from credit providers; and
a right to request that credit reporting bodies not use or disclose Credit Information about you if you believe that you have been, or are likely to be, a victim of fraud.
For details about how to access Credit Information that we hold about you, or request a correction to any such information, please refer to our Credit Reporting Policy.
Disclosure to entities without an Australian link
We may disclose Credit Information to companies incorporated outside
Australia. It is not practicable to list all these entities here, as they could potentially be located throughout the world.
9. MANAGING PERSONAL INFORMATION YOUR INFORMATION Accessing and ensuring the accuracy of Personal Information
Kaddy takes reasonable steps to ensure that the Personal Information we collect and hold is accurate, up to date and complete.
Users have a right to access and request the correction of any of Personal Information we hold about them at any time. Any such requests should be made by directly contacting us at the details set out below. Kaddy will grant access to the extent required or authorised by the Act and applicable laws, and will take all reasonable steps to correct the relevant Personal Information where appropriate.
There may be circumstances in which Kaddy cannot provide Users with access to information. We will advise you of these reasons if this is the case.
Kaddy has appointed a Privacy Officer to be the first point of contact for all privacy related matters and to assist in ensuring our compliance with our privacy obligations.
Privacy Officer Email: firstname.lastname@example.org
Level 7 61 York Street
Sydney NSW 2000
The Privacy Officer will respond to your query or complaint as quickly as possible. Kaddy will contact you if we require any additional information from you and will notify you in writing (which includes electronic communication via email) of the relevant determination.
If you are not satisfied with the determination you can contact us to discuss your concerns or complain to the Australian Privacy Commissioner via www.oaic.gov.au.
Personal Information refers to information or an opinion about an identified, or reasonably identifiable individual, regardless of the truth of that information/opinion and regardless of whether it is in a recorded form.