TheLocal.com.bd Privacy Introduction
Principle 1 - Open and Transparent Management of Personal Information.
1.1 The Local Collects Personal Information about customers, prospective customers and Website
users which is reasonably necessary for, or directly related to, one or more its functions or activities.
We Collect your Personal Information in several ways, including but not limited to:
(a)the registration process on our Website;
(b)other instances in which you provide Personal Information via our Website;
(c)over the phone.
1.2 The Personal Information that we Collect includes (but is not necessarily limited to): your first
name, your last name and your email address.
1.3 If you wish to 'refer a friend' to The Local that friend must register themselves - we will not enter
Personal Information on their behalf. You can refer a friend to The Local by clicking on the following
1.4 At or before the time, or, if that is not practicable, as soon as practicable after, we Collect your
Personal Information, we will notify you of the matters required pursuant to Australian Privacy
Principal 5 – Notification of the Collection of Personal Information, by providing you with this Privacy
1.5 TheLocal.com.bd will not Collect Personal Information secretly or in an underhanded way and
will not sell your Personal Information to any third party. 2. HOW WE USE YOUR INFORMATION AND WHEN WE MAY DISCLOSE IT
2.1 TheLocal.com.bd holds Personal Information which it has Collected to Use and/or Disclose for its Primary Purposes, including but not limited to:
(a)promoting daily deals to you;
(b)answering your inquiry;
(c)sending you additional materials relating to The Local and products and services that may be of interest to you; and
(d)providing you with effective customer service.
(e)delivering the products and services you purchased or requested (please note that this may include providing your Personal Information to third parties to enable the delivery of products and services which you purchased or requested).
2.2 The Local also holds Personal Information which it Uses and/or Discloses for purposes other than its Primary Purposes (Secondary Purposes). You provide your consent to us Using and/or
Disclosing your Personal Information for the following Secondary Purposes:
(a) billing and account management;
(b) business planning and product development;
(c) enabling us to better understand your needs and interests;
(d) improving the content, functionality and usability of our Website;
(e) improving our marketing and promotional efforts;
(f) displaying personalised advertising when you visit our Website;
(g) for any other purpose identified in any other agreement between The Local and you;
(h) issues, news or other information relevant to your dealings with The Local, or about The Local generally, or the industries in which you or The Local operates; and
2.3 In addition to the Secondary Purposes outlined above we use Google Analytics (a web analytics services provided by Google) and data such as age, gender and browsing activity to better understand the behaviour of our customers and provide targeted advertising to suit customers interests and preferences. Accordingly, when you visit our website, we, and/or a third party, may place cookies on your browser to determine information including (but not limited to) your computers location, browsing activity and time spent on each web page. We and/or Google may use this information to optimise and place advertisements. By using this website and agreeing to this policy, you grant us permission to place and store cookies on your browser. Cookies can be managed by accessing the individual settings in your browser.
(a) the Secondary Purpose is related to a Primary Purpose; and
(b) you would have a Reasonable Expectation that we would Use the information for that Secondary Purpose.
2.5 From time to time we may Disclose your Personal Information to organisations outside of The Local in order to deliver the services you require. Your Personal Information is Disclosed to these organisations only in relation to us providing our services to you. These organisations carry out, amongst other services, our:
(a) billing and debt- recovery functions;
(b) customer inquiries;
(c) information technology services;
(d) marketing services (including market research);
(e) website usage analysis; and
Personal Information to the merchant (although you may be requested to do so when you redeemthe relevant voucher).
If you purchase a product, we will disclose your name, address and other information necessary to complete the order to the merchant on whose behalf the deal is advertised (the Merchant). We will use reasonable endeavours to make sure that the Personal Information that we disclose to the Merchant on your behalf is the minimum necessary to complete the order.
2.6 The Website uses social plugins (hereinafter "Plugins") of the social network Facebook, which is operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (hereinafter "Facebook"). The plugins are marked by a Facebook logo or the words "Social Plug-in by Facebook" or "Facebook Social Plugin". Find an overview of the Facebook plugins and their appearance on http://developers.facebook.com/plugins. If you request a page of our website which contains a plugin, your browser will build up a direct connection to the servers of Facebook. Facebook directly transmits the content of the plugin to your browser and from there it is incorporated in the website. By integrating the plugin, Facebook receives the information that your browser has accessed the page of our website, even if you do not have a Facebook account or if you are not logged into
Facebook at the time. This information (including your IP address) will be sent directly from your browser to a Facebook server in the U.S. and stored there. If you are logged into Facebook, Facebook can assign your visit to our website directly to your Facebook account. If you interact with the plugins, for example, by pressing the "Like" button or by leaving a comment, the corresponding information is also transmitted directly to a Facebook server and is stored there. The information is also posted on Facebook and can be seen by your Facebook friends. Facebook may use this information for purposes of advertising, market research and personalised design of Facebook pages. For this purpose, Facebook creates profiles regarding usage, interests and relationships, e.g. to evaluate your use of our website with regard to the advertisements displayed to you on Facebook,
2.7 Where you use a credit card to purchase an offer from The Local of which you are not the card-holder and named on the card, you unconditionally acknowledge that you have been duly authorised by the card-holder to make purchases on The Local or in general, and that, in the event of a claim from the credit-card holder (that this was an unauthorised transaction) - you indemnify The Local for any claim (including legal action, fees or charge-back) that Cudo may face as a result of this unauthorised purchase.
3. Direct Marketing
(a) that has been Collected from you in circumstances where:
(i)you have provided consent to do so; or
(ii)it is within your Reasonable Expectations; or
(iii)where it is impracticable to obtain your consent;
(b) that has been Collected from any third party in circumstances where:
(i) you have provided consent to do so; or
(ii) it is impracticable to obtain your consent.
3.3 In each Direct Marketing communication, we will include a:
(a) prominent statement appearing on the relevant piece of marketing material notifying you of your right to Opt Out from further Direct Marketing; and
(b)simple means for you to Opt Out of receiving further Direct Marketing communications of that kind.
3.4 Should you Opt Out, we will stop Using and/or Disclosing your Personal Information for Direct
3.5The Local will not Use your Sensitive Information for Direct Marketing purposes.
4. ENSURING INFORMATION IS ACCURATE AND UP-TO-DATE
We take reasonable precautions to ensure that the Personal Information we Collect, Use and
Disclose is complete, relevant and up-to-date.
However, the accuracy of that information depends to a large extent on the information you provide.
That's why we recommend that you:
(a) let us know if there are any errors in your Personal Information; and
(b) keep us up-to-date with changes to your Personal Information such as your name or address. You may change your personal details by using the relevant facility on our Website or by contacting TheGourmet.com.au care of the contact details described in Point 12.
5. HOW WE PROTECT YOUR INFORMATION
5.1 The Local will take reasonable steps to protect the Personal Information from misuse, interference, loss and unauthorised access or disclosure. This may include taking reasonable steps to destroy or permanently de-identify Personal Information once it is no longer needed for any purpose for which it may be Used or Disclosed in accordance with Australian Privacy Principal 11.2, subject to the exceptions contained therein.
5.2 The Local will not attempt to match de-identified or anonymous data Collected through surveys or such online devices as "cookies", with information identifying an individual, without the consent of the relevant individual.
5.4 The Local will take reasonable steps to ensure that Personal Information is only accessible by
people who have a genuine "need to know" as well as "right to know."
6. HOW YOU CAN ACCESS OR CORRECT YOUR INFORMATION
6.1 The Local will permit its records containing your Personal Information to be accessed by youwhen required by the Privacy Act. We may, however, refuse to provide you with access to yourPersonal Information if one or more of those matters contained in Australian Privacy Principle 12.3 -Access to Personal Information – applies, including but not limited to instances in which:
(a) we reasonably believe that giving you access to your Personal Information would pose a serious threat to the life or to the health and safety of any individual (including you);
(b) giving access to the information would have an unreasonable impact on the privacyof any other individual;
(c)your request for access is frivolous or vexatious or giving such access will be unlawful
6.2 If The Local is satisfied that:
(a)having regard to the purpose for which the information is held, the information is inaccurate, out of date, incomplete or irrelevant or misleading; or
(b)you (as the person to whom the Personal Information relates) request that we correct the information; we will take reasonable steps to correct our records containing your Personal Information as soon as practically possible in accordance with the Privacy Act.
6.3 If we have refused to grant you access to your Personal Information in accordance with Point 6.1 above, we will still take all reasonable steps to provide you with access to your Personal Information in a way that meets both your needs and our needs.
6.4 If you:
(a)wish to lodge a request to access and/or correct your Personal Information; or
(b)have been refused access to your Personal Information by us for any reason described in this Policy and you wish to challenge that refusal; you may do so by contacting The Local’s Chief Operating Officer as per the details in in Point 12.
6.5 The Local will not normally charge a fee for processing an access request unless the request is complex or is resource intensive. The Local does, however, reserve the right to charge an administration fee if an individual requests access to their Personal Information more than once in a three month period.
6.6 Where The Local offers online account management facilities, customers can use this capabilityto control aspects of their account, including amending or updating certain Personal Information.
7.1 The Local's Chief Operating Officer will be the first point of contact for inquiries about privacy issues. If you wish to make an inquiry or complaint regarding privacy you should do so by contacting this office as per the details in Point 12.
8. STAYING ANONYMOUS
8.1 The Local will not make it mandatory for visitors to its Website to provide Personal Information unless such Personal Information is required to answer an inquiry or provide a service. The Local may however request visitors to provide Personal Information voluntarily to The Local (for example,as part of a competition or questionnaire).
8.2 The Local will allow its customers to transact with it anonymously or by using a pseudonym wherever that is reasonable and practicable.
9. TRANSFERRING INFORMATION OVERSEAS
9.1 If we send Personal Information overseas, The Local will take steps which are both reasonable and practicable to ensure that the overseas recipient handles such information in accordance with the Privacy Act.
9.2 The Local may disclose Personal Information to an overseas recipient without complying with 9.1 if:
(a) you are Expressly Informed of the intended disclosure of your Personal Information to the overseas recipient, and you provide consent accordingly; or
(b)we reasonably believe that the overseas recipient is subject to a law or a binding scheme that has the effect of protecting the information in a way that, overall, is at least substantially similar to the way in which the Privacy Act seeks to protect same and you can access mechanisms to enforce the protection of your Personal Information under that law or that scheme; or
(c) the Disclosure is required or authorised by an Australian court or tribunal or under Australian law.
"Collect" means gather, acquire or obtain by a lawful and fair means, information in circumstances where the individual is identifiable or identified. "Direct Marketing" involves the Use and/ or Disclosure of Personal Information to communicate directly with an individual to promote goods or services through written, verbal or electronic means of communication. The goods or services which are marketed may be those of The Local or a Related Body Corporate or those of an independent third party organisation.
"Disclosure" generally means the release of information outside The Local, including under a contract to carry out an "outsourced function."
"Express Consent Consequences" includes the fact that that we will not be accountable under the Privacy Act and you will not be able to seek redress under the Privacy Act in the event that you provide consent to the disclosure of your Personal Information by us to an overseas recipient and the overseas recipient handles your Personal information in breach of the Privacy Act.
"Expressly Informed" means the circumstance where we have provided you with a clear statement (either verbal or in writing) of the Express Consent Consequences.
"Opt Out" means an individual's expressed request not to receive further Direct Marketing communications. "Personal Information" means information that is not Sensitive Information, including information or an opinion (whether information or an opinion forming part of a database), whether true or not and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained from the information or opinion. This includes, but is not limited to, an individual’s name, address, telephone number and email address.
"Primary Purpose" is the main reason for the Collection of any Personal Information. "Reasonable Expectation" means a reasonable individual's expectation that their personal
information might be Used or Disclosed for the relevant purpose.
"Use" means the handling of Personal Information within The Local.
"Website" means the website of TheLocal.com.bd and related webpages.
TheLocal.com.bd ("The Local " or "We") try to ensure that we only promote offers that our Members will enjoy. We understand, however, that occasionally, this is not always the case. This Policy sets out the circumstances in which The Local may provide refunds to our Members ("Member" or "you") in respect of a specific Deal.
The Local will provide an automatic refund where:
we are required by law to do so;
we have made a mistake in advertising a Deal that fundamentally misstates the product or service that is the subject of the Deal;
prior to the redemption of the voucher during the Voucher Redemption Period, the provider of the Deal ceases trading or ceases to provide the goods or services the subject of the Deal.
Circumstances that DO NOT qualify for Refunds
The following circumstances DO NOT qualify for refunds:
where you have first contacted The Local after the conclusion of the voucher validity period. All refund requests must be submitted in writing while the offer period is still on foot;
where you have failed to read the Specific Terms and Conditions of the Deal
if you change your mind after you have purchased a Deal (for whatever reason);
if you are unable to obtain your preferred time to experience the Deal; or
if, after you have used a restaurant Deal, you were not satisfied with the meal;
if you lose or misplace your voucher; or
if the business on behalf of whom we are advertising the Deal does not honour the terms of the Deal because you have failed to present the voucher on redemption; or
if you cannot redeem the Deal prior to the end of the Voucher Redemption Period due to travel commitments; or
if you cancel a scheduled appointment such that the cancellation voids the voucher in accordance with the business' cancellation policy (for example, if you don't 'show up' for a scheduled appointment, or cancel an appointment without providing the notice period as provided by the relevant cancellation policy); or
if you if you have had a dispute with the business on behalf of whom we are advertising the Deal; or
if you are late for your booking, and the business decides to cancel your voucher; or
if the Deal experience did not meet your general expectations (for whatever reason);
if the Business does not have availability to redeem your voucher because you have not attempted to make a booking within a reasonable period of time (as determined by The Local) from the Voucher Expiry Date.
Any accidental voucher purchases will incur a processing fee
Submitting a request for a Refund
A request for a refund must be submitted via email,. All Members requesting a refund will be required to provide full particulars as to why they are not satisfied with the quality of the goods and services that are the subject of a Deal.
The Local will verify
The Local will verify the validity and veracity of some or all of the particulars of a request for refund by consulting with the relevant merchant responsible for fulfilling the offer. The Local may also ask you (by phone or email) to provide additional information in relation to the refund request.
The Local may refuse request
In circumstances where we believe that a request for a refund does not fall within the scope of this Policy, is misleading, incorrect and/or deceptive or is otherwise invalid, The Local may, in its absolute discretion, refuse a refund request. The Local is under no obligation to provide you with reasons as to why your request has been refused. Please note, any fraudulent refund requests will be immediately referred to the relevant authorities.
Refund to Credit Card
The refund will be credited to the Credit Card account used to purchase the Deal. Any refund provided by The Local is in no way an admission of liability by or on behalf of The Local or the admission of any other fact in connection with any act or omission which led to the request for a refund being submitted by the Member.
Change to Policy
The Local may change this Policy at any time at our absolute discretion by posting the revised policy on this Website. It is your responsibility to review the terms of this Policy regularly. Your continued receipt of our daily emails will constitute acceptance and acknowledgment of the terms of this Policy.