1. Collection of Personal Information
1.1 Livingsocial 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 Livingsocial that friend must register themselves - we will not enter Personal Information on their behalf. You can refer a friend to Livingsocial by clicking on the following link, http://livingsocial.com.au/referral.
1.5 Livingsocial 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 Livingsocial 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 Livingsocial 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 Livingsocial 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 Livingsocial and you;
(h) issues, news or other information relevant to your dealings with Livingsocial, or about Livingsocial generally, or the industries in which you or Livingsocial 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 Livingsocial 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
We will take reasonable practicable steps to ensure that these organisations are bound by confidentiality and privacy obligations in relation to the protection of your Personal Information.
If you purchase a daily deal, you are issued with a unique voucher number which is also supplied to the merchant on whose behalf the deal is advertised ("the merchant"). We do not disclose your Personal Information to the merchant (although you may be requested to do so when you redeem the 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.
2.7 Where you use a credit card to purchase an offer from Livingsocial 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 Livingsocial or in general, and that, in the event of a claim from the credit-card holder (that this was an unauthorised transaction) - you indemnify Livingsocial for any claim (including legal action, fees or charge-back) that Livingsocial 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 Marketing purposes.
3.5Livingsocial 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 Livingsocial care of the contact details described in Point 12.
5. HOW WE PROTECT YOUR INFORMATION
5.1 Livingsocial 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 Livingsocial 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 Livingsocial 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 Livingsocial will permit its records containing your Personal Information to be accessed by you when required by the Privacy Act. We may, however, refuse to provide you with access to your Personal 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 privacy of any other individual;
(c) your request for access is frivolous or vexatious or giving such access will be unlawful
6.2 If Livingsocial 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 Livingsocial’s Chief Operating Officer as per the details in in Point 12.
6.5 Livingsocial will not normally charge a fee for processing an access request unless the request is complex or is resource intensive. Livingsocial 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 Livingsocial offers online account management facilities, customers can use this capability to control aspects of their account, including amending or updating certain Personal Information.
7.1 Livingsocial'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 Livingsocial 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. Livingsocial may however request visitors to provide Personal Information voluntarily to Livingsocial (for example, as part of a competition or questionnaire).
8.2 Livingsocial 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, Livingsocial 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 Livingsocial 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 Livingsocial or a Related Body Corporate or those of an independent third party organisation.
"Disclosure" generally means the release of information outside Livingsocial, 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.
"Related Body Corporate" is given its meaning in the Corporations Act 2001 (Cth).
"Secondary Purpose" means a purpose of Use or Disclosure other than a Primary Purpose.
"Sensitive Information" is given its meaning in section 6(1) of the Privacy Act 1988 (Cth).
"Use" means the handling of Personal Information within Livingsocial.
"Website" means the website of Livingsocial and related webpages.
12. CONTACTING Livingsocial
Chief Operating Officer
259 Coventry Street
South Melbourne, VIC 3205