Privacy Policy
Keeping your information safe and private
Keeping your information safe and private
(a) Our website www.mucudu.com (Site), Mucudu mobile application (the Mucudu App), the food, beverages, products or services sold on, or via the Mucudu App are created, operated and controlled by Mucudu Pty Ltd (ACN 654 538 397) (Mucudu, we, us or our).
(b) We are committed to ensuring your personal information is protected. We manage your personal information in accordance with the Australian Privacy Principles set out in the Privacy Act 1988 (Cth) (Privacy Act) and the General Data Protection Regulation (EU 2016/679) (GDPR), which applies across the European Union (collectively, Privacy Laws).
(c) By visiting or using our Site or downloading, accessing and using the Mucudu App and the food, beverages, products or services sold on, or via the Mucudu App, you agree to this Privacy Policy.
(d) This Privacy Policy outlines how and when we collect, process, use, share, store, disclose, retrieve, alter and destroy your personal information or personal data (as defined in the Privacy Laws) (collectively, Personal Information) and how you may make a privacy complaint.
(e) ‘friend', ‘Mucudu Money', ‘Mucudu Money Balance', ‘Redemption', ‘Venue', ‘Venue Operator' and ‘user' have the meaning in the Mucudu App User Terms and Conditions.
2.1. Personal Information
(a) We will only collect and hold Personal Information about you that is reasonably necessary to undertake our business activities and functions, deliver our Site, the Mucudu App and our products and services to you, or as otherwise permitted by law.
(b) The type of Personal Information that we collect and use depends on the type of dealings that you have with us.
2.2. Users
We collect and hold Personal Information about users of the Mucudu App as well as information or data that does not contain Personal Information. For example, the type of Personal Information and non-Personal Information that we collect includes:
(a) registration details and profile information (for example, full name, email address, date of birth, mobile number, email address, postcode, gender, profile picture and information relating to the user's interests and hobbies);
(b) account credentials (for example, any username and password created by you as a user of the Mucudu App);
(c) location information (such as whether the user has checked into the Mucucu App at the venue or remotely) and other information to analyse and track usage of the Mucucu App;
(d) a user's current and historical Mucudu Money Balance (including details relating to the Redemption of Mucudu Money by a user at a Venue);
(e) payment or billing details (for example, credit card or debit card details) and user refund information. We may collect the payment information relating to a friend who purchases Mucudu Money or tops-up the Mucudu Money Balance of a user;
(f) device information (such as location information, unique device identifier and mobile device model, operating system and languages preferences) and information regarding your access and use of our Site (such as location information, browser characteristics, device characteristics, operating system, language preferences, referring URLs, information on actions taken on your website, dates and times of visits to your website and other usage statistics);
(g) any content, information and other data when you create or share or communicate with other users of the Mucudu App;
(h) information relating to your dealings, or enquiries you have made, with us in relation to the Mucudu App; and
(i) other information that you provide to us or that we may collect in the course of our relationship with you.
2.3. Venue Operators
We collect and hold Personal Information as well as information or data that does not contain Personal Information about Venues and Venue Operators who use the Mucudu App. For example, the type of Personal Information and non-Personal Information that we collect includes:
(a) Venue Operator information (for example, business name, ABN, ACN or other business/company identifiers, email address, address, food permit and liquor licence details);
(b) contact details of the Venue Operator's authorised representatives (such as, full name, job title, business phone number, business email address and office address);
(c) venue profile details (such as address, type of venue, description of the venue, operating hours and photographs of the venue);
(d) information relating to the Mucudu Money purchased, topped-up or Redeemed by users from the Venue Operator;
(e) payment or billing details (for example, credit card and debit card) and user refund information;
(f) information relating to your dealings, or enquiries you have made, with us in relation to the Mucudu App, our products and services; and
(g) information in relation to competitions, special events or other promotional activities the Venue Operator is having at the Venue; and
(h) other information that you provide to us or that we may collect in the course of our relationship with you.
2.4. Advertisers
We collect and hold Personal Information as well as information or data that does not contain Personal Information about advertisers that promote their products and/or services to users on, or via, the Mucudu App. For example, the type of Personal Information and non-Personal Information that we collect includes:
(a) advertiser details (for example, business name, ABN, ACN or other business/company identifiers, email address, address and food permit and liquor licence details);
(b) contact details of the advertiser's authorised representatives (such as, full name, job title, business phone number, business email address and office address);
(c) information about the advertiser's products and/or services promoted or advertised on, or via, the Mucudu App;
(d) payment or billing details (for example, credit card and debit card);
(e) information relating to your dealings, or enquiries you have made, with us in relation to the Mucudu App, our products and services; and
(f) other information that you provide to us or that we may collect in the course of our relationship with you.
2.5. Other information
(a) Mucudu may also collect some information that is not Personal Information because it does not identify you or anyone else. For example, Mucudu may collect anonymous answers to surveys or aggregated information about how users use our Site or the Mucudu App.
(b) If you are a candidate seeking employment with us, we will use your Personal Information to process your application and assess your suitability for any role. We may retain your information for future reference.
2.6. Sensitive Information
We do not collect your sensitive information or sensitive personal data (as defined by the Privacy Laws) (collectively, Sensitive Information). However, some of our services are automated and we may not recognise that you have accidentally provided us with Sensitive Information. If you have accidentally sent us Sensitive Information, please contact us using the contact details set out below.
3.1. Direct collection from you
(a) We will collect Personal Information about you in a number of different ways. We may collect Personal Information directly from you or in the course of our dealings with you. For example, when you:
(i) in the case of users, when you:
(A) download, access and use the Mucudu App (including when you open an account or create or update your account on, or, via, the Mucudu App);
(B) use the Mucudu App to purchase Mucudu Money or top-up your Mucudu Money Balance and/or Redeem the Mucudu Money at a Venue;
(C) use the chatroom function within the Mucudu App to locate, interact and chat with the Venue Operator or other users of the Mucudu App.
(ii) in the case of Venue Operators, when you:
(A) create, share and update your venue profile on the Mucudu App;
(B) allow users to Redeem Mucudu Money at your Venue; and
(C) use the chatroom function within the Mucudu App to locate, interact and chat with the users of the Mucudu App who are at your Venue (or who have checked into the venue remotely).
(iii) in the case of advertisers, when you contact or correspond with us in relation to advertising or promoting your products and services to users on, or via, the Mucudu App;
(iv) when you visit the Site or submit information through the Site (including on, or via, our related social media accounts), contact us, or complete any online forms or documents or when you enter or participate in competitions, promotions, events, sweepstakes, surveys and questionnaires; and
(v) when you otherwise contact, interact or communicate with us (such as by telephone, email or in person) with a query or request or make a comment on our social media sites or use the chatroom function within the Mucudu App to interact with us;
(vi) provide your Personal Information to third parties (including to our related bodies corporate, business partners and service providers, Venue Operators, credit reporting bodies, credit providers, third party payment processors (see below) government agencies, public registries, search agencies, regulatory and licensing bodies, parties to whom you refer us (for example, previous employers and referees), recruitment agencies and from publicly available sources of information (for example, online databases and social media));
(vii) when apply for a position of employment with us; or
(viii) when otherwise legally authorised or required to do so.
(b) When we collect Personal Information directly from you, we will take reasonable steps to notify you (using a collection notice) at, before, or as soon as practicable after, the time of collection. As a collection notice is specific to a particular collection of Personal Information, it will provide more specific information about our information-handling practices than this Privacy Policy.
3.2. Collection from third parties
(a) We may also collect Personal Information about you from publicly available sources and third parties, including:
(i) from third parties (including our related bodies corporate, business partners and service providers, credit reporting bodies and credit providers, government agencies);
(ii) from other users of the Mucudu App when they interact with you or us using the chat function made available through the Mucudu App;
(iii) if you use:
(A) our social media sites or applications, pages or plugins; or
(B) third party products or services that interact with our products, services or Site.
(b) When we collect your Personal Information from third parties, we will take reasonable steps to make sure you are aware of the collection.
(c) If you provide us with Personal Information about another individual (as their authorised representative), we rely on you to:
(i) inform them that you are providing their Personal Information to us; and
(ii) advise them that they can contact us for further information.
(d) You must take reasonable steps to ensure the individual is aware of, and consents to, the matters outlined in this policy, including that their Personal Information is being collected, the purposes for which that information is being collected, the intended recipients of that information, the individual's right to access that information, and who we are and how to contact us.
(e) Upon our request, you must also assist us with any requests by the individual to access or update the Personal Information you have collected from them and provided to us.
3.3. Third party payment processor
We use a third party payment processor to process payments made to us. In connection with the processing of such payments, we do not collect, process, use, share, store or disclose any Personal Information or payment information (such as credit card and bank account details). Rather, all such information is provided directly to our third party processor, Square whose use of your Personal Information is governed by their privacy policy, which may be viewed at www.squareup.com/au/en/legal/general/privacy.
3.4. GDPR (European Union only)
(a) For the purposes of the GDPR, you appoint us as your Processor (as defined in the GDPR), and/or to the extent that we are a Controller (as defined in the GDPR), to collect, process, use, share, store, disclose, retrieve, alter and destroy your Personal Information in accordance with this Privacy Policy.
(b) We must establish a lawful basis for processing your personal information. The legal basis for which we collect your Personal Information depends on the data that we collect and how we use it.
(c) We must establish a lawful basis for collecting, processing, storin, using and disclosing the Personal Information of individuals residing in the European Union (EU). The legal basis for which we collect your Personal Information depends on the data that we collect and how we use it, such as:
(i) where you have freely and expressly consented to the collection, use, storage, processing and disclosure of your Personal Information for a specific purpose. The provision of Personal Information to us is voluntary. However, if you do not provide your Personal Information to us, we may not be able to provide you with access to, and use of, the Mucucu App, our products, services or Site. You may withdraw your consent at any time by contacting us using the details below;
(ii) where the collection, use, storage, processing and disclosure of your Personal Information is necessary for the performance of a contract to which you are a party. For example, when collection and use is necessary to fulfil our obligations to provide you with access to, and use of, the Mucucu App, our products, services or the Site;
(iii) for our legitimate business interests, including, but not limited to:
(A) providing, operating and improving the Mucucu App, our products, services or Site;
(B) marketing new promotions, deals, competitions, products, services or features of the Mucucu App or the Site provided by us or our Authorised Affiliates that we consider may interest or benefit you;
(C) managing, analysing, understanding and developing our relationship with you;
(D) responding to your queries or complaints (such as when you submit a question via email); and
(d) where there is a legal obligation to collect, use, store, process or disclose your Personal Information. For example, we may be obliged to disclose your Personal Information by reason of any applicable law, regulation or court order and/or to protect our interests and legal rights, or the public interest.
4.1. Purposes of use and disclosure
(a) We only use, process and disclose your Personal Information for the purposes for which it is collected.
(b) In particular, we use, process and disclose your Personal Information to:
(i) provide or deliver the Mucucu App, our products, services or Site to you, including, without limitation, to provide:
(A) provide users with the opportunity to: (1) purchase Mucudu Money or to top-up your Mucudu Money Balance; (2) Redeem your Mucudu Money at a Venue in exchange for food and beverages; and/or (3) interact with Venue Operators or other users via the chatroom in the Mucucu App;
(B) provide Venue Operators with opportunity to: (1) advertise their Venue, products and services to users; (2) sell food and/or beverages to users through a Mucudu Money redemption system on the Mucucu App; (3) and/or to interact with users via the chatroom in the Mucucu App;
(C) confirm a user's and Venue Operator's identity (including confirming a Venue Operator holds a food permit and liquor licence);
(D) provider advertisers with an opportunity to advertise their products and services to Venue Operators and users on, or via, the Mucucu App;
(ii) assisting with, or responding to, your queries;
(iii) informing you about the Mucucu App, our Site, products or services or about offers, competitions, promotions, events, sweepstakes, surveys, questionnaires about us, the Mucucu App, the Site, Venue Operators or advertisers, or other matters which we believe are of interest to you (such as recruitment or job opportunities);
(iv) share with our Authorised Affiliates;
(v) administer, improve and manage the Mucucu App, our Site, products, services (including customising the advertising and content on the Mucucu App and Site), informing you about scheduled maintenance or outages and our relationship with you;
(vi) charge and bill you for the use of the Mucucu App, our products and services;
(vii) verifying your identity;
(viii) for internal record keeping;
(ix) for direct marketing purposes (see below); and
(x) complying with our legal and regulatory obligations.
(c) In the event of a merger, acquisition or sale of the whole or part of our business or assets, we reserve the right to transfer your Personal Information as part of the transaction, without your consent or notice to you.
4.2. Disclosure to Authorised Affiliates
(a) In order to provide or deliver our products or services to you we may disclose your Personal Information to:
(i) our related bodies corporate, business partners, service providers, third party contractors, agents or suppliers;
(ii) Venue Operators (such as bars, cafes, restaurants, bistros, casinos and entertainment venues) and advertisers who advertise their products and services on, or via, the Mucucu App;
(iii) authorised external service providers who perform functions on our behalf, such as financial and credit card institutions, third party payment processors in order to process any payments, internet and technology services providers, app and web developers, hosting companies, marketing, advertising and security service providers, fulfilment companies, credit reporting agents, debt collection agents, market research and recruitment service providers; and
(iv) external business advisors, such as auditors, lawyers, insurers and financiers, (collectively, Authorised Affiliates).
(b) We may also disclose your Personal Information:
(i) to any other party with your consent and direction;
(ii) to law enforcement bodies or regulatory authorities to assist with their functions, or as otherwise required or authorised by law; or
(iii) where we consider necessary to comply with any applicable law, regulation, legal process, governmental request or industry code or standard.
(b) When we disclose your Personal Information to any of our Authorised Affiliates, we will ensure that they undertake to protect your privacy. These Authorised Affiliates are not permitted to use the information for any purpose other than the purpose for which they have been given access.
(c) Our Authorised Affiliates may also provide us with Personal Information collected from you. If you disclose Personal Information to an Authorised Affiliates, we rely on you to provide the Authorised Affiliates with consent for us to collect, storage, use, process, alter and disclose your Personal Information.
4.3. Overseas disclosure
(a) Our Authorised Affiliates may be located in or outside Australia, the European Union, Japan, the United States and other countries from time to time, whose laws are not recognised by the European Commission as providing an adequate level of protection to Personal Information.
(b) Where we do transfer your Personal Information to our overseas Authorised Affiliate, we take steps reasonably necessary to ensure that:
(i) there is a legal basis for the transfer of your Personal Information; and
(iii) your Personal Information is treated securely (including, using reasonable endeavours to ensure that each overseas Authorised Affiliate receiving your Personal Information are bound by Standard Contractual Clauses approved by the European Commission, which can be found at http://ec.europa.eu/justice/data-protection/international-transfers/transfer/index_en.htm).
(c) By accessing or using our products, services, the Mucucu App or our Site, or providing your Personal Information to us, you explicitly and freely consent to the transfer of your Personal Information to our overseas Authorised Affiliates.
(d) If you do not wish to receive information from any of our Authorised Affiliates, please let us know using the details below.
4.4. Disclaimer
(a) We will not disclose your Personal Information to any third party (other than our Authorised Affiliates) without your written consent, unless:
(i) we are otherwise required by the relevant Privacy Laws;
(ii) we are permitted to under this policy; or
(iii) such disclosure is, in our opinion, reasonably necessary to protect our rights or property, avoid injury to any person or ensure the proper functioning of the Mucucu App and/or Site;
(b) This policy only covers the use and disclosure of information we collect from you. The use of your Personal Information by any third party is governed by their privacy policies and is not within our control.
5.1. Your consent(a) At the time of accessing, or using, the Mucucu App, our products, services or Site or from time to time, we may seek your express consent, send you marketing or promotional materials and other information.
(b) Where we have obtained your prior consent or are otherwise permitted under the GDPR, we may, from time to time, use your Personal Information to send you information about the promotions, deals, competitions, products or services we offer, and any other information that we consider may be relevant to you.
(c) These communications may continue, even after you stop using our products or services.
5.2. Communication channels
(a) We may send this information to you via the communication channels specified at the time you provide your consent.
(b) These communication channels may include mail, email, SMS telephone, social media or by customising online content and displaying advertising on the Mucucu App or Site.
5.3. Opting-out
(a) You can opt out of receiving these communications by:
(i) contacting us using the details below; or
(ii) using the unsubscribe function in the email or SMS.
(b) You can opt out of receiving communications on, or via, the Mucudu App by deleting the Mucudu App from your device.
(c) You may re-subscribe at any time by re-registering via the Mucucu App.
In the event of any loss, or unauthorised access or disclosure of your Personal Information that is likely to result in serious harm to you, we will investigate and notify you and the Australian Information Commissioner as soon as practicable, in accordance with notifiable data breach scheme contained in Part IIIC of the Privacy Act.
7.1. Protecting your Personal Information
(a) We take reasonable steps in the circumstances to keep your Personal Information safe. We use a combination of technical, administrative, and physical controls to protect and maintain the security of your personal information.
(a) Our officers, employees, agents and third-party contractors are expected to observe the confidentiality of your Personal Information.
(b) Wherever possible, we procure that Authorised Affiliates who have access to your Personal Information take reasonable steps to:
(i) protect and maintain the security of your Personal Information; and
(ii) comply with the relevant APPs, and where required the GDPR, when accessing and using your Personal Information.
7.2. No guarantee
(a) The transmission of information via the internet is not completely secure. While we do our best to protect your Personal Information, we cannot guarantee the security of any Personal Information transmitted on, or via, the Mucucu App or Site.
(b) You provide your Personal Information to us at your own risk and we are not responsible for any unauthorised access to, and disclosure of, your Personal Information.
7.3. Destruction of personal information
(a) We will destroy or de-identify Personal Information in circumstances where it is no longer required, unless we are required or authorised by law to retain the information.
(b) Any content, information or other data published or submitted by a user in a chatroom made available through the Mucudu App will not be deleted. However, your profile information (including Personal Information) will be de-identified and so will not be visible to other users of the Mucudu App.
7.4. Suspected data security
In the event of any loss, or unauthorised access or disclosure of your Personal Information that is likely to result in serious harm to you, we will investigate, prevent, mitigate and notify you and:
(a) (Australia) the Office of the Australian Information Commissioner; or
(b) (EU only) supervisory authority in the country in which you reside which has responsibility for privacy and data protection,
(a) The Mucucu App and/our Site may contain hyperlinks or banner advertising to or from third-party websites.
(b) We do not endorse any of these third parties, their products or services, or the content on these websites.
(c) These websites are not subject to our privacy standards, policies and procedures. Therefore, we recommend that you make your own enquires about their privacy practices.
(d) We are in no way responsible for the privacy practices or content of these third-party websites.
(a) We may collect information when you access and use the Site by utilising features and technologies of your internet browser, including cookies A cookie is a piece of data that enables us to track and target your preferences.
(b) The type of information we collect may include statistical information, details of your operating system, location, your internet protocol (IP) address, the date and time of your visit, the pages that you have accessed, the links which you have clicked and the type of browser that you were using.
(c) We may use cookies and similar technologies to:
(i) enable us to identify you as a return user and personalise and enhance your experience and use of the Site; and
(iv) help us improve our service to you when you access the Site and to ensure that the Site remain easy to use and navigate.
(d) Most browsers are initially set up to accept cookies. However, you can reset your browser to refuse all cookies or warn you before accepting cookies.
(e) If you reject our cookies or similar technologies, you may still use the Site but may only have limited functionality of the Site.
(f) We may also use your IP address to analyse trends, administer the Site and other websites we operate, track traffic patterns and gather demographic information.
(g) Your IP address and other Personal Information may be used for credit fraud protection and risk reduction.
10.1. Privacy rights (EU only)
(a) Under the GDPR, you have a number of important rights. Subject to certain exceptions, you have the right to:
(i) fair and transparent processing of your Personal Information and processing in accordance with the GDPR;
(ii) require us to rectify or correct any Personal Information we hold about you that is inaccurate or incomplete;
(iii) require us to erase your Personal Information in certain situations;
(iv) obtain a copy of your Personal Information in a commonly used electronic format so that you can manage and move it, or request we send it to a third party;
(v) object or withdraw your consent at any time to the collection, use, processing or disclosure of your Personal Information (including for direct marketing purposes). In such a situation we will cease processing your Personal Information unless there is a legal bases for us to continue to collect, use, process or disclosure your Personal Information. In this scenario, you must also immediately cease using the Mucucu App and/or Site, and delete all copies of the Mucucu App on your device;
(vi) object to decisions being made by automated means which produce legal effects concerning you or significantly affecting you; or
(vii) otherwise restrict our collection, use, processing or disclosure of your Personal Information in certain circumstances.
(b) Where you exercise your right to impose a restriction on the use, disclosure, processing of your Personal Information in accordance with this clause, your Personal Information will only be used, processed, and disclosed with your consent.
(c) You can exercise any of these rights by contacting us using the details below.
10.2. Access rights(a) We will use our reasonable endeavours to keep your Personal Information accurate, up-to-date and complete.
(b) You have the right to access any Personal Information we hold about you, subject to some exceptions provided by relevant Privacy Laws.
(c) You can access, or request that we correct, your Personal Information by writing to us using the details below. We may require proof of identity.
(d) If we do not allow you to access any part of your Personal Information, we will tell you why in writing.
(e) We will not charge you for requesting access to your Personal Information but may charge you for our reasonable costs in supplying you with access to this information.
(f) We will endeavour to respond to your request for access or correction within 1 month from your request.
(g) Personal Information will be given to you in a structured, commonly used, machine readable format.
(a) If you have any complaints or issues you wish to raise with us regarding the way we have handled your Personal Information, or would like to discuss any issues about our Privacy Policy, please contact us directly by email at suppport@mucudu.com. Please provide us with full details of your complaint and any supporting documentation.
(b) We will review your complaint, respond to you within a reasonable period of time to acknowledge your complaint, and inform you of the next steps we will take in resolving your complaint. At all times, we will treat your privacy complaint seriously and in a confidential manner.
(c) If you are unhappy with a response that you have received from us, you may direct your complaint to the Office of the Australian Information Commissioner. If however, you reside in the European Union, you may make a complaint to the supervisory authority in the country in which you reside which has responsibility for privacy and data protection.
From time to time it may be necessary for us to review and revise our Privacy Policy. We may notify you about changes to this Privacy Policy by posting an updated version on our website. We encourage you to check our website from time to time to ensure you are familiar with our latest Privacy Policy.