Privacy Policy

Last updated: 15 October 2024

1              Introduction

1.1          Eat Choice provides a platform for users to discover cafes and restaurants that cater to their specific dietary requirements. Eat Choice respects your privacy rights and is committed to ensuring that we protect and deal with these rights in accordance with the Privacy Act 2020.

1.2          This Privacy Policy (“Policy”) outlines how your personal information is collected, held, used and disclosed when you access and use the Eat Choice mobile application (“App”) and website (“Website”). In this Policy, “personal information” has the meaning defined in the Privacy Act 2020, being information about an identifiable individual, and “we", “us”, "our" means the provider of the App and Website, being Eat Choice Limited.

1.3          By accessing and/or using the App or Website, or otherwise providing your personal information to us, you acknowledge the collection and use of such information by us, in accordance with this Policy and the Privacy Act 2020.

1.4          The App is a global mobile application, that can be accessed and downloaded across the world. When dealing with your personal information, we will comply with this Policy and with the New Zealand Privacy Act 2020. If you are located outside of New Zealand, this Policy may not comply with the privacy regulations in your location. If you live elsewhere in the world, we will deal with your personal information as if it was subject to the New Zealand Act.

1.5          This Policy should be read in conjunction with our App Terms of Use, which can be found here and here

2              When do we collect your personal information, and what is collected?

2.1          App users:

2.1.1      Registration and account information: When you register to use the App, we may collect certain forms of personal information that we ask you to provide as part of setting up your account for the App. This personal information may include your name, email address, phone number, password details and your region.

2.1.2      Dietary information: As part of your account profile, we will ask you to provide personal information relating to your specific dietary requirements, including any allergies, intolerances, and specific dietary preferences (such as whether you are vegetarian or vegan). We may collect this dietary information that you provide voluntarily to us, but only to the extent that you choose to provide this information.

2.1.3      Smartphone device features: The App may require access to some of your smartphone device features and applications (such as the location feature), which helps us to deliver certain features and the functionality of the App. We may receive your general location (such as your region), or with your consent, more precise location data from your mobile device.

2.1.4      User profiles: When you are an account holder, you can create multiple user profiles associated with your account. When you create any new user profile, we may collect personal information associated with this new user profile, including the person’s name and their dietary requirements.  

2.1.5      Contact with us: When you contact us with requests, inquiries, or questions relating to the App, or you interact with our social media accounts, we may collect personal information that you provide voluntarily to us, such as your name, contact details (including your email address and/or phone number), and your social media account details.

2.1.6      Payment information: If you sign up for a subscription to the App, we do not collect or store your payment information. Your payment information is collected and stored by Apple or Google, and is subject to their privacy policies, which you can view here and here

2.1.7      Information that we collect automatically: We collect device specifications (operating system, software version numbers, etc), when you click and undertake search activity within the App.

2.2          Website users:

2.2.1      Mailing list: If you sign up to our mailing list through the Website, we may collect personal information from you, including your name, email address and birthday.

2.2.2      Information that we collect automatically: Cookies are used to remember logged-in sessions, as well as to facilitate logging in through third-party platforms (e.g. Google, Facebook, Apple).

2.3          Restaurants:

2.3.1      When you partner with us as a restaurant, or sign up to our mailing list, we may collect personal information including your name, contact information, and information relating to your business (such as its name, location, business type, business documentation, and business contact information).

3              Why is your personal information collected?

3.1          Personal information will be used for the purposes of providing, operating, supporting, and maintaining the App, for any other purpose specified in this Policy and when it is necessary for or directly related to such purposes.

3.2          We may use your personal information:

3.2.1      To allow you to discover restaurants and cafes that cater to your specific dietary requirements;

3.2.2      To allow restaurants to upload their content and food listings to the App;

3.2.3      To facilitate your use of the App and to personalise your experience on the App;

3.2.4      For internal administrative purposes, such as for monitoring usage of the App;

3.2.5      To improve the quality of the App, and any associated products or services we may offer in connection with the App;

3.2.6      For marketing, statistical and research purposes;

3.2.7      To respond to your requests, inquiries, or questions, or for customer service related activities;

3.2.8      To send you communications, including push notifications, marketing communications that you have signed up for or consented to receiving, and transactional communications (e.g. welcome email, reset password, etc.);

3.2.9      For related purposes for which you would reasonably expect us to use the information;

3.2.10    To protect and/or enforce our legal rights and interests, including defending any claim;

3.2.11    Where you have consented to us using or disclosing the information; or

3.2.12    Where we are required or otherwise permitted to do so by law.

4              How can you control the use of your personal information?

4.1          If there are additional purposes (other than those outlined about at section 3) for which we wish to use your personal information, the purposes will be notified to you, and your consent requested to the proposed use.

4.2          You have the option not to provide us with your personal information, or to opt out of receiving future communications from us. However, this may affect your use of the App, us communicating with you, or us otherwise carrying out our general functions.

4.3          When you create any new user profile, you must ensure that you have that individual’s consent to add their personal information to the App prior to creating a new user profile for them.

5              Who is your personal information shared with?

5.1          We may disclose certain forms of personal information to third parties for purposes reasonably connected with the purposes for which we may use your personal information. For example, we may disclose personal information to:

5.1.1      third-party service providers, suppliers, or contactors who we do ordinary business with (such as analytics providers, mailing software providers, and other software providers);

5.1.2      professional services advisors; and

5.1.3      government and other regulatory authorities, where required or authorised by law.

5.2          We may also share or sell personal information on an anonymised basis, provided that you are not reasonably identifiable from such information.

6              How do we store and protect your personal information?

6.1          We take the security of your personal information seriously and ensure that we comply with our legal obligations to protect your personal information.

6.2          Your personal information is held by and on behalf of Eat Choice using third party hosting services, on servers are located in NSW, Australia with a SOC 2 Type II and SOC 3 Type II compliant infrastructure provider.

6.3          If you are an account holder, you are responsible for your login details, including your email address and password. You should not share your login details with anyone else.

6.4          If you add sensitive personal information to your account (such as your dietary information), you should ensure that your internet connection is secure when you are using the App, and that you choose a strong and unique password to protect your account.  A unique password means a password that has not been used for any other purpose.

7              How long will we keep your personal information?

7.1          We will not keep your personal information for longer than we need to.  

7.2          If you delete your account, all personal information associated with your account will be deleted, and we will no longer store your personal information.

7.3          In all other cases, we will only retain your personal information for the duration of your relationship with us, unless we are required to retain your personal information to comply with applicable laws, for example record-keeping obligations.

8              How do you request access, or correction of, your personal information?

8.1          We will take reasonable steps to ensure that the personal information we hold is accurate, up-to-date and complete. It is your responsibility to let us know if the personal information which we hold about you needs to be corrected or updated.

8.2          You have the right to request access to your personal information held by us or ask for it to be corrected if you think it is wrong. We can only give you access to personal information we hold about you, and not about any other person (unless you are acting on that person’s behalf and have appropriate authorisation to do so).

8.3          If you are an account holder, you can directly update your personal information through the ‘my account’ function in the App.

8.4          If you would like to ask for access to your personal information, or to have it corrected, please contact us at choice@eatchoice.nz.  

9              What will we do if there is a privacy breach?

9.1          If your personal information is involved in a privacy breach which we reasonably believe is notifiable or must be reported in accordance with the Privacy Act (“Notifiable Privacy Breach”), we will inform the affected individual/s and report the Notifiable Privacy Breach to the New Zealand Office of the Privacy Commissioner.

10           How will we communicate changes to this Policy?

10.1        We may update this Policy from time to time. If we make a material change to this Policy, we will inform you via email of the changes (if you are an account holder). If you are not an account holder, or if you have elected to not receive communications from us, we will inform you of the changes by posting the updated Policy on our Website.

10.2        Any changes that we make apply from the date that we email you and/or post the updated Policy on our Website. We recommend that you review this Policy periodically for any changes. Your continued use of the App and/or Website constitutes acknowledgement of this Policy as updated.

11           How can you make a privacy inquiry or complaint?

11.1        If you have any privacy related questions or wish to make a complaint in relation to the handling of your personal information, please contact us on choice@eatchoice.nz.

11.2        Any complaint will be investigated and responded to as soon as practicable, and in accordance with the time frames set out in the Privacy Act.

11.3        You may also contact the Office of the Privacy Commissioner if you are unsatisfied with how we have handled your personal information, or your complaint.