Terms
ASK THE BUTCHER PRIVACY POLICY
Ask the Butcher Pty Ltd ABN 77 125 984 778 (“ATB”, “we”, “us”) is committed to protecting your privacy when you interact with us and our content, products and services.
The purpose of this Privacy Policy is to explain:
- the application of this Privacy Policy
- the kind of information which ATB may collect about you, how we collect it and how we use it
- how we may disclose that information
- how you can access the information we hold about you
- when we may use your information to contact you
- the protection of your personal information
- the use of cookies to collect information, and how you can control or delete these cookies
1. Application of this privacy policy
This Privacy Policy applies to personal information collected by us.
This policy applies only to ATB. It does not apply to any other company or organisation, including those whose digital services have links to ATB’s content or services. Third parties that have links to ATB content or services will have their own privacy policies that will govern the use of personal information they collect. We do not accept any responsibility or liability for the privacy practices of such third parties.
We will review our privacy policy regularly, and may update it from time to time. If we make changes, we will notify you and the changes will be posted here. If you continue to use our services, you will be deemed to have agreed to the changes.
2. Collection and use of personal information
2.1 Why we collect personal information
We will collect personal information about you:
- because you have provided it to us, for instance if you contact us to make comments, or to ask us questions, or you have interacted with one of our digital services (including online and mobile services), for instance by participating in forums, polls or competitions;
- because we need it to provide a product or service that you have requested, for instance, if you subscribe to an email list or loyalty program, enter a competition, or purchase products from us;
- because we would like to improve our services, for instance through the collection and analysis of statistical and research data and use of cookies (see below); and
- for purposes directly related to any of the above.
2.2 How we collect information when you use a digital service (including online and mobile services)
Broadly, there are two types of information or data we collect:
Information that you specifically give us
For example, you may provide information about yourself when you are filling in a form or when you sign up to a service. This type of information may include your name, email address and age. The information that you give us may be:
- Personal information that is required. In some instances, you must provide personal information if you wish to use a particular service or participate in an activity. For example, your age may be required if we need to confirm that you are old enough to use a particular service.
- Permissions. Sometimes you will be asked to confirm that you agree to a particular activity. For example, you may need to expressly agree that you would like to receive a newsletter or to confirm that you agree to the terms and conditions of a competition.
Data we collect that tracks your activity
We may automatically gather information to monitor the use of our services (including online and mobile services), like the numbers and frequency of visitors to our websites.
This information helps us improve our services by learning what our customers use and don’t use. It can also help us identify if there are any problems with our services that need fixing.
This data is usually collected using ‘cookies’. See below for more information about “cookies” and the information we may collect using them.
3. Disclosure of personal information
3.1 Disclosure by us of personal information to third parties
We will not disclose your personal information to third parties, other than to third parties;
- who we engage to provide us with services;
- for the purposes of customising and promoting to you services we provide that may be of interest to you;
- for the purposes of providing technical support to you;
- as permitted or required by law; or
- consented to by you.
We may also disclose your personal information:
- to our related companies;
- to our professional advisors;
- to law enforcement authorities, if we suspect that an unlawful act is being committed or that such disclosure will prevent that unlawful act.
Other than the types of disclosures set out in this Privacy Policy or as otherwise agreed by you, we will not disclose your personal information to any third party.
3.2 Information that you disclose publicly
When using digital services (including online and mobile services), we suggest that you use your discretion and exercise caution when providing your personal information. For instance, if you “share” information that you have posted on an Ask the Butcher website using a social media tool, it is likely that you will be sharing your personal information. Please note that we have a limited capacity to protect personal information that you choose to share and you are solely responsible for sharing such personal information.
3.3 Information that is disclosed via other platforms or services
Some of our services may be integrated with external services, including social media networks. This may mean that information about you (for instance about your interests and activities) is tracked or pulled from other places (such as Facebook). If you use any of our services that are integrated with social media tools, this information may be available to others depending on the privacy settings you have in place on other platforms.
Your ability to opt-out of a third party tool or platform will depend on the conditions governing your agreement with that third party.
4. Accessing your personal information
You are entitled to know what personal information we hold about you. You are also entitled to update or correct your personal information. If you would like to contact us in relation to your personal information, please do so by email question@askthebutcher.com
5. Use of your personal information
We use your personal information to provide you with the services we provide.
Without limiting the generality of the foregoing, we may use your personal information to:
- send you information about our services or other services our related companies provide or any changes or upgrades that we make to those services (including by way of e-marketing, SMS marketing, mail-outs and other forms of advertising and marketing);
- to provide you with any other information or services you request that we provide; and
- to answer queries or resolve complaints.
Except as set out in this Privacy Policy or otherwise agreed by you, we will not share your personal information with third parties (such as marketing companies) or use your personal information other than for our internal purposes.
6. Protection of your personal information
We will take all reasonable steps to ensure that your personal information is properly protected from misuse or loss, and unauthorised access, modification or disclosure.
At the same time, we are committed to providing innovative and interactive experiences, and to being available to audiences on multiple platforms. Some of those platforms are not operated or controlled by us, and our ability to protect your personal information on those platforms is limited.
Accordingly, we encourage you to be vigilant about the protection of your own personal information when using third party digital services (such as social media platforms).
7. Use of cookies
We may use “cookies” with our digital services. A “cookie” is a small data file placed on your machine or device, which lets our digital service store information. This information allows us to make our digital services easier to use and more relevant.
We may use cookies for interactive features such as forums, voting, some games and online shopping. For instance, cookies allow our servers to keep track of your customer details between visits to the Ask the Butcher website. The information stored by the cookie includes data that is provided during online registration processes. Placing cookies on your device also means we can serve you promotional information that you might be more interested in. The promotional information can appear on third party digital services as well as our services. It also allows us to control the number of times you see that promotional information and measure how effective the campaign has been.
Credit card information is never stored in a cookie.
Any “cookies” we use will be for the purpose of gathering aggregated information regarding visitor use of our services.
7.1 Controlling and deleting cookies
Popular browsers will usually give users a level of control over cookies.
You can set your browsers to accept or reject all, or certain, cookies. You can also set your browser to prompt you each time a cookie is offered.
7.2 Third Party Cookies
We may use suppliers who set cookies on our digital services on our behalf in order to deliver the services that they are providing.
For instance, if we embed photos and video content from third parties such as flickr and youTube, those third parties may have set cookies relating to that content. If you then “share” that content, another third party cookie may be set by the service you have chosen to share content through. We do not control these cookies, and we do not block cookies set by third parties in these ways.
TERMS AND CONDITIONS
Introduction
The Ask the Butcher iOS App (“App”) and The Ask the Butcher website (“Website”) and its contents is owned by Ask the Butcher Pty Ltd ABN 77 125 984 778 and or its related companies (“we”, “us”).
By accessing or using the App or Website, you agree to accept and comply with the terms, conditions, notices and disclaimers contained in the terms and conditions, the Privacy Policy and elsewhere on the App or Website (known collectively as “Terms and Conditions”).
The Terms and Conditions govern the use of the App and Website.
We may amend these Terms and Conditions from time to time. We will notify you of any changes we make. If you continue to use the App or Website following such notification, you will be deemed to have agreed to the relevant amendments.
Applicable law
The Terms and Conditions are governed by and to be construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia. In the event that any provision of the Terms and Conditions is held to be invalid, illegal or unenforceable, that provision must to the extent of the invalidity, illegality or unenforceability be ignored and all the other provisions of the Terms and Conditions will remain in full force and effect.
We make no representation that the content of the App or Website complies with the laws of any country outside Australia. All rights not expressly granted herein are reserved.
Restricted Use
All persons under the age of 16 years must obtain the consent of their parent or legal guardian before using any social media and interactive channels associated with the App or the Website (“Social Media” and “Interactive Channels” respectively).
Right to Use
Your right to use the App and Website and submit any content is subject to any limitations, conditions and restrictions established by us from time to time, in our sole discretion. We may alter, suspend or discontinue any aspect of the Social Media and Interactive Channels at any time, including the availability of any App or Website features, database or content. We may also impose limits on certain features and aspects of the Social Media and Interactive Channels or restrict your access to parts or all of the Social Media and Interactive Channels without notice or liability.
Communication Channels and Code of Conduct
Through the App, the Website, the Social Media and Interactive Channels (together the “Services”), we provide You with the ability to leave comments to posts, personal messaging and other interactive communication with other users.
We require You to use the Services in a responsible manner. Accordingly, you must not communicate material or engage in any activity using the Services which:
- infringes or adversely impacts on the rights of any person (including, without limitation, in relation to privacy, intellectual property or moral rights);
- brings us into disrepute;
- is defamatory, obscene, pornographic or offensive or which incurs criminal or civil liability;
- is technically deficient in some manner including any material which contains a computer virus;
- is promotional or advertising in its nature;
- to mine or collect information or data from the Services, users of the Services or information in transit to and from the Services;
- to bypass any of the Services’ features including any features designed to exclude robots, spiders or scraping applications;
- to manipulate, damage, interfere with or impair the functionality any of the Services (including by way of hacking, uploading of harmful code, using cheats, exploits, automation software, bots or similar software);
- that we consider to be in conflict with the spirit or intent of the Services;
- that is in breach of any applicable law;
- to disrupt, overburden or assist in such disruption or overburdening of any computer server or network (including those used to provide the App or Website);
- that is likely to harass, abuse, harm, threaten any person or group of persons or incites or is likely to incite any such activity;
- that is misleading or deceptive or is intended to mislead or deceive any person;
- that involves the forwarding of chain letters;
- that involves the display or distribution of any material that is violent, pornographic or sexually explicit in nature;
- that solicits personal information from anyone;
- that post or transmits in any manner any contact information including, email addresses, “instant messenger” nicknames, telephone numbers, postal addresses, URLs, or full names through your publicly posted information;
- for the purpose of creating a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message; and
- that is not suitable for a child under the age of 16 years old.
You will keep all information provided to you through the Services (other than information which is already lawfully in the public domain) private and confidential and will not give such information to anyone without the permission of the person who provided it to you.
Monitoring of Information
We do not monitor all of the content posted by users of the Services. However, we reserve the right to:
- monitor all advertisements, public postings, messages pictures, photographs and video and audio recordings to ensure that they conform to these Terms of Use and any applicable laws, regulations and standards; and
- remove any content from the Services that we consider to be an infringement of these Terms of Use.
Links to Third Party Sites & third party Advertisements
We assume no responsibility and accept no liability for the condition or content of third party web sites that may be linked to or accessed from the Services. Except as we may specifically direct otherwise, we do not authorise the content of those third party web sites. The Services may contain third party advertisements, which contain embedded hyper-links to web sites operated by third parties. The placement of third party advertisements on the Services does not necessarily constitute the recommendation or endorsement of us for such goods or services. The third party advertiser is solely responsible to you for any representations or offers made by it, and for any goods or services, which you agree to purchase from those third parties.
Disclaimer
The Services are provided on an “as is” basis. While we have used our reasonable commercial endeavors to ensure that the information contained on and accessed through Services is correct and current at the time of publication, we do not accept responsibility for any error, omission or defect in the information.
To the fullest extent permissible by law, our related and we companies companies and their respective directors, employees, agents and contractors:
(a) Do not make any representation, warranty or endorsement of any kind, express or implied, as to the operation of the app or website, your access to the Services or results of your access, or the information, content, materials or products via the Services; and
(b) Do not warrant that the functions of the Services will be uninterrupted or error-free, that any defects will be corrected or that the server, which stores and transmits content to you is free of viruses or other harmful components.
Liability
To the maximum extent permitted by applicable law:
(a) we make no representations or warranties whatsoever to you;
(b) we hereby exclude all representations, warranties, terms and conditions whether express or implied (and including without limitation, those implied by statute, custom, law or otherwise);
(c) our cumulative liability to you for all claims made by you under or in relation to these Terms and Conditions, the Privacy Policy or your use of the Services will not exceed in aggregate the amount actually received by us from you in respect of your use of the Services in the period 90 days preceding the date the first claim first arose;
(d) we will not be liable to you in respect of any claim for any loss of profit, data, goodwill or business, for interruption to business, for any failure to realise anticipated savings or for any consequential, indirect, special punitive or incidental damages.
Certain legislation may imply warranties or conditions or impose obligations that cannot be excluded, restricted or modified except to a limited extent. These Terms and Conditions and the Privacy Policy must be read subject to those statutory provisions. If those statutory provisions apply, to the extent to which we are entitled to do so, we limit our liability in respect of any claim to, at our option:
(i) in relation to services:
(A) the supply of the services again;
(B) the payment of the cost of having the services supplied again; and
(ii) in relation to goods:
(A) the replacement of the goods or the supply or equivalent goods;
(B) the repair of the goods;
(C) the payment of the cost of replacing the goods or acquiring equivalent goods; or
(D) the payment of having the goods repaired.
Indemnity
You agree to indemnify and keep indemnified us, our related companies and their officers, employees, agents and contractors (“those indemnified”) in respect of any claim, liability, loss, damage, cost (including legal cost) or expense which those indemnified may suffer or incur as a direct or indirect result of your willful or negligent act or omission with respect to the your use of the Services (or any part of the Services) or the violation of these Terms and Conditions by you, or the infringement by you, of any intellectual property or other right of any person or entity.
Intellectual Property & Restrictions On Use Of Content
The Services are subject to copyright under Australian law and, under international treaties, and the laws of many other countries. The Services contain trademarks, intellectual property and copyright protected works, which are owned by us, and third parties. Except for the direct purpose of viewing, accessing or interacting with the Services for your own personal use or as otherwise indicated via the Services or these Terms and Conditions, you must not copy, communicate to the public, adapt, transfer, distribute or store any of the contents of the Services, or incorporate any part of Services into another app or website without our express consent.
User Submitted Content
When you submit any materials via the Services including comments, recordings and images (“Content”), you, unless we advise otherwise, license and grant us, our affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display such Content for any purpose in any media, without compensation, restriction on use, attribution or liability. You agree not to assert any moral rights in relation to such use. You warrant that you have the full authority to grant these rights.
You agree that you are fully responsible for the Content you submit. We shall not be liable in any way for such Content to the full extent permitted by law. We may remove any Content without notice for any reason whatsoever. You warrant and agree that:
(a) you will obtain prior consent from any person or property that appears in your Content; and
(b) you will obtain full prior consent from any person who has jointly created or has any rights in the Content, to the uses and terms herein. .
Termination and Cancellation
We reserve the right in its sole discretion to revise the content of, amend links from, or withdraw access to the Services, at any time without notice. Without limiting the operation of any other Terms and Conditions herein, we will not be held liable for loss or damage arising from the exercising of these rights. Any indemnities given by you and limitations on our liability will survive such termination.
