This
document declares the undertakings by Global Chef Pty Ltd in relation to its
handling of Your Data.
Data
Collection
Global Chef Pty Ltd undertakes to
collect Your Data by means that are:
- fair;
- legal; and
- transparent.
If you visit Global Chef Pty Ltd's
web-site, your web-browser automatically
discloses, and Global Chef Pty Ltd's web-server automatically logs, the
following information: the date and time, the IP address from which you issued
the request, the type of browser and operating system you are using, the URL of
any page that referred you to the page, the URL you requested, and whether your
request was successful. This data may or may not be sufficient to identify you.
Any additional data that you
provide, e.g. in a web-form, may also
be logged. This data may or may not be sufficient to identify you.
Any additional data that your
web-browser automatically provides
may also be logged. This will be the case, for example, if your browser has
previously been requested to store data on your computer in 'cookies'
and submits them each time you request a web-page within a particular domain
(such as Global Chef Pty Ltd.com). This data may or may not be sufficient to
identify you.
If you disclose personal data to Global
Chef Pty Ltd in conjunction with an identifier such as your name or your
credit-card details, Global Chef Pty Ltd will collect
Your Data. Moreover, any data that becomes available to Global Chef Pty Ltd
through any of the means described in the preceding paragraphs may be able to
be associated with that identifier, and hence become Your Data.
Subject to the qualifications immediately
below, Global Chef Pty Ltd undertakes to collect Your Data from you and
not from other parties. This undertaking is qualified as follows:
- where Global Chef Pty Ltd reasonably considers that the
protection of its financial interests requires that it gather YourData
from other sources, or from additional sources. This applies in particular
where Global Chef Pty Ltd has a lending exposure to you, and seeks
information about your creditworthiness;
- where Global Chef Pty Ltd reasonably considers that its
capability to deliver quality services to you will be materially enhanced
by gathering YourData from other sources. This applies in particular to
consumer profile data.
Where Global Chef Pty Ltd collects Your
Data from sources other than you,
it undertakes:
- to do so only by legal means;
- to do so only with your Consent; and
- to declare to you what sources it uses, and under what
circumstances.
Global Chef Pty Ltd undertakes to
declare the purpose of collection in a manner which is clear and
meaningful, and to avoid vague, highly inclusive statements such as 'to support
our operations'.
Data Security
Global Chef Pty Ltd undertakes to store
Your Data in a manner that ensures security against unauthorised access,
alteration or deletion, at a level commensurate with its sensitivity.
Global Chef Pty Ltd undertakes to
store Your Data only in jurisdictions where data protections are at
least equivalent to those required under the OECD Guidelines.
Global Chef Pty Ltd undertakes to transmit
Your Data in a manner that ensures security against unauthorised access,
alteration or deletion, at a level commensurate with its sensitivity.
Global Chef Pty Ltd undertakes to
implement appropriate measures to ensure security of Your Data against
inappropriate behaviour by Global Chef Pty Ltd's staff-members and contractors.
These include:
- training for staff in relation to privacy;
- access control, to limit access to Your Data to those
staff and contractors who have legitimate reasons to access it;
- particularly in the case of sensitive data, audit
trails of accesses, including the identities of staff and contractors
accessing the data;
- reminders to staff and contractors from time to time
about the importance of data privacy, and the consequences of
inappropriate behaviour;
- declaration of appropriately strong sanctions that are
to be applied in the event of inappropriate behaviour
- clear communication of policies and sanctions; and
- processes to audit, to investigate and to impose
sanctions.
Data Use
Use refers to the application of
Your Data by any part of Global Chef Pty Ltd, or any staff-member or contractor
of Global Chef Pty Ltd in the course of their work.
Global Chef Pty Ltd undertakes to
use Your Data only for:
- the purposes for which it was collected;
- such other purposes as are subsequently agreed
between Global Chef Pty Ltd and You;
- such additional purposes as may be required by law.
In these circumstances, Global Chef Pty Ltd will take any reasonable steps
available to it to communicate to You that the use has occurred, unless it
is precluded from doing so by law; and
- such additional purposes as are authorised by law
(in particular to protect Global Chef Pty Ltd's interests, e.g. if it
believes on reasonable grounds that You have failed to fulfil your
undertakings to Global Chef Pty Ltd or have committed a breach of the
criminal law).
Global Chef Pty Ltd undertakes to
use YourData only if it has demonstrable relevance to the particular use
to which it is being put.
Global Chef Pty Ltd undertakes to
use YourData in such a manner as to take into account the possibility that it
is not of sufficient quality for the purpose, e.g. because it is
inaccurate, out-of-date, incomplete, or out-of-context.
Data Disclosure
Disclosure refers to making YourData
available to any party other than Global Chef Pty Ltd and You. The term
disclosure may include many different conditions of data transfer, including
selling, renting, trading, sharing and giving.
Global Chef Pty Ltd undertakes to
disclose Your Data only under the following circumstances:
- in the course of business being conducted between You
and Global Chef Pty Ltd,
where disclosure is necessary to a contractor, such as a transport
company. Where Your Data is disclosed in this way, Global Chef Pty Ltd
undertakes to exercise control over Global Chef Pty Ltd's contractors to
ensure that their actions are compliant with these Terms;
- in other circumstances that are directly implied by the
purpose agreed between You and Global Chef Pty Ltd at the time of data collection or subsequently. Where
Your Data is disclosed in this way, Global Chef Pty Ltd undertakes to
exercise control over Global Chef Pty Ltd's contractors to ensure that
their actions are compliant with these Terms;
- with your consent,
or at your request;
- where required by law,
such as a provision of a statute, or a court order such as a search
warrant or sub poena. In these circumstances, Global Chef Pty Ltd will
take any reasonable steps available to it to communicate to You that the
disclosure has occurred, unless it is precluded from doing so by law;
- where permitted by law (e.g. the reporting of suspected breach of the
criminal law to a law enforcement agency; and in an emergency, where Global
Chef Pty Ltd believes on reasonable grounds that the disclosure of
YourData will materially assist in the protection of the life of health of
some person), provided that Global Chef Pty Ltd will apply due diligence
to ensure that the exercise of the permission is justifiable.
In all cases, Global Chef Pty Ltd
undertakes to disclose only such of Your Data as is necessary in the particular
circumstances.
Data Retention and Destruction
Subject to the qualifications
immediately below, Global Chef Pty Ltd undertakes:
- to retain Your Data only as long as is
consistent with its purpose; and
- to destroy Your Data when its purpose has expired,
and to do so in such a manner that Your Data is not subsequently capable
of being recovered.
This undertaking is qualified as
follows:
- Your Data may be retained in Global Chef Pty Ltd's logs,
backups and audit trails within short-term retention cycles that are
devised to protect the company's operations. In such cases, Your Data will
be destroyed in accordance with those cycles;
- Your Data may be retained beyond the expiry of its
purpose if that is required by law, such as a provision of a statute,
or a court order such as a search warrant or sub poena, or a warning by a
law enforcement agency that delivery of a court order is imminent. In
these circumstances, Global Chef Pty Ltd:
- will take any reasonable steps available to it to
communicate to You that Your Data is being retained, unless it is
precluded from doing so by law; and
- will only retain Your Data while that provision is
current, and will then destroy Your Data;
- Your Data may be retained beyond the expiry of its
purpose if it is authorised by law (in particular to protect Global
Chef Pty Ltd's interests, e.g. if it believes on reasonable grounds that
You have failed to fulfil your undertakings to Global Chef Pty Ltd or have
committed a breach of the criminal law). In these circumstances, Global
Chef Pty Ltd will only retain Your Data while that situation is current,
and will then destroy Your Data.
Access by You to Your Personal Data
Global Chef Pty Ltd undertakes to
provide you with access to Your Data, subject to only such conditions
and processes as are reasonable in the circumstances. In particular, Global
Chef Pty Ltd undertakes to enable access:
- conveniently;
- without unreasonable delay; and
- without cost.
Global Chef Pty Ltd undertakes to
establish and operate identity authentication protections for access to Your
Data that are appropriate to its sensitivity, but practical. This may
involve some inconvenience; for example, relatively straightforward procedures
may be involved in order to provide you with access through a channel that you
have previously registered with Global Chef Pty Ltd (such as a particular
email-address), but may impose more onerous procedures if you wish to use some
other channel.
In the event that you dispute some
aspect of Your Data, Global Chef Pty Ltd undertakes to take reasonable steps in
relation to the amendment, supplementation or deletion of Your Data.
You undertake:
- not to seek access for frivolous purposes, or
unreasonably frequently;
- to accept that deletion of some data may not be
consistent with the provision of particular services by Global Chef Pty
Ltd to you.
Information about Data-Handling Practices
Global Chef Pty Ltd undertakes to
make information available to you about the manner in which Global Chef Pty Ltd
handles your data:
- in general terms, in a readily accessible manner; and
- in more specific terms, on request.
Where Your Data is disclosed to a
contractor, Global Chef Pty Ltd undertakes to make information available to you
on request about the manner in which Global Chef Pty Ltd's contractors handle
your data.
Global Chef Pty Ltd undertakes to
ensure that the information provided is meaningful, and addresses your
concerns.
You undertake:
- not to seek such information for frivolous purposes, or
unreasonably frequently; and
- to accept that the disclosure of excessive detail may
harm the security of Your Data and Global Chef Pty Ltd's business
processes, and may harm Global Chef Pty Ltd's commercial interests.
Handling of Enquiries, General Concerns and Complaints
If you have enquiries, general
concerns, or complaints about these Terms, or about Global Chef Pty Ltd's
behaviour in relation to these Terms, you undertake:
- to communicate them in the first instance:
- to Global Chef Pty Ltd only;
- in sufficient detail;
- through a channel made available by Global Chef Pty
Ltd for that purpose;
Global Chef Pty Ltd undertakes:
- to provide one or more channels for communications
to Global Chef Pty Ltd, which are convenient to users;
- to promptly provide acknowledgement of the
receipt of communications, including the provision of a copy of the
communication, the date and time it was registered, and Global Chef Pty Ltd's
reference-code for the communication;
- to promptly provide a response to the
communication, in an appropriate and meaningful manner.
You further undertake to not pursue Global
Chef Pty Ltd through any Regulator or the media:
- until and unless Global Chef Pty Ltd has had a reasonable
opportunity to respond to the initial communication; and
- while Global Chef Pty Ltd and you remain are conducting
a meaningful dialogue about the matter.
Enforcement
Global Chef Pty Ltd declares that
its undertakings in these Terms are intended to create legal obligations,
and that those obligations are intended to be enforceable under
appropriate laws in appropriate jurisdictions. These include laws relating to
data protection, privacy, fair trading, corporations and criminal laws.
You undertake to seek enforcement
only in a jurisdiction that is relevant to the transactions that have
taken place between You and Global Chef Pty Ltd, in particular the jurisdiction
in which you live or in which you performed the relevant acts, and the
jurisdiction in which Global Chef Pty Ltd is domiciled or performed the
relevant acts.
If you wish to discover the relevant
laws in any particular jurisdiction, Global Chef Pty Ltd draws your
attention to the following resources:
Changes to These Privacy Undertakings
Global Chef Pty Ltd undertakes:
- not to materially change these Terms in a manner that
reduces the protections for Your Data;
- to take all possible steps to prevent any company that
acquires this company or any of its relevant assets from materially
changing the Terms applicable to Your Data in a manner that reduces the
protections for Your Data;
- where it is considering making changes to these Terms,
or creating more specific Terms relating to specific services, to consult
with appropriate representative and advocacy organisations;
- where it makes changes to these Terms, to ensure that
the differences between successive versions are readily accessible;
- to maintain all prior versions of these Terms in such a
manner that they are dated, and readily accessible.
Definitions
Your Data means data that is capable of being associated with you,
whether or not it includes an explicit identifier such as your name or customer
number. In particular, it encompasses all data that Global Chef Pty Ltd is
capable of correlating with you, using such means as server-logs and
cookie-contents.
Your Data does not refer to
data that can no longer be associated with you. This includes aggregated data
that does not and cannot identify the individuals whose data are included in
the aggregation.
Consent means your concurrence with an action to be taken by Global
Chef Pty Ltd. Consent may be express or implicit, but in either case must be
informed and freely-given.
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