By using our platform, you acknowledge that The Food Lovers Marketplace will use your information only in Australia, where we operate.
2.) Information collected or received
In the course of providing our Services, we collect or receive your personal information in a few different ways. We obtain the categories of personal information listed below from the following sources: directly from you, for example, from forms you complete or during registration; indirectly from you based on your activity and interaction with our Services, or from the device or browser you use to access the Services; from our vendors and suppliers that help provide The Food Lovers Marketplace services you may interact with (such as, for example, for payments or customer support), and from our third party advertising and marketing partners. Often, you choose what information to provide, but sometimes we require certain information to provide you the Services. The Food Lovers Marketplace uses the personal information it receives and collects in accordance with the purposes described in this policy.
Registration, Account Setup, Service Usage:
In order to use the Services, you will need to submit a valid email address. If you register, you will need to submit a name associated with your account. You may modify that name through your account settings. You need to provide this information to enable us to provide you with the Services. Additional information, such as a shop name, billing and payment information (including billing contact name, address, telephone number, PayPal information), a telephone number, and/or a physical postal address, may be necessary in order for us to provide a particular service. For example, we need a physical postal address if you are buying something on the Site for delivery. As a seller on The Food Lovers Marketplace, we require your full name, identification ID, Proof of Address, Food Business Licensing, date of birth, PayPal information, and/or other proof of identification in order to verify your identity, provide this service to you, and comply with applicable law. For both buyers and sellers, The Food Lovers Marketplace requires this information from you in order to provide you with the Services (including, to verify ownership of an account, to mitigate fraud and abuse, to comply with regulatory obligations, or to complete a transaction as a buyer or seller). We may store credit card information and other information provided to us during checkout, for billing and payment purposes, and to process your transaction. The Food Lovers Marketplace may contact individual shop owners confidentially to request more information about their shops or items listed through the Services, or may request information from buyers to ensure compliance with our policies and applicable law. In order to use certain products or services on The Food Lovers Marketplace, you may be required to complete an application; information that you submit through the application process will not be displayed publicly and will only be used internally by The Food Lovers Marketplace and its service providers, unless otherwise specified.
The Food Lovers Marketplace automatically receives and records information from your browser or your mobile device when you visit the Site, or use certain features of the Services, such as your IP address or unique device identifier, cookies, and data about which pages you visit and how you interact with those pages in order to allow us to operate and provide the Services. This information is stored in log files and is collected automatically. The Food Lovers Marketplace may also receive similar information (like, for example, IP addresses and actions taken on the device) provided by a connected Internet of Things device such as a voice-activated assistant or Smart TV. We may combine this information from your browser or your mobile device with other information that we or our advertising or marketing partners collect about you, including across devices. This information is used to prevent fraud and to keep the Services secure, to analyse and understand how the Services work for members and visitors, and to provide advertising, including across your devices, and a more personalised experience for members and visitors.
We also automatically collect device-specific information when you install, access, or use our Services. This information can include information such as the hardware model, operating system information, app version, app usage and debugging information, browser information, IP address, and device identifiers.
Data from The Food Lovers Marketplace Vendors and Suppliers:
We also receive information from our vendors and suppliers about you. This information can include customer service interactions, payments information, delivery information, and information shared in The Food Lovers Marketplace forums.
Data from Advertising and Marketing Partners:
As described below, The Food Lovers Marketplace receives information from our advertising and marketing partners about you. This information can include attribution information via cookies and UTM tags in URLs to determine where a visit to The Food Lovers Marketplace comes from, responses to marketing emails and advertisements, responses to offers, and audience information from partners who you have given consent to share that information with us.
We collect information about your use of the Services for advertising, for analytics, to serve content, and to protect the Services. This can include your IP address, browser information (including referrers), device information (such as iOS IDFA, IDFV for limited non-advertising purposes, Android AAID, and, when enabled by you, location information provided by your device). When you use The Food Lovers Marketplace, you can choose to share your geolocation details with The Food Lovers Marketplace in order to use functions like our search for local marketplace, maps, and for in-person sales (although you don’t need to share these details). You can choose to publish your location when you sell on The Food Lovers Marketplace.
We obtain location information you provide in your profile or your IP address. With your consent, we may also determine location by using other information from your device, such as precise location information from GPS or information about wireless networks or cell towers near your mobile device. We use and store information about your location to provide features and to improve and customise the Services. If you have consented to share your precise device location details but would no longer like to continue sharing that information with us, you may revoke your consent to the sharing of that information through the settings on the Apps or on your mobile device. Certain non-precise location services, such as for security and localised policies based on your IP address or submitted address, are critical for the Site to function. We will only share your geolocation details with third parties (like our mapping, payments, or, to the extent applicable, advertising providers) in order to provide you with the Services. You may also choose to enable the Apps to access your mobile device’s camera to upload photographs to The Food Lovers Marketplace.
We use data analytics software to ensure Site functionality and to improve the Services. This software records information such as how often you use the Site, what happens within the Site, aggregated usage, performance data, errors and debugging information. We do not link the information we store within the analytics software to any personally identifiable information that you submit within the mobile application.
The Food Lovers Marketplace receives or obtains information (for example, an email address or IP address) about a person who is not yet a registered as Food Lovers Marketplace member (a “non-member”) in connection with certain features, such as when a non-member chooses to subscribe to The Food Lovers Marketplace newsletter, a member invites a non-member to visit the Site, a non-member engages in a transaction, a member sends a gift card code to a non-member, or a non-member uses Guest Checkout to make a purchase. Non-member information is used only for the purposes disclosed when it was submitted to The Food Lovers Marketplace, for purposes necessary to the functioning of The Food Lovers Marketplace Services or where The Food Lovers Marketplace has a legitimate interest, as disclosed in the “Information Uses, Sharing, & Disclosure” Section below, or to facilitate action authorised by a member or the non-member.
3.) Messages from The Food Lovers Marketplace
On occasion, The Food Lovers Marketplace will need to contact you. Primarily, these messages are delivered by email, Announcements, or by phone call/text for a variety of reasons, including marketing, transactions, advocacy, and service update purposes. To ensure you properly receive notifications, we will need to collect certain information about your device, such as operating system and user identification information. Every account is required to keep a valid email address and phone number on file to receive messages. The Food Lovers Marketplace may also contact you by telephone to provide member support or for transaction-related purposes if you request that we call you. Additionally, and with your consent where required by applicable law, The Food Lovers Marketplace may send you an SMS (or similar) message, or reach out to you by telephone, in order to provide you with customer support, for research or feedback, or to provide you with information about products and features that you may find of interest.
Some messages from The Food Lovers Marketplace are service-related and necessary for members and Guest Checkout users. You understand and agree that The Food Lovers Marketplace can send you non-marketing emails, announcement, or messages, such as those related to transactions, your account, security, or product changes. Examples of service-related messages include an email address confirmation/welcome email when you register your account, notification of an order, service availability, modification of key features or functions, relaying Messages with buyers, and correspondence with The Food Lovers Marketplace Support team (including by chat interface or the other methods of communication as described above).
When you register for an account, subscribe to a newsletter, or provide us with your email address or phone number such as for a Guest Checkout purchase, you receive notice of and agree to receive marketing emails and messages from us. You can unsubscribe at any time from marketing emails or messages through the opt-out link included in marketing emails or messages. Please note that some changes to your account settings may take a few days to take effect.
The Food Lovers Marketplace is made up of a community of people. We offer several features that allow members to connect and communicate in public or semi-public spaces, such as The Food Lovers Blog. You don’t have to use these features, but if you do, please use common sense and good judgment when posting in these community spaces or sharing your personal information with others through the Services. Be aware that any personal information that you choose to submit there can be read, collected, or used by others, or could be used to send unsolicited messages to you. We engage certain third parties to assist in providing community services to you and, in the context of that relationship, we need to share some of your information with such third parties in order to provide that service. This may include, for example, information from your Food Lovers Marketplace account that is publicly available, your account’s status, your forum posts and Team memberships, your Food Lovers Marketplace username and/or shop name, the display name you’ve optionally chosen to share publicly in your account and your avatar image. If you close your Food Lovers Marketplace account, your Community account, which allows you to post in Forums, will also be closed and related personal information will be deleted. However, your posts may remain public after your account is closed, although your name will no longer be displayed alongside the post. You are responsible for the personal information that you choose to post in community spaces through the Services.
Another member may follow your public activity on the Site to receive updates, such as when you add an item to your store. You may choose to make certain activities private through your account settings.
5.) Information uses, sharing & disclosure
We respect your privacy. The Food Lovers Marketplace will not disclose your name, email address or other personal information to third parties without your consent, except as specified in this policy. We or our sellers may advertise our Services or our sellers’ products through a variety of different mediums and rely on your consent to do so off-site.
When you access or use the Services, we collect, use, share, and otherwise process your personal information for the purposes described in this policy. We rely on a number of legal bases to use your information in these ways. These legal bases include where:
- You have consented to the processing, which you can revoke at any time;
- Necessary to comply with a legal or regulatory obligation, a court order, or to exercise or defend any impending or asserted legal claims;
- Necessary for the purposes of our or a third party’s legitimate interests, such as those of visitors, members, or partners (described in more detail below);
- You have expressly made the information public;
- Necessary in the public interest, such as to prevent crime; and
- Occasionally necessary to protect your vital interests or those of others (in rare cases where we may need to share information to prevent loss of life or personal injury).
We principally rely on consent (which can be withdrawn at anytime) (i) to send marketing messages, (ii) for third-party data sharing related to advertising, and, to the extent applicable, (iii) for the use of location data for advertising purposes.
We rely on consent for targeted online and offline marketing including through tools like Facebook Custom Audience and Google Customer Match. We or our sellers may advertise our Services or our sellers’ products through a variety of different mediums and rely on your consent to do so off-site. As part of this, we may work with advertising partners such as Facebook, Google, and other partners. These partners have their own privacy policies and consent mechanisms for their customers, in addition to The Food Lovers Marketplace controls.
The Food Lovers Marketplace may also use first party data (e.g. your prior shopping and browsing patterns on our Site), and may combine it with other data collected from you, such as your location, or publicly available information, to permit us to create targeted audiences based on your known or inferred demographic and/or interests to provide you with more relevant and useful advertising on our site, in our direct marketing channels (like email), or with our off site marketing partners, like Google and Facebook, subject to their terms and privacy notice you agreed to with such partners.
Our Legitimate Interests
Where we process your information on the basis of legitimate interests, we do so as follows:
Providing and Improving our Services:
We use your information to improve and customise our Services, including sharing your information for such purposes, and we do so as it is necessary to pursue our legitimate interests of improving our Services for our users. This is also necessary to enable us to pursue our legitimate interests in understanding how our Services are being used, and to explore and unlock ways to develop and grow our business. It is also necessary to allow us to pursue our legitimate interests in improving our Services, efficiency, interest in Services for users, and obtaining insights into usage patterns of our Services. As a core part of our Services, we have a legitimate interest in customising your on-site experience to help you search for and discover relevant items and recommended purchases, including using this information to help sellers find the best ways to market and sell their products on The Food Lovers Marketplace.
Providing Marketing Communications:
We rely on our legitimate interest to send you marketing messages (where permitted independent of consent) and for The Food Lovers Marketplace advertising programmes (including The Food Lovers Marketplace on-site advertising and marketing).
Keeping our Services Safe and Secure:
We use your information for safety and security purposes, which can include sharing your information for such purposes, and we do so because it is necessary to pursue our legitimate interests or those of a third party in ensuring the security of our Services, preventing harm to individuals or property, or crime, enforcing or defending legal rights, or preventing damage to The Food Lovers Marketplace systems, or those of our users or our partners. This includes enhancing protection of our community against spam, harassment, intellectual property infringement, crime, and security risks of all kinds. We use your information to provide and improve the Services, for billing and payments, for identification and authentication, and for general research and aggregate reporting. For example, in accordance with our existing case resolution process, we may use information you provide to resolve disputes with The Food Lovers Marketplace members.
Buying and Selling:
We may learn about the types of products that you’re interested in from your browsing and purchasing behaviour on (and off) the Site and use such information to suggest potential purchases as a result. As a core part of our Services, we have a legitimate interest in customising your on-site experience to help you search for and discover relevant items and recommended purchases, including using this information to help sellers find the best ways to market and sell their products on The Food Lovers Marketplace.
Legal and Safety:
If The Food Lovers Marketplace receives a lawful, verified request for a member’s records or information in one of the limited circumstances described in the previous paragraph, The Food Lovers Marketplace may disclose personal information, which may include, but may not be limited to, a member’s name, address, phone number, email address, company/trading name and, where appropriate, bank account and transaction details.
The Food Lovers Marketplace may share demographic information with business partners, but it will be aggregated and de-personalised so that personal information is not revealed.
The Food Lovers Marketplace also needs to engage third-party companies and individuals (such as research companies, and analytics and security providers) to help us operate, provide, and market the Services. These third parties have only limited access to your information, may use your information only to perform these tasks on our behalf, and are obligated to The Food Lovers Marketplace not to disclose or use your information for other purposes. Our engagement of service providers is often necessary for us to provide the Services to you, particularly where such companies play important roles like helping us keep our Service operating and secure. In some other cases, these service providers aren’t strictly necessary for us to provide the Services, but help us make it better, like by helping us conduct research into how we could better serve our users. In these latter cases, we have a legitimate interest in working with service providers to make our Services better.
This policy does not apply to the practices of third parties (such as other members who sell using the Services, certain third-party providers on whom we rely to provide certain services, or API users) that The Food Lovers Marketplace does not own or control or individuals that The Food Lovers Marketplace does not employ or manage, except as otherwise provided for in the Terms or as required by law. If you provide your information to such third parties in connection with your use of the Services, different practices may apply to the use or disclosure of the information that you provide to them. While The Food Lovers Marketplace requires these third parties to follow The Food Lovers Marketplace’s privacy and security requirements, The Food Lovers Marketplace does not control the privacy or security policies of such third parties. To the full extent applicable in your jurisdiction, The Food Lovers Marketplace is not responsible for the privacy or security practices of these sellers, API users, or other websites on the internet, even those linked to or from the Services. We encourage you to read the privacy policies and ask questions of third parties before you disclose your personal information to them.
The security of your personal information is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and after it is received, for example encryption is used for certain information (such as credit card numbers) using TLS (transport layer security). Unfortunately, no method of transmission over the internet or method of electronic storage is 100% secure. Therefore, while we strive to protect your personal information, we can’t guarantee its absolute security.
Your account information is protected by a password. It is important that you protect against unauthorised access to your account and information by choosing your password carefully and by keeping your password and computer secure, such as by signing out after using the Services.
If you have any questions about the security of your personal information, you can contact us at [email protected]
The Food Lovers Marketplace will retain your information only for as long as is necessary for the purposes set out in this policy, for as long as your account is active (i.e., for the lifetime of your Food Lovers Marketplace member account), or as needed to provide the Services to you. If you no longer want The Food Lovers Marketplace to use your information to provide the Services to you, you may request to close your account. The Food Lovers Marketplace will retain and use your information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your information to comply with applicable tax/revenue laws), resolve disputes, enforce our agreements, and as otherwise described in this policy. In addition, The Food Lovers Marketplace sellers may also be required to retain and use your information in order to comply with their own legal obligations. Please note that closing your account may not free up your email address, username, or shop name (if any) for reuse on a new account. We also retain log files for internal analysis purposes. These log files are generally retained for a brief period of time, except in cases where they are used for site safety and security, to improve site functionality, or we are legally obligated to retain them for longer time periods.
8.) Your rights & choices
The Food Lovers Marketplace gives you the choice of accessing, editing, or removing certain information, as well as choices about how we contact you. You may change or correct your account information through your account settings. You may also remove certain optional information that you no longer wish to be publicly visible through the Services, such as your name. You can also request to permanently close your account and delete your personal information. You may also benefit from a number of rights with respect to your information. While some of these rights apply generally, certain rights apply in limited cases.
- Right to Access & Portability: You can request a copy of your personal information in an easily accessible format and information explaining how that information is used.
- Right to Correction: You have the right to request that we rectify inaccurate information about you. By visiting your account settings, you can correct and change certain personal information associated with your account.
- Right to Restrict Processing: In certain cases where we process your information, you may also have the right to restrict or limit the ways in which we use your personal information.
- Right to Deletion: In certain circumstances, you have the right to request the deletion of your personal information, except information we are required to retain by law, regulation, or to protect the safety, security, and integrity of The Food Lovers Marketplace.
- Right to Object: If we process your information based on our legitimate interests as explained above, or in the public interest, you can object to this processing in certain circumstances. In such cases, we will cease processing your information unless we have compelling legitimate grounds to continue processing or where it is needed for legal reasons. Where we use your personal data for direct marketing purposes, you can object using the unsubscribe link in such communications or changing your account email settings.
- Right to Withdraw Consent: Where we rely on consent, you can choose to withdraw your consent to our processing of your information using specific features provided to enable you to withdraw consent, like an email unsubscribe link. If you have consented to share your precise device location details but would no longer like to continue sharing that information with us, you can revoke your consent to the sharing of that information through the settings on your mobile device. This is without prejudice to your right to generally permanently close your account and delete your personal information.
If you would like to manage, change, limit, or delete your personal information, you can do so via your Food Lovers Marketplace account settings. Alternatively, you can exercise any of the rights above by contacting us by submitting a message through our contact form available in our Help Centre or by sending us an email support. Once you contact us to exercise any of your rights, we will confirm receipt of your request.
Limiting use of, or deleting, your personal information may impact features and uses that rely on that information. However, we will not discriminate against you for exercising any of your rights, including otherwise denying you goods or services, providing you with a different level or quality of services, or charging you different prices or rates for services. If you need further assistance, you can contact The Food Lovers Marketplace through one of the channels listed below under “Contact.” We will respond to your request within a reasonable timeframe.
Please note that we may verify your identity before we are able to process any of the requests described in this Section, and in our discretion, deny your request if we are unable to verify your identity. As a part of this process, government or other identification may be required. You may designate an authorised agent to make a request on your behalf. In order to designate an authorised agent to make a request on your behalf, you must provide a valid power of attorney, the requester’s valid government issued identification, and the authorised agent’s valid government issued identification, and we may verify the authenticity of the request directly with you.
9.) Your responsibilities
We may amend or update this policy from time to time. If we believe that the changes are material, we’ll let you know by doing one (or more) of the following: (i) posting the changes on or through the Services, (ii) sending you an email or message about the changes. We encourage you to check back regularly and review any updates.