Foodporn Privacy Policy

Introduction

Welcome! This is Foodporn's Privacy . We respect Your privacy and are committed to protecting Your Personal Data.

This Privacy Policy will inform You about Your privacy rights, how the law protects You , and how We look after Your Personal Data when You visit the Foodporn Website.

We have set up this Privacy Policy in a layered format, so You can move to specific areas of interest by clicking on links.

Also, in this Privacy Policy, some terms appear capitalised and bold (so, they appear Like This). A list of each term, and its meaning, appears in the Glossary

Further, a lot of important information in this Privacy Policy appears in Table1, entitled 'Data Use Purpose, Type and Lawful Basis'.

If You use the Foodporn Website, You confirm to Us that You have read and understood this Privacy Policy. If You find this Privacy Policy unclear in any way, You should contact Us. If You are still unclear about something after contacting Us, You should consider getting some legal advice

Contents

  1. Purpose
  2. Important Information
  3. The Data We Collect About You
  4. How We Collect Your Personal Data
  5. How We Use Your Personal Data
  6. Disclosing Your Personal Data
  7. International Transfers of Data
  8. Data Security
  9. Data Retention
  10. Controlling Your Personal Data
  11. Your Legal Rights
  12. California Residents' Privacy Rights
  13. Nevada Residents' Privacy Rights
  14. Glossary
  15. Purpose
Table1

1. Purpose

1.1. What We're trying to do
  1. This Privacy Policy aims to give You information about how Foodporn collects, uses and processes Your Personal Data when You use the Foodporn Services and the Foodporn Website, Including any data You may provide through the Website when You create an account, write reviews or sign up to any communications (such as newsletters and blog posts).
1.2. What We're not trying to do
  1. We don't intend for Children to use the Foodporn Website. So, We do not knowingly collect Personal Data relating to Children.
  2. If You find out that a Child has given Us Personal Data without parental consent, please contact Us.
  3. We take these matters very seriously. If We learn that a Child has given Us Personal Data without parental consent, We will delete the information and terminate the Child's account.

2. Important Information

2.1. Who is issuing this Privacy Policy
  1. Foodporn is made up of three different companies, and We are issuing this Privacy Policy on behalf of all of them.
  2. So, when We mention Foodporn (or We, Us or Our) in this Privacy Policy, We are referring to the relevant Foodporn company that is responsible for processing Your Personal Data.
2.2. Controller
  1. Foodporn UK is the controller and responsible for the Foodporn Website.
2.3. Data Privacy Manager
  1. We have appointed three Data Privacy Managers who are responsible for responding to any questions about this Privacy Policy.
  2. If You have any questions about this Privacy Policy or Our privacy practices, including any requests to exercise Your Legal Rights, please contact the Data Privacy Manager that is relevant to You :
    1. If You reside anywhere in the world other than the United States and Australia, Including in the EEA or Switzerland, the Data Privacy Manager's name and contact details are as follows:
      1. Name: Foodporn UK
      2. Email address: [email protected]
    2. If You are an Australian resident, the Data Privacy Manager's name and contact details are as follows:
      1. Name: Foodporn Australia
      2. Email address: [email protected]
    3. If You are a United States or Canadian resident, the Data Privacy Manager’s name and contact details are as follows:
      1. Name: Foodporn North America
      2. Email address: [email protected]
  3. Of course, for security purposes, We will need to confirm Your identity before responding to Your request, Including before providing You with any Personal Data.
2.4. Complaints
  1. You have the right to make a complaint at any time to the ICO.
  2. That said, We'd really appreciate the chance to deal with Your concerns before You approach the ICO. So please contact Us in the first instance.
2.5. Privacy Policy changes
  1. We regularly review, and if need be update, Our Privacy Policy. We may change it at any time at Our sole discretion.
  2. If We make material changes to this Privacy Policy, We will notify You on or before the date the new policy takes effect by either:
    1. sending You an email; or
    2. posting a notice on the Foodporn Website
  3. By continuing to access or use the Foodporn Website and the Foodporn Services after the revised Privacy Policy takes effect, You agree that You have read and understood the revised Privacy Policy.
  4. We will always let You know the date We published the current Privacy Policy. We published this one on 26 May 2020.

2.6. Your duty to inform Us of any Personal Data changes

  1. It is important that the Personal Data We hold about You is complete, accurate and current.
  2. So, during Your relationship with Us, You really need to let Us know if:
    1. Your Personal Data changes; or
    2. You realise there is an issue with it.
2.7. What You should read
  1. You should be fully aware of how and why We are using Your Personal Data.
  2. To get across these things, You really need to read this Privacy Policy and any other policy (Including any fair processing policy) that We may provide when We collect or process Your Personal Data.
  3. This Privacy Policy supplements other policies We may issue. It is not intended to override them.
2.8. Third-party links
  1. The Foodporn Website may include links to third-party Websites, plug-ins and applications. Clicking on those links, or enabling those connections, may allow third parties to collect or share data about You .
  2. We don't own or control these third-party Websites, so We're not responsible for their privacy statements.
  3. After leaving Our Website, You should try and read the Privacy Policy of every Website You visit.

3. The Data We Collect About You

3.1 Personal Data
  1. Personal Data means any information about an individual from which that person can be identified. It does not include Anonymous Data.
  2. We may collect, use, store and transfer different kinds of Personal Data about You , Including the following:
    1. Contact Data;
    2. Financial Data ;
    3. Identity Data;
    4. Contact DataMarketing and Communications Data;
    5. Profile Data;
    6. Transaction Data;
    7. Technical Data; and
    8. Usage Data.
  3. Note that the Glossary sets out the meaning of each of these terms.
3.2 Aggregated Data
  1. We also collect, use and process Aggregated Data for any purpose.
  2. We might derive Aggregated Data from Your Personal Data, but it is not considered Personal Data because Aggregated Data will not directly or indirectly reveal Your identity. So, for example, We may aggregate Your Usage Data to calculate the percentage of users accessing a specific feature of the Foodporn Website.
  3. HoWever, sometimes We might combine or connect Aggregated Data with Personal Data. If We do so in a way that can directly or indirectly identify You , We will treat the combined data as Personal Data, and only use it in accordance with this Privacy Policy.
3.3. Sensitive Data
  1. We do not collect any Sensitive Data about You .
  2. Nor do We collect any information about criminal convictions and offences.
3.4. If You don't provide Your Personal Data
  1. We may need to collect Personal Data by law, or under the terms of a contract We have with You .
  2. If You don't provide any data on request, We may not be able to:
    1. enter into a contract with You (for example, to provide You with goods or services); or
    2. perform Our obligations under a current contract.
  3. As a result, We may not be able to provide You with a product or service that You wanted. HoWever, if this happens, We will notify You at the time.

4. How We Collect Your Personal Data

4.1. Different methods
  1. We use different methods to collect Your Personal Data from You , namely:
    1. direct interactions with You ;
    2. automated technologies;
    3. third parties; and
    4. publicly available sources.
  2. We set out below some details regarding each method.
4.2. Direct interactions
  1. You may give Us Your Contact Data, Financial Data or Identity Data by filling in online forms, or by contacting Us.
  2. For example, We will obtain Personal Data by a direct interaction when You provide that data in:
    1. applying for Our products or services;
    2. creating an account on the Foodporn Website;
    3. requesting Us to send marketing to You ;
    4. subscribing to Our publications;
    5. entering a competition; or
    6. signing up for a promotion or survey.
4.3. Automated technologies
  1. When You interact with the Foodporn Website, We will automatically collect Technical Data about Your equipment, browsing actions and patterns. We use technologies such as cookies and server logs to collect this Personal Data.
  2. We may also receive Your Technical Data if You visit other Websites employing Our cookies.
  3. For more information about the automatic technologies We use, please see the Foodporn Cookie Policy.
4.4. Third parties
  1. Various third parties will provide Us with Personal Data about You , Including:
    1. fraud prevention and quality assurance service providers, who may provide Us with Profile Data, Transaction Data, Technical Data and Usage Data;
    2. providers of payment and delivery services may who provide Us with Contact Data, Financial Data and Transaction Data;
    3. data brokers or aggregators, who may provide Us with Contact Data, Identity Data and Aggregated Data;
    4. social media providers, such as Facebook (based outside the EEA), who may provide Us with Contact Data and Identity Data if You :
      1. sign up for a Foodporn account, or log into Your Foodporn account, using that provider's services; or
      2. link Your Foodporn account to the social media account You hold with that provider.
    5. providers of technical, communications, hosting, security, customer support, tracking and usage reporting services, who may provide Us with Technical Data and Usage Data;
    6. analytics providers, such as Google (based outside the EEA), advertising networks and search information providers, who may provide Us with Technical Data; and
    7. marketing firms, who may provide Us with Contact DataMarketing and Communications Data.
4.5. Publicly available sources
  1. We will receive Personal Data about You from various public sources, Including Companies House and the Electoral Register (each based inside the EEA).

5. How We Use Your Personal Data

5.1. The Lawful Bases
  1. We will only use Your Personal Data when the law allows Us to do so: in other words, if a Lawful Basis exists. The Lawful Basis for collecting, using and processing Your Personal Data will depend on:
    1. the nature of the information concerned;
    2. the exact context in which We collect it; and
    3. the specific purpose for which We use it.
  2. That said, usually We will use Your Personal Data if one of the following Lawful Bases exists:
    1. Contract Performance -where it is necessary for Us to enter into, or perform, a contract with You ;
    2. Interest Protection-where it is essential to protect Your vital interests, or a third party's vital interests;
    3. Legal Obligation-where We need to do so to comply with a legal obligation; or
    4. Legitimate Interests-where it is necessary for Our legitimate interests (or a third party's legitimate interests), and Your interests and fundamental rights and freedoms do not override those interests.
  3. Note that the Glossary sets out the meaning of each of these terms. That said, on the issue of legitimate interests, We note:
    1. Our interests are 'legitimate' if they relate to Us conducting and managing Our business in order to give You the best product or service, and the best and most secure user experience.
    2. Before We process Your Personal Data for Our Legitimate Interests, We make sure We consider and balance any potential impact (both positive and negative) and Your interests, rights and freedoms.
    3. If the negative impact on You overrides Our interests, We will not use Your Personal Data for Our activities unless another Lawful Basis applies (for example, You consent to Us processing Your data, or We need to process the data to comply with a legal obligation).
    4. If You would like further information about how We balance Our legitimate interests against any potential impact on You in respect of specific activities, then please contact Us.
5.2. Consent
  1. Generally, We do not rely on consent as a Lawful Basis for processing Your Personal Data.
  2. That said:
    1. We may rely on Your implicit consent in emailing Our marketing communications to You , and in sharing Your Personal Data with third parties for marketing purposes.
    2. You have the right to withdraw Your consent to marketing at any time. For how to do so, see Opting-out of marketing.
5.3. Purposes for which We will use Your Personal Data
  1. Table1 describes the ways We plan to use Your Personal Data, identifies the data type(s) in play, and states which Lawful Bases We rely on to use the data. Note that:
    1. We may process Your Personal Data for more than one Lawful Basis, depending on the specific purpose for which We are using Your data.
    2. Where relevant, We have identified what Our Legitimate Interests are.
  2. If We have set out more than one Lawful Basis in Table1, and You would like details about the specific basis that We are relying on to process Your Personal Data, then please contact Us.
5.4. Our marketing
  1. Foodporn strives to provide You with choices regarding certain Personal Data uses, particularly concerning marketing.
  2. We may use Your Contact Data, Identity Data, Profile Data, Contact DataMarketing and Communications Data, Technical Data and Usage Data to form a view on what We think You may want or need, or may interest You . This is how We decide which products, services and offers may be relevant for You (in other words, what to market to You ).
  3. We may send You marketing communications if You have:
    1. asked Us for information;
    2. signed up for an account;
    3. used the Foodporn Website or the Foodporn Services (Including Our blog); or
    4. bought any goods or services from Us.
5.5. Third-party marketing
  1. We may share Your Personal Data with third parties for marketing purposes if You have:
    1. asked Us for information;
    2. signed up for an account;
    3. used the Foodporn Website or the Foodporn Services (Including Our blog); or
    4. bought any goods or services from Us.
5.6. Opting-out of marketing
  1. You can ask Us or third parties to stop sending You marketing messages (that is, You can 'opt out') at any time by:
    1. clicking on the 'unsubscribe' link in the marketing email sent to You ; or
    2. contacting Us.
  2. If You opt out of receiving these marketing messages, this will not affect the position regarding any Personal Data You have provided to Us as a result of You using the Foodporn Website or the Foodporn Services.
5.7. Cookies
  1. You can set Your browser to refuse all or some browser cookies, or to alert You when Websites set or access cookies.
  2. If You disable or refuse cookies, You may not be able to access some parts of the Foodporn Website or they won't function properly.
  3. For more information about the cookies We use, please see the Foodporn Cookie Policy.
5.8. Change of purpose
  1. We will only use Your Personal Data for the purpose(s) for which We collected it, unless We reasonably consider that:
    1. We need to use it for another reason; and
    2. the other reason is compatible with the original purpose.
  2. If You would like Us to explain how the processing for the new purpose is compatible with the original purpose, please contact Us.
  3. If We need to use Your Personal Data for an unrelated purpose, We will notify You and We will explain the Lawful Basis which allows Us to do so.

6. Disclosing Your Personal Data

6.1. General
  1. We may share Your Personal Data for the purposes set out in Table1 with the following parties:
    1. Internal Third Parties;
    2. External Third Parties; and
    3. Acquiring Third Parties.
  2. If We share Your Personal Data with any third party, We require them to act as if they had issued this Privacy Policy, and abide by its terms.
  3. If the Foodporn business changes in a way that involves an Acquiring Third Party, then that party may use Your Personal Data in the ways as set out in this Privacy Policy.
6.2. Third party integrations and communications
  1. The Foodporn Website may use framing techniques to serve content to You from third party service providers, whilst preserving the look and feel of the Foodporn Services.
    1. If You post content to a third party's platform through the Foodporn Website, then:
      1. the third party will also receive the content;
      2. the information You provide may be transmitted directly to that third party; and
      3. anyone using that third party's services may see the content.
  2. If You interact with businesses through the Foodporn Website, they will receive whatever information You choose to share with them. For example, if You email the business directly, You will share with them Your email address, a form of Contact Data. Foodporn is not in any way involved in, or responsible for, such disclosures.
6.3. Respecting Your data security
  1. We require all third parties to respect the security of Your Personal Data and to treat it in accordance with the law.
  2. We do not allow Our third-party service providers to use Your Personal Data for their own purposes: We only permit them to process Your Personal Data for specified purposes and in accordance with Our instructions (for example, for marketing purposes).
  3. Foodporn does not sell Your Personal Data. If in future We decide to do so, We will not proceed with any sale without notifying You and giving You an opportunity to opt-out of that sale, as legally required.
  4. We don't offer any financial incentives in connection with Our collection, use, processing or disclosure of Your Personal Data.

7. International Transfers of Data

7.1. General
  1. We share Your Personal Data within the Foodporn Group. This will involve transferring Your data outside of the EEA.
  2. Also, many of Our External Third Parties are based outside of the EEA, so their processing of Your Personal Data will involve a transfer of data outside the EEA.
  3. We take Our users' privacy seriously. So, We take steps to safeguard Your Personal Data, Including following current European standards to ensure that Your data is adequately protected at all times.
  4. Whenever We transfer Your Personal Data out of the EEA, We ensure the entity handling the data affords a similar degree of protection to it as We do. We do this by implementing either of the following safeguards:
    1. We will only transfer Your Personal Data to countries that adequately protect Personal Data, as judged by the European Commission. For further details, see European Commission, 'Adequacy Decisions'.
    2. Where We use certain service providers, We may use specific contracts which give Personal Data the same protection as it has in Europe, as judged by the European Commission. For further details, see European Commission, 'Standard Contractual Clauses'.
7.2. Further information
  1. If You would like further information about the specific means We use to transfer Your Personal Data out of the EEA, please contact Us.

8. Data Security

Security measures
  1. We have put in place appropriate security measures to prevent Your Personal Data from being accidentally deleted, lost, modified, misused, corrupted or disclosed, or accessed or used in an unauthorised way, both during transmission and after We receive it.
    1. For example, We limit access to Your Personal Data to employees and third parties (such as agents and contractors) who have a business need to know the information. They will only process Your Personal Data on Our instructions, and on a confidential basis.
  2. HoWever, no transmission method (Including over the internet or by a mobile device) or means of electronic storage is totally secure. That's just life, sadly.
  3. So, while We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee that it will be, and remain, secure.

9. Data Retention

9.1. For how long will We keep Your Personal Data?
  1. We will only keep Your Personal Data for as long as reasonably necessary to fulfil the purpose(s) for which We collected it, Including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements.
  2. That said, We may keep Your Personal Data for a longer period if:
    1. there is a complaint; or
    2. We believe there is a prospect of litigation.
9.2.Determining the period
  1. To determine the appropriate retention period for Personal Data, We consider:
    1. the amount, nature and sensitivity of the Personal Data;
    2. the potential risk of harm from unauthorised use or disclosure of Your Personal Data;
    3. the purpose(s) for which We process Your Personal Data;
    4. whether We can use other means to achieve those purposes; and
    5. the applicable legal, regulatory, tax, accounting or reporting requirements.
  2. By law, We have to keep basic information about Our customers (Including Contact Data, Financial Data , Identity Data and Transaction Data) for six years after they cease being customers for tax purposes.
9.3.Anonymising and deleting Personal Data
  1. In some circumstances, We will anonymise Your Personal Data (so that it can no longer be associated with You ). We will only do so for research or statistical purposes. If We take this step, We may use this information indefinitely without notifying Your further.
  2. In other circumstances, You can ask Us to delete Your Personal Data. For further information, see Your Legal Rights.

10.Controlling Your Personal Data

10.1. General
  1. Other users may be able to identify You , or associate You with Your account, if You include Personal Data in the content You post publicly.
10.2. Finding friends
  1. You can use the 'Find Friends' feature to find a friend (such as another 'foodie') based on the friend's name or email address.
  2. HoWever, You can limit Your visibility for this feature in Your account settings, if You 'd prefer to keep a little more mystery.
10.3. Messages
  1. Any messages You send or receive using the Foodporn Services are only private to the extent that both parties keep the contents of the message private. So, for example, if You send a message to another user, he or she may choose publicly to post it, and any privacy is gone.
  2. We may access, review, and disclose such messages if We are acting for the purposes of an investigation, or in an attempt to improve the Foodporn Services.

11. Your Legal Rights

11.1. General
  1. Under certain circumstances, You have the following rights under data protection laws in relation to Your Personal Data-the right to:
    1. request access to Your Personal Data;
    2. request Your Personal Data be corrected;
    3. request Your Personal Data be erased;
    4. object to the processing of Your Personal Data;
    5. request the transfer of Your Personal Data;
    6. request the processing Your Personal Data be restricted; and
    7. withdraw Your consent.
  2. We expand on each of these seven rights below.
11.2. Access right
  1. You have the right to request access to Your Personal Data (commonly known as a 'data subject access request').
  2. This lets You to request and receive a copy of Your Personal Data that We hold, and to check that We are lawfully processing it.
11.3. Correction right
  1. You are entitled to request Us to correct any Personal Data about You that We hold.
  2. This enables You to have Us correct any inaccurate data, or complete any incomplete data, that We hold.
  3. That said, We may need to verify that the new data You provide to Us is accurate or complete.
11.4. Erasure right
  1. You have the right to request Us to erase Your Personal Data.
  2. This lets You ask Us to delete or remove Your Personal Data where:
    1. there is no good reason for Us continuing to process it;
    2. You have successfully exercised Your right to object to Us processing it;
    3. We may have processed Your information unlawfully; or
    4. We must erase Your Personal Data to comply with local law.
  3. HoWever, We may not always be able to comply with Your erasure request for legal reasons. If so, We will notify You of those reasons at the time of Your request.
11.5. Right to object
  1. You are entitled to object to Us processing Your Personal Data where We are:
    1. relying on a legitimate interest (or a third party's legitimate interest), and You feel the processing negatively impacts on Your interests and fundamental rights and freedoms; and
    2. processing Your Personal Data for direct marketing purposes.
  2. In some cases, We may demonstrate that We have compelling legitimate grounds to process Your Personal Data which override Your interests, rights and freedoms.
11.6. Right to restrict
  1. You have the right to request that We restrict Our processing of Your Personal Data.
  2. This enables You to ask Us to suspend the processing of Your Personal Data if:
    1. You want Us to establish the data's accuracy;
    2. Our use of the data is unlawful, but You do not want Us to erase it;
    3. You need Us to hold the data even though We no longer require it, as You need it to establish or exercise Your legal claims, or defend a legal claim against You ; or
    4. You have objected to Our use of Your data, but We need to verify whether We have overriding grounds to use it.
11.7. Transfer right
  1. You are entitled to request Us to transfer Your Personal Data to You , or to a third party.
  2. We will provide to You , or the third party, Your Personal Data in a structured, commonly used, machine-readable format.
  3. HoWever, this right only applies:
    1. to automated information which You initially provided consent for Us to use; or
    2. where We used the information to perform a contract with You .
11.8. Right to withdraw consent
  1. If We are relying on consent to collect and process Your Personal Data, You have the right to withdraw consent at any time.
  2. This enables You to opt-out of marketing messages at any time. For how to do so, see Opting-out of marketing.
  3. HoWever, Your withdrawal will not affect:
    1. the lawfulness of any processing We carried out before Your withdrawal; or
    2. the processing of Your Personal Data conducted in reliance on another Lawful Basis.
  4. If You withdraw Your consent, We may not be able to provide certain products and services to You . We will advise You if this is the case at the time You withdraw Your consent.
11.9. Exercising Your rights
  1. If You wish to exercise any of Your Legal Rights, please contact Us.
  2. Generally, You will not have to pay a fee to exercise any of Your rights, Including accessing Your Personal Data. HoWever, if in Our opinion Your request is unfounded, excessive or repetitive, We may:
    1. charge a reasonable fee; or
    2. refuse to comply with Your request.
11.10. What We may need from You
  1. We may need to request specific information from You to help Us confirm Your identity and ensure that You hold the right in question, Including Your right to access Your Personal Data. This is a security measure to make sure We do not disclose Personal Data to any person who has no right to receive it.
  2. We may also contact You to ask for further information regarding Your request to speed up Our response. Thanks in advance for Your patience!
11.11. Time limit
  1. We try to respond to all legitimate requests within seven Business Days.
  2. Occasionally, it could take Us longer if Your request is complex or if You have made a number of requests. In this case, We will notify You and keep You updated. But please bear with Us!

12. California Residents' Privacy Rights

12.1. CCPA rights
  1. Under the CCPA, California residents have certain rights concerning Foodporn's collection, use, processing and disclosure of their Personal Data.
  2. If You are a Californian resident, You have the right to request Us to:
    1. let You know what Personal Data about You that We have collected;
    2. give You access to Your Personal Data;
    3. delete Your Personal Data (though Foodporn may be entitled to keep and use certain Personal Data if a relevant exception applies).
  3. You can submit a data rights request by contacting Us.
  4. We will not discriminate against You for exercising Your rights under the CCPA.
  5. Foodporn does not sell Your Personal Data. If in future We decide to do so, We will not proceed with any sale without notifying You and giving You an opportunity to opt-out of that sale, as legally required.
  6. We don't offer any financial incentives in connection with Our collection, use, processing or disclosure of Your Personal Data.
  7. Foodporn collects various categories of Personal Data when You use the Foodporn Services or Foodporn Website. In the other parts of this Privacy Policy, You can find more detail about:
    1. The Data We Collect About You ;
    2. How We Collect Your Personal Data;
    3. How We Use Your Personal Data; and
    4. Disclosing Your Personal Data.
12.2. Shine Law Rights
  1. The Shine Law gives Californian residents the right to ask companies about the Personal Data they share with third parties for those third parties' direct marketing purposes.
  2. We do not disclose Your Personal Data to third parties for the purpose of directly marketing their goods or services to You unless You consent.
12.3. Further information
  1. If You have any questions regarding how We comply with Californian data privacy law, please contact Us.
  1. The Nevada Internet Privacy Law requires Website operators to allow Nevada consumers to opt out of the sale of certain information that the operator collects about them.
  2. Foodporn does not sell Your Personal Data to third parties (as defined in the Nevada Internet Privacy Law). If in future We decide to do so, We will not proceed with any sale without notifying You and giving You an opportunity to opt-out of that sale, as legally required.
  3. If You have any questions regarding how We comply with Nevada data privacy law, please contact Us.

14. Glossary

14.1. Defined terms
  1. Acquiring Third Parties means third parties:
    1. to whom We are seeking to sell, Including by share sale and asset sale, or transfer all or part of Our business (for example, during due diligence);
    2. whose business, shares or assets We may seek wholly or partially to acquire; and
    3. with whom We may seek to merge.
  2. Aggregated Data means statistical, geographic or demographic data.
  3. Anonymous Data means any information about an individual from which someone has removed any data allowing that person to be identified.
  4. Business Day means any day except Saturday, Sunday, a public holiday, Good Friday or Christmas Day.
  5. Business Representative means an individual who is an authorised representative of a Separate Legal Entity.
  6. CCPA means the California Consumer Privacy Act 2018.
  7. Children means children under 13 years of age.
  8. Contact Data means a person's billing address, delivery address, email address and telephone number.
  9. Contract Performance means processing Your Personal Data where it is necessary for Us to enter into, or perform, a contract with You .
  10. EEA means the European Economic Area.
  11. External Third Parties means:
    1. service providers who act as processors, Including by providing services in connection with the Foodporn Services, such as:
      1. data analytics;
      2. technical, IT and administration services;
      3. payment processing services; and
      4. marketing services;
    2. professional advisers who act as processors or joint controllers Including lawyers, bankers, auditors and insurers who provide legal, banking, accounting, insurance and consultancy services;
    3. authorities who act as processors or joint controllers Including taxation authorities and regulators who require reporting of Our processing activities; and
    4. fraud prevention agencies, market researchers and price comparison Websites who act as processors.
  12. Financial Data means a person's bank account and payment card details.
  13. Foodporn means:
    1. Foodporn Australia-if You are an Australian resident;
    2. Foodporn North America-if You are a United States or Canadian resident; and
    3. Foodporn UK-if You reside anywhere else in the world, Including in the EEA or Switzerland.
  14. Foodporn Australia means The Foodporn Group Pty Ltd (ACN 630 396 806).
  15. Foodporn Cookie Policy means the cookie policy that can be accessed here.
  16. Foodporn Group means Foodporn and each corporation's Related Bodies Corporate and Related Entities.
  17. Foodporn North America means Foodporn LLC, a company incorporated in New York.
  18. Foodporn Services means the services concerning the advertisement and review of food and drink establishments, and of any related products and services, provided on the Foodporn Website.
  19. Foodporn Terms means the terms of service that can be accessed here.
  20. Foodporn UK means Foodporn Limited (Company Number 11512343).
  21. Foodporn Website means:
    1. the Website that You can access on Your desktop computer or mobile or tablet device here;
    2. the IOS application entitled 'Foodporn' that You can access here; and
    3. the android application entitled 'Foodporn' that can be accessed here.
  22. ICO means the Information Commissioner's Office, the UK supervisory authority for data protection issues.
  23. Identity Data means a person's first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
  24. Including means including without limitation.
  25. Interest Protection means processing Your Personal Data where it is necessary for Us to protect Your vital interests or a third party's vital interests.
  26. Internal Third Parties means entities in the Foodporn Group who act as joint controllers or processors, Including by providing IT and administration services.
  27. Lawful Basis means the legal grounds that We may rely on to process Your Personal Data, Including Contract Performance , Interest Protection, Legal Obligation and Legitimate Interests.
  28. Legal Obligation means processing Your Personal Data where We need to do so to comply with one of Our legal obligations.
  29. Legitimate Interests means processing Your Personal Data where it is necessary for Our legitimate interests (or a third party's legitimate interests), and Your interests and fundamental rights and freedoms do not override those interests.
  30. Contact DataMarketing and Communications Data means:
    1. a person's communication preferences;
    2. a person's preferences in receiving marketing from Us and Our third parties; and
    3. information regarding a person's interests for marketing purposes.
  31. Nevada Internet Privacy Law means SB 220.
  32. Personal Data means any information about an individual from which that person can be identified.
  33. Privacy Policy means this Privacy Policy.
  34. Profile Data means:
    1. a person's username and password;
    2. a person's feedback or survey responses;
    3. information regarding the person's interests or preferences; and
    4. details regarding a person's purchase or orders.
  35. Related Body Corporate has the meaning given to it in section50 of the Corporations Act 2001 (Cth).
  36. Related Entity has the meaning given to it in section50 of the Corporations Act 2001 (Cth).
  37. Separate Legal Entity means a legal entity that has an identity that is separate from the actual user (Including a company or trust).
  38. Sensitive Data means:
    1. data that can reveal an individual's racial or ethnic origin, political opinions, religious or philosophical beliefs or trade union membership;
    2. genetic or biometric data; and
    3. data concerning a person's sex life or sexual orientation.
  39. Shine Law means California's Shine the Light Law, CA Civil Code §1798.83.
  40. Transaction Data means details of any:
    1. payments a person has made;
    2. payments made to him or her; and
    3. products or services that the person has bought from Us or third parties.
  41. Technical Data means any technology on a device that a person uses to access the Foodporn Website, Including the internet protocol address, login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform.
  42. Usage Data means information about how a person uses the Foodporn Website and the Foodporn Services.
  43. We means Foodporn.
  44. You means:
    1. any individual who accesses the Foodporn Website;
    2. any individual who uses any of the Foodporn Services; and
    3. a Separate Legal Entity on behalf of whom a Business Representative accesses the Foodporn Website, or uses any of the Foodporn Services.
14.2. Interpretation
  1. Where a word or phrase is defined, its other forms have a corresponding meaning. So, for example, We, Us and Our all refer to Foodporn.

Table1: Data Use Purpose, Type and Lawful Basis

No Purpose/Activity Data Type Lawful Basis
1. To register You as an account holder
  • Contact Data
  • Identity Data
Contract Performance
2.

To process and deliver Your order, Including:

  • managing payments (such as for fees and charges)
  • collecting and recovering money oWed to Us
  • Contact Data
  • Financial Data
  • Identity Data
  • Contact DataMarketing and Communications Data
  • Profile Data
  • Transaction Data
  • Contract Performance
  • Legitimate Interests (to manage Our business effectively; and to recover debts due to Us)
3.

To manage Our relationship with You , Including:

  • notifying You about changes to the Foodporn Terms or Privacy Policy
  • asking You to leave feedback, provide a review, or take a survey
  • Contact Data
  • Identity Data
  • Contact DataMarketing and Communications Data
  • Profile Data
  • Contract Performance
  • Legal Obligation
  • Legitimate Interests (to keep users properly informed; to keep Our records updated; to study how users use Our products and services; and to analyse and improve Our platform)
4. To enable You to take part in a prize draw or competition, or complete a survey
  • Contact Data
  • Identity Data
  • Marketing and Communications
  • Profile Data
  • Usage Data
  • Contract Performance
  • Legitimate Interests (to study how users use Our products and services; to analyse and improve Our products and services; to grow Our business; and to inform Our marketing strategy)
5.

To administer and protect Our business and the Foodporn Website, Including:

  • troubleshooting
  • data analysis
  • testing
  • system maintenance
  • support
  • fraud detection
  • reporting and hosting of data
  • Contact Data
  • Identity Data
  • Technical Data
  • Usage Data
  • Legal Obligation
  • Legitimate Interests (to run Our business effectively; to provide administration and IT services and network security; to prevent fraud; and to assist with any business reorganisation or restructuring exercise)
6.

To deliver relevant Foodporn Website content and advertisements, and to measure or understand the effectiveness of the advertising We send

  • Contact Data
  • Identity Data
  • Contact DataMarketing and Communications Data
  • Profile Data
  • Technical Data
  • Usage Data

Legitimate Interests (to study how users use Our products and services; to analyse and improve Our products and services; to grow Our business; and to inform Our marketing strategy)

7.

To use data analytics to improve any aspect of the Foodporn Website, Including:

  • products and services
  • marketing
  • customer relationships
  • user experiences
  • Contact DataMarketing and Communications Data
  • Technical Data
  • Usage Data

Legitimate Interests (to analyse and improve Our products and services; to grow Our business; and to inform Our marketing strategy)

8.

To make suggestions and recommendations to You about products or services that may interest You

  • Contact Data
  • Identity Data
  • Contact DataMarketing and Communications Data
  • Profile Data
  • Technical Data
  • Usage Data

Legitimate Interests (to analyse and improve Our products and services; to grow Our business; and to inform Our marketing strategy)

9.

To:

  • comply with legal or law enforcement processes (such as a search warrant, injunction or subpoena)
  • prevent, investigate, or identify possible wrongdoing in connection with the Foodporn Website or Foodporn Services
  • protect Our users' rights Including property rights and reputational rights
  • Contact Data
  • Financial Data
  • Identity Data
  • Contact DataMarketing and Communications Data
  • Profile Data
  • Transaction Data
  • Technical Data
  • Usage Data
  • Legal Obligation
  • Interest Protection
  • Legitimate Interests (to run Our business effectively; to prevent or detect wrongdoing, such as fraud; to uphold legal processes; and to protect individual rights)
10.

To respond to queries or resolve complaints

  • Contact Data
  • Identity Data
  • Contact DataMarketing and Communications Data
  • Transaction Data
  • Technical Data
  • Contract Performance
  • Interest Protection
  • Legitimate Interests (to run Our business effectively; to provide a timely and effective resolution to any complaints; and to minimise the number of user issues and complaints)
11.

To strengthen relationships with current users and allow them to make the most out of the Foodporn Services

  • Profile Data
  • Usage Data
  • Aggregated Data

Legitimate Interests (to study how users use Our products and services; to analyse and improve Our products and services; to grow Our business; and to inform Our marketing strategy)

12.

To allow third party service providers to provide services in connection with the Foodporn Services

  • Contact Data
  • Financial Data
  • Identity Data
  • Contact DataMarketing and Communications Data
  • Profile Data
  • Transaction Data
  • Technical Data
  • Usage Data
  • Contract Performance
  • Legitimate Interests (to study how users use Our products and services; to analyse and improve Our products and services; to grow Our business; to inform Our marketing strategy; to improve the user experience; to prevent or detect wrongdoing; and to assist with compliance)