Borough Markets Privacy Policy

1  Introduction

1.1   We at Borough Markets (Borough Markets ABN 60 641 411 047 and our affiliates) are committed to protecting your privacy. This Privacy Policy applies to any website, platform, service or application owned and controlled by Borough Markets (Borough Markets Platform).

1.2 By using the Borough Markets Platform, you consent to the data practices described in this Privacy Policy. If you do not agree with the data practices described in this Privacy Policy, you should not use any part of the Borough Markets Platform.

1.3   We may update this Privacy Policy from time to time by posting a new version online. You should check this page occasionally to review any changes. If we make any material changes we will notify you by posting the revised Privacy Policy on our Platform and email notification if you are subscribed to any email notifications with Borough Markets. This helps you to always be aware of what information we collect, how we use it and under what circumstances, if any, it is disclosed. Your continued use of the any aspect of the Borough Markets Platform, and/or continued provision of Personal Information to us will be subject to the terms of the then-current Privacy Policy.

1.4   If you have any questions about this Privacy Policy or our treatment of the information you provide us, please write to us by email at info@boroughmarkets.com.au

2  Use of Borough Markets Platform

2.1 The Borough Markets Platform

The Borough Markets Platform allows any company that uses it (our customers and Borough Markets itself) to create, manage and monitor digital marketing advertisement campaigns (Campaign). Viewers or visitors of the Campaigns can learn more about the relevant company, download content, and provide their contact information and other demographic information. This information, which is stored and managed on our service providers’ servers, is then used so that the visitors can be contacted about their interest in the company’s goods or services and interact with the company. Borough Markets provides the Borough Markets Platform to our customers for their own marketing and lead generation.

2.2 Use by Borough Markets

We use our own Borough Markets Platform to monitor and create our own Campaigns that people can visit to learn more about Borough Markets. Information that we collect and manage using the Borough Markets Platform for our own marketing belongs to us and is used, disclosed and protected according to this Privacy Policy.

2.3 Use by Our Customers

Our customers use the Borough Markets Platform to create and monitor Campaigns, or we may use the Borough Markets Platform as agents on our customers’ behalf. In relation to any content, data or Personal Information in connection with our customers’ Campaigns (Customer Campaign Data), Borough Markets only ever acts as the agent of the

Customer. Borough Markets does not control the content of these Campaigns or the types of Customer Campaign Data that our customers may choose to collect or manage using the Borough Markets Platform. That information belongs to our customers and is used, disclosed and protected by them according to their privacy policies (and not subject to this Privacy Policy). Borough Markets processes Customer Campaign Data as our Customers direct and in accordance with our agreements with our customers, and we store it on our service providers’ servers, but we do not have control over its collection or management. Our agreements with our customers prohibit us from using Customer Campaign Data, except as necessary to provide and improve the Borough Markets Platform, as permitted by this Privacy Policy, and as required by law. We have no direct relationship with individuals who provide Personal Information to our customers to make up the Customer Campaign Data. Borough Markets acknowledges that you have the right to access your Personal Information. In relation to Customer Campaign Data, our customers control and are responsible for correcting, deleting or updating information they have collected from you (being the customer of our customers) using the Borough Markets Platform. However, Borough Markets will assist in this process as the agent of our customers only. If requested to remove data, we will respond within a reasonable timeframe. We may work with our customers to help them provide notice to their visitors about their data collection, processing and usage. Our agreements with our customers prohibit them from using the Borough Markets Platform to collect, manage, or process Sensitive Information. We are not responsible for our customers’ use of information they collect on the Borough Markets Platform.

If you are a customer of one of our customers and would no longer like to be contacted by one of our customers that use our Borough Markets Platform, please contact the customer that you interact with directly. If you are unable to do so or if you are not receiving a response, please contact Borough Markets at info@boroughmarkets.com.au and we will attempt to resolve the issue. We may transfer Personal Information to companies that help us provide our service. Transfers to subsequent third parties are covered by the service agreements with our customers.

To the extent any Customer Campaign Data is deemed to be under our control under the applicable laws, it will be subject to this privacy policy below.

3  Information We Collect

3.1  What information do we collect?

We may collect the following types of “Personal Information”:

  • name;
  • mailing or street address;
  • email address;
  • telephone number and other contact details;
  • age or date of birth;
  • certain technical data that we automatically collect from the computer, mobile device and/or browser through which you access the Platform your device ID, device type, geo-location information, statistics on page views,
  • IP address and your interests and behavioural information that helps us in identifying you;
  • information about you that is available on the internet, such as from Facebook, LinkedIn, Twitter and Google, or publicly available information that we acquire from service providers that may be used to identify you;
  • information about any transactions, both free and paid, that you enter into on the Borough Markets Platform that, standalone or in combination with any other information, may enable us to identify you;
  • personally identifiable information you provide to us through customer surveys; or
  • any other personal information that may be required in order to facilitate your dealings with us.

We may collect these types of personal information either directly from you, or from third parties. We may collect this information when you:

  • register on the Borough Markets Platform;
  • communicate with us through correspondence, chats, email, or when you share information with us from other social applications, services or websites;
  • interact with our sites, services, content and advertising; or
  • invest in our business or enquire as to a potential purchase in our business.

This Privacy Policy does not apply to acts and practices in relation to employee records of our current and former employees, which are exempt from the Privacy Act.

3.1 Non-personal Information:

When you interact with the Borough Markets Platform, we may also collect other information which may not relate to you and/or cannot be used to identify you (Non-Personal Information). The limitations and requirements in this Privacy Policy on our collection, use, disclosure, transfer and storage/retention of Personal Information do not apply to Non-personal Information. When you visit the Borough Markets Platform or otherwise submit Personal Information to us, we may associate other Non-personal Information (including Non-personal Information we collect from third parties) with your Personal Information. At such instance, we will treat any such combined data as your Personal Information until such time as it can no longer be associated with you or used to identify you.

3.2  “Navigational Information”

This refers to information about your computer and your visits to this website such as your IP address, geographical location, browser type, referral source, length of visit and pages viewed. Please see the “Navigation Information” section below.

3.3  “Sensitive Information”

This refers to credit or debit card numbers, personal financial account information, Social Security numbers, passport numbers, driver’s license numbers or similar

personal identifiers, racial or ethnic origin, physical or mental health condition or information, or other employment, financial or health information.

3.4  Payment Information

We collect and process payment information from you when you subscribe any paying parts of the Borough Markets Platform, including credit cards numbers and billing information, using third party PCI-compliant service providers. Except for this, we do not collect Sensitive Information from you.

3.5  Information About Children

The Borough Markets Platform is not intended for or targeted at children under 13, and we do not knowingly or intentionally collect information about children under 13. If you believe that we have collected information about a child under 13, please contact us at info@boroughmarkets.com.au, so that we may delete the information.

4  How We Use Information We Collect

4.1  Compliance with Our Privacy Policy and Data Protection Laws

We use the information we collect only in compliance with this Privacy Policy and the data protection laws that are or may become applicable to us including the (Australian) Privacy Act 1998 (Cth) (Privacy Act), (collectively referred to as Data Laws). Customers who subscribe to our Borough Markets Platform are obligated through our agreements with them to comply with this Privacy Policy.

4.2  We Never Sell Personal Information

We will never sell your Personal Information to any third party.

4.3  Use of Personal Information

In addition to the uses identified elsewhere in this Privacy Policy, we may use your

Personal Information to:

  • improve your browsing experience by personalizing the Websites and to improve the Borough Markets Platform;
  • send information to you which we think may be of interest to you by post, email, or other means;
  • send you marketing communications relating to our business or the businesses of carefully-selected third parties which we think may be of interest to you, and
  • provide other companies with statistical information about our users — but this information will not be used to identify any individual user.

We may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, we do not transfer your unique Personal Information to the third party. In addition, we may share data with trusted partners to contact you based on your request to receive such communications, help us perform statistical analysis, or provide customer

support. Such third parties are prohibited from using your Personal Information except for these purposes, and they are required to maintain the confidentiality of your information. If you do not want us to share your Personal Information with these companies, contact us at info@boroughmarkets.com.au.

We use the information collected through the Borough Markets Platform by our customers for the following purposes:

  • to provide the Borough Markets Platform (which may include the detection, prevention and resolution of security and technical issues);
  • to respond to customer support requests; and
  • otherwise to fulfill the obligations under the Borough Markets Master Services Agreement.

4.4  Use of Navigational Information

We use Navigational Information to operate and improve the Borough Markets Platform. We may also use Navigational Information alone or in combination with Personal Information to provide you with personalized information about Borough Markets.

4.5 Customer Testimonials and Comments

We post customer testimonials and comments on the Borough Markets Platform, which may contain Personal Information. We obtain each customer’s consent via email prior to posting the customer’s name and testimonial.

4.6 Use of Credit Card Information

If you give us credit card information, we use it solely to check your financial qualifications and collect payment from you. We use a third-party service provider to manage credit card processing. This service provider is not permitted to store, retain, or use information you provide except for the sole purpose of credit card processing on our behalf.

4.7  Service Providers

We employ other companies and people to provide services to visitors to the Borough Markets Platform, our customers, and users of the Borough Markets Platform and may need to share your information with them to provide information, products or services to you. Examples may include removing repetitive information from prospect lists, analyzing data, providing marketing assistance, processing credit card payments, supplementing the information you provide us in order to provide you with better service, and providing customer service. In all cases where we share your information with such agents, we explicitly require the agent to acknowledge and adhere to our privacy and customer data handling policies.

4.8  Security of your Personal Information

We use a variety of security technologies and procedures to help protect your Personal Information from unauthorized access, use or disclosure. We secure the Personal Information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. When sensitive Personal Information (such as a credit card number and/or geo-location data) is collected on the Borough Markets Platform and/or transmitted to other websites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol and hashing.

If you have any questions about the security of your Personal Information, please contact us at info@boroughmarkets.com.au.

4.9 Social Media Features

The Borough Markets Platform interacts with various third-party websites and services, such as social media. Certain features may collect your IP address, which page you are visiting on our sites, and may set a cookie, or utilise an email address identifier or user ID, to enable the feature to function properly. These features are either hosted by a third party or hosted directly on the Borough Markets Platform. This Privacy Policy does not apply to these features. Your interactions with these features are governed by the privacy policy and other policies of the companies providing them.

4.10  External Websites

The Borough Markets Platform provides links to other websites. We do not control, and are not responsible for, the content or practices of these other websites. Our provision of such links does not constitute our endorsement of these other websites, their content, their owners, or their practices. This Privacy Policy does not apply to these other websites, which are subject to any privacy and other policies they may have.

4.11 Retention of Personal Information

We retain Personal Information that you provide us as long as we consider it potentially useful in contacting you about the Borough Markets Platform or our other services, or as needed to comply with our legal obligations, resolve disputes and enforce our agreements, and then we securely delete the information. We will delete this information from the servers at an earlier date if you so request, as described in “Opting Out and Unsubscribing” below. If you provide information to our customers as part of their use of the Borough Markets Platform, our customers decide how long to retain the personal information they collect from you. After termination, we may, unless legally prohibited, delete all customer information, including your Personal Information, from the Borough Markets Platform.

4.12  International Transfer of Information

To facilitate our global operations, we may transfer and access Personal Information from around the world. This Privacy Policy shall apply even if we transfer Personal Information to other countries.

4.13  Corporate Events

If we (or our assets) are acquired by another company, whether by merger, acquisition, bankruptcy or otherwise, that company would receive all information gathered by Borough Markets on the Borough Markets Platform. In this event, you will be notified via email and/or a prominent notice on our website, of any change in ownership, uses of your Personal Information, and choices you may have regarding your Personal Information.

4.14  Compelled Disclosure

We reserve the right to use or disclose your Personal Information if required by law or if we reasonably believe that use or disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or comply with a law, court order, or legal process.

4.15   Use of Personal Information for Direct Marketing

We may send you direct marketing communications and information about the services offered on the Borough Markets Platform. This may take the form of emails, SMS, mail or other forms of communication, in accordance with the Spam Act 2003 (Cth) (Spam Act), Privacy Act and other Data Laws. You may opt-out of receiving marketing materials from us by contacting us.

5    Navigational Information

5.1    Cookies

Borough Markets and its partners use cookies or similar technologies to analyze trends, administer the website, track users’ movements around the website, and to gather demographic information about our user base as a whole.

We use “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web server. Cookies are not used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a Web server in the domain that issued the cookie to you. One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize pages on the Borough Markets Platform, a cookie helps us to recall your specific information on subsequent visits. When you return to the same page of the Borough Markets Platform, the information you previously provided can be retrieved, so you can easily use the customized features.

We may also use cookies to enable us to collect data that may include Personal Information. For example, where a cookie is linked to your account, it will be considered personal information under the Privacy Act. We will handle any Personal Information collected by cookies in the same way that we handle all other Personal Information as described in this Privacy Policy.

You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Borough Markets Platform you visit. Borough Markets keeps track of the Borough Markets Platform pages you visit within the Borough Markets Platform, in order to determine what portion of the Borough Markets Platform is the most popular or most used. This data is used to deliver customized content and promotions within the Borough Markets Platform to customers whose behaviour indicates that they are interested in a particular subject area.

5.2   Log Files

We may collect demographic information, such as your ZIP code, age, gender, preferences, interests and favourites using log files that are not associated with your name or other personal information. There is also information about your computer hardware and software that is automatically collected by us. This information can include: your IP address, browser type, domain names, internet service provider (ISP), the files viewed on our site (e.g., HTML pages, graphics, etc.), operating system, clickstream data, access times and referring website addresses. This information is used by Borough Markets for the operation of the Borough Markets Platform, to maintain quality of the Borough Markets Platform, and to provide general statistics regarding use of the Borough Markets Platform. For these purposes, we do link this automatically-collected data to Personal Information such as name, email address, address, and phone number.

5.3   Navigational Information Collected by Our Customers

Our customers can use the tools we provide, as well as tools provided by third parties, to collect Navigational Information when you visit their webpages on the Borough Markets Platform. Borough Markets does not control our customers’ use of these tools, nor do we control the information they collect or how they use it.

6   Data breaches

Borough Markets will notify you without undue delay and as soon as possible after becoming aware of a personal information data breach. Such a notice will include:

  • the description of the nature of the personal data breach, including, where possible, the categories and approximate number of data subjects concerned and the categories and approximate number of personal data records concerned;
  • the name and contact details of the data protection officer or another contact person/s and/or point where more information can be obtained;
  • description of the likely consequences of the personal data breach;
  • description of the measures taken or proposed to be taken by us to address the personal data breach, including, where appropriate, measures to mitigate its possible adverse effects; and
  • any other relevant information.

In the event and to the extent that it is not possible for Borough Markets to provide all the required and relevant information at the same time, the information may be provided in phases without undue further delay and as soon as possible.

Borough Markets will document any personal information data breaches, including the facts and circumstances relating to the personal data breach, its effects and the remedial action taken. Borough Markets will provide any documentation and/or records referred to above at the time of, or as soon as possible after, notifying you of any such personal data breach.

7    Opting Out and Unsubscribing

7.1  Your choices

You have the right to request a copy of your information, to object to our use of your information (including for marketing purposes), to request the deletion or restriction of your information, or to request your information in a structured, electronic format. Below, we describe the tools and processes for making these requests. You can exercise some of the choices by logging into the services and using settings available within the services or your account. Where your information is being held by our customers (or by us on behalf of our customers), you will need to contact out the relevant customer. For all other requests, you may contact us at info@boroughmarkets.com.au.

Your request and choices may be limited in certain cases: for example, if fulfilling your request would reveal information about another person, or if you ask to delete information which we are permitted by Data Laws or have compelling legitimate interests to keep. Where you have asked us to share data with third parties, you will need to contact those third-party service providers directly to have your information deleted or otherwise restricted. If you have unresolved concerns, you may have the right to complain to a data protection authority in the country where you live, where you work or where you feel your rights were infringed.

7.2   Reviewing, Correcting and Removing Your Personal Information

Upon request, Borough Markets will provide you with information about whether we hold any of your Personal Information. If you provide us with your Personal Information, you have the following rights with respect to that information:

  • To review the user information that you have supplied to us;
  • To request that we correct any errors, outdated information, or omissions in user information that you have supplied to us;
  • To request that your user information not be used to contact you;
  • To request that your user information be removed from any solicitation list that we use;
  • To request that your user information be deleted from our records;
  • To opt out of being solicited by Borough Markets or third parties;
  • To request to obtain some of your information in a format you can move from one service provider to another (for instance, when you transfer your mobile phone number to another carrier). Depending on the context, this applies to some of your information, but not to all of your information.

To exercise any of these rights, please contact us. We will respond to your request to change, correct, or delete your information within a reasonable timeframe and notify you of the action we have taken.

If you think we have breached the Data Laws or any other relevant law, or you wish to make a complaint about the way we have handled your Personal Information, you can contact us. Please include your name, email address and/or telephone

number and clearly describe your complaint. We will acknowledge your complaint and respond to your complaint within a reasonable period of time. If you think that we have failed to resolve the complaint satisfactorily, we will provide you with information about the further steps you can take.

7.3   To Unsubscribe From Our Communications

You may unsubscribe from our marketing communications by clicking on the “unsubscribe” link located on the bottom of our e-mails, or by sending us email us at info@boroughmarkets.com.au. Customers cannot opt out of receiving transactional emails related to their account with us or the Borough Markets Platform.

7.4   To Unsubscribe from Our Customers’ Communications

Our customers are solely responsible for their own marketing emails and other communications; we cannot unsubscribe you from their communications. You can unsubscribe from our customers’ marketing communications by clicking on the “unsubscribe” link located on the bottom of their emails, or by contacting them directly. Borough Markets will provide whatever assistance necessary for this process.