Duck Privacy Policy

 

Effective Date: 28 April 2021

 

Before you use the Duck mobile web app and associated tools and services (“Duck”), you should read and understand the entire portions of this privacy policy (this “Privacy Policy”). This Privacy Policy describes our privacy practices when you use Duck – either as a Venue or an End-user (each a “user”). It describes our personal information collection practices, including the reasons for collection, how it’s disclosed, your rights and other privacy-related details. 

 

Get Duck Pty Ltd (ABN 55 649 187 511), with address at 518/801 Dandenong Road, Malvern East, VIC, 3145 (“Get Duck Pty Ltd”), provides Duck and this Privacy Policy. You may contact us at [email protected] for any issues, questions, feedback or suggestion about this Privacy Policy. Alternatively, you can use the “Contact Us” button. 

 

By submitting personal information to us, clicking the “I agree” button or box or generally using Duck, you consent to the privacy practices described in this Privacy Policy. If you do not consent to this Privacy Policy, we are sorry, but the only option is to stop using Duck. 


  • Definition of major terms

The following meanings shall apply to the applicable terms under this Privacy Policy:

Venue” refers to any user who set up a shop at a sporting venue and serves customers through Duck.

End-user” refers to any user who uses Duck to order food and other items from the Venues. 

Personal information”, as defined under the Privacy Act of 1988 cth, is any information or an opinion about an identified individual, or an individual who is reasonably identifiable. 

anonymised information” is any information that is without personal information which can identify you. This helps you stay anonymous. This may include situations where we gather analytics and usage information about users without identifying each user. 


  • Information collection  

Depending on your use of Duck, we may collect personal information such as your name, phone number, email address, name and service of Venue, and payment method information. We may collect this information when users willingly provide it upon request, including when (i) users generally contact us for enquiries, (ii) a Venue registers an account or an End-user submits an order, (iii) an End-user submits their credit card information for order payment, (iv) a Venue provides their venue information during registration or as during profile setup, and (v) an End-user places an order. Users are not obligated to share this information with us; however, we may not be able to provide our services without this information.

 

Likewise, we will automatically collect certain information, including anonymised or non-personal information, upon users’ accesses or use of Duck. The information collected automatically may include (i) usage, analytics and log information about how users navigate around Duck, the duration of stay and the features they click, and (ii) transaction information between Venues and End-users, which contains the details of the order placed, including the amount and time of order. 

 

Most of the information we collect automatically above is collected through Google Analytics, a third-party tracking tool provided by Google Inc. However, you may opt out of Google Analytics from tracking your behaviour on Duck if you do not want to be tracked. You may download the Google Analytics opt-out add-on to your browser. Please, be aware that when you opt out of Google Analytics, some of the functions it provides may be unavailable. 


  • Reasons for the information collection

We collect the above information majorly to provide our services. More detailed reasons for collecting this information include:

  • To identify users and provide the services applicable to their use of Duck;
  • To facilitate transaction and communication between Venues and End-users, including to take an End-user’s order and relay it to the applicable Venue;
  • To process End-users’ order payments for the items purchased;
  • To respond to users’ questions and queries, provide customer support, send notices about orders, and inform users of changes to our services or any features of Duck;
  • To determine the effectiveness of the features available on Duck and provide improvements and upgrades where necessary;
  • To keep records of transactions and comply with applicable laws;
  • To monitor user violations and enforce our End-user Terms of Services and Venue Service Agreement; and
  • To fulfil any other purposes disclosed at the time of collection.


  • Information sharing and disclosure

We do not directly share or disclose information about you unless as described under this Privacy Policy. We do not engage in the sale of personal information to third parties for them to market to you. However, personal information about you may be accessed under the below situations:

 

  • Disclosure to third-party service providers: Certain of our third-party service providers may access the personal information we share with them when they perform certain tasks on our behalf (including payment processing, email and SMS sending, data storage and web hosting). For example, when Stripe Inc. processes your payment on our behalf, they require access to your credit card information to process such payments. Please, note, however, that the third-party service providers we hire are under obligation to only use personal information for the service they perform on our behalf. 
  • Disclosure between users: A user may have access to another user’s information in certain circumstances, including when an End-user scans the QR code of a Venue or when a Venue is required to notify an End-user of their order. In this case, the information you provide will be the only personal information revealed about you. If you are an End-user, please note that a Venue may send you marketing SMS about their services or products (see section 5 for more).
  • Disclosure to law enforcement: Law enforcement or relevant government agencies may request access to your information in response to an ongoing investigation relating to any criminal or fraudulent activity. In such a case, we will comply and grant the request – as long as it is legal. We may also disclose information to third parties if we, in our discretion, believes such disclosure will protect any of our rights or properties or the rights and properties of other users, or where we believe such disclosure will prevent activities that we consider to pose a risk or is fraudulent, illegal, unethical or legally actionable. 
  • Disclosure under a business transfer activity: Other companies, in the event of a business transfer activity (including a merger, sale of assets, acquisition, or consolidation), may have access to personal information about you. For example, if we engage in a merger with another company, we may be required to share proprietary information with such a company. 
  • Disclosure to individuals within Get Duck Pty Ltd: We use employees to provide some of the services, and they may have access to your information. For example, where we employ an individual as a customer support agent. 
  • Disclosure to other companies during a survey, promotion or sweepstakes: We may offer promotions, surveys, sweepstakes or contests which may require you to submit registration information. Some of these activities may be sponsored by other companies, which gives them access to any registration information you submit with respect to such promotions, surveys, sweepstakes or contests.


  • Marketing 

If you use Duck as a Venue, we may send marketing emails to you in the form of newsletters. Marketing emails may contain information about products and services we think may interest you. We will keep sending you these marketing emails unless you unsubscribe from our mailing list. You have the right op-out of future marketing emails by using the “unsubscribe” button at the bottom of any marketing email from us.

 

If you use Duck as an End-user, the Venues registered on our services may send you marketing SMS to your phone number (after interacting with such Venues). You have the right to unsubscribe from receiving marketing messages from any Venue by replying with “STOP”. 


  • Information security

Your privacy is of high importance to us. Get Duck Pty Ltd takes commercially reasonable measures to protect your information from unauthorised access or use. We do not share personal information about you unless as described under this Privacy Policy. We make use of Amazon Web Service (AWS) – an industry-leading cloud service – to store, manage and secure personal information. And where we collect any credit card information from you, it will be processed by Stripe Inc. Only Stripe Inc. will have access to the credit card information you submit to us, and such information will only be used to process your payments or payouts. 

 

Although we give priority to your privacy, we cannot guarantee that your information will, at all time, be private (due to the nature of the internet). We do not guarantee that your information will be 100% secure at all times. 


Transfers of information outside of Australia

We process personal data about you within Australia and in accordance with this Privacy Policy and applicable laws. Likewise, we may transfer personal information to affiliates and third-party service providers in other locations outside of Australia. However, where we transfer personal information outside of Australia, the applicable third parties will be made to honour the obligations under this Privacy Policy. 


  • Third-party services and contents

Certain portions of Duck may contain website and social media links and content that belongs to third parties, including Venues. This Privacy Policy does not apply to the privacy practices of any third-party services and contents you access through such portions of Duck. You should review the privacy policies of any third-party services and contents you access through Duck before doing so. Get Duck Pty Ltd is not responsible for any loss incurred as a result of any third-party services and content you access through Duck. 


  • The rights you have

In relation to the information we collect and hold about you, the following rights apply to you:


  • Accessing and deleting your information: Users generally have the right to access and correct the personal information previously submitted to us. Likewise, users have the right to request the deletion of their information. These rights may be exercised by sending a direct email to Get Duck Pty Ltd to [email protected]. However, certain circumstances may prevent us from granting access to correct or delete personal information about you (for example, where we are required to keep records of transactions or where you have a pending claim with us or any law enforcement). 
  • Reporting us: If you believe that we are not processing or handling personal information about you as documented in this Privacy Policy, you may reach out to us via [email protected] to make a complaint. If we fail to address your claim within 30 days, you may report us to the Office of the Australian Information Commissioner (OAIC).


  • Changes to this Privacy Policy

We reserve the right to review and change portions of this Privacy Policy at any time without liability. We may review and change this Privacy Policy for certain obvious reasons, such as changes to our services or applicable privacy laws. We will notify Venues of changes to this Privacy Policy via their email address. On the other hand, End-users will be able to view changes to this Privacy Policy via Duck’s interface. Upon posting the updated version, the changes will become effective. Your continued use of Duck after posting the updated version will be construed as an acceptance of the changes. 


  • Contacting us

If you have any issues, questions, complaints, feedback or suggestions regarding this Privacy Policy or our service process, please reach out to us via the “Contact Us” section of Duck or directly reaching out to us via our email address at [email protected]