Privacy Policy

Dyna App Privacy Policy

1. Introduction

(a) The Dyna mobile application (the Dyna App) is created, operated and controlled by Dyna Social Pty Ltd (ACN 677 000 823) (we, us or our).

(b) We are committed to ensuring your Personal Information is protected. We manage your Personal Information in accordance with the Australian Privacy Principles set out in the Privacy Act 1988 (Cth) (Privacy Act).

(c) The Dyna App is a mobile application which allows Customers to view, publish, submit or post suggestions, recommendations, comments or reviews about Venues and allows Venue Operators to advertise or promote their Venue and Menu Items to Customers (the Services). By accessing and using the Dyna App and the Services, you agree to this Privacy Policy.

(d) This Privacy Policy outlines how we collect, store, use and disclose your Personal Information, and how you may access your Personal Information kept by us or how you may make a privacy complaint.

(e) For the purposes of this Privacy Policy:

(i) Customer an individual, other than Venue Operator, who downloads, accesses and uses the Dyna App;

(ii) Venue means the bar, tavern, restaurant, café or other hospitality venue (such as bakers, butchers, greengrocers and food trucks), who downloads, accesses and uses the Dyna App; and

(iii) Venue Operator means the owner or operator of the Venue.

2. The information we collect about you

2.1. Personal information

(a) Personal information has the same meaning that it has under Privacy Act, namely, information means information or an opinion about an identified individual or an individual who is reasonably identifiable, whether the information or opinion is true or not and recorded in a material form or not.

(b) We collect and use Personal Information and Non-Personal Information from Customers and Venue Operators who access and use the Dyna app.

(c) We will only collect and hold Personal Information about Customers and Venue Operators that is reasonably necessary to undertake our business activities and functions, to make the Dyna App and the Services available Customers and Venue Operators, or as otherwise permitted by law.

2.2. Customers

We collect and hold Personal Information about Customers as well as information or data that does not contain Personal Information. For example, the type of Personal Information and Non-Personal Information that we collect about Customers includes:

(a) registration details and profile information (for example, full name and email address);

(b) account credentials (such as your username and password);

(c) information about Venues you are interested in or have enquired about or information about your dining experience at a Venue (including your dining reviews, suggestions or recommendations);

(d) information relating to your dealings, or enquiries you have made, with us, including information about the Dyna App and the Services, any of our ancillary products and services or complaints you have raised with us or about a Venue Operator;

(e) any other information that Dyna may require to verify your identity, or the accuracy of any reviews, suggestions or recommendations displayed or listed by you on, or via the Dyna App; and

(f) other information that you provide to us or that we may collect in the course of our relationship with you.

2.3. Venue Operator

We collect and hold Personal Information as well as information or data that does not contain Personal Information about Venue Operators that access and use the Dyna App. For example, the type of Personal Information and Non-Personal Information that we collect about Venue Operators includes:

(a) registration details and profile information (for example, full name and email address);

(b) account credentials (such as your username and password);

(c) information about the Venue Operator’s business name, business logo or banner, profile picture, Australia Business Number (‘ABN’), main business and contact details (including email address, location and website address or booking page address;

(d) information about the type or theme of the Venue, trading hours of the Venue, Menu Items, any special promotions and discounts on Menu Items, photographs of the Venue and other information about the Venue;

(e) any other information that Dyna may require to verify your identity, or the accuracy of any content or information displayed or listed by you on, or via the Dyna App;

(f) information relating to your dealings, or enquiries you have made, with us, including information about the Dyna App and the Services, any of our ancillary products and services or complaints you have raised with us or about a Customer; and

(g) other information that you provide to us or that we may collect in the course of our relationship with you.

2.4. Other information

(a) We may also collect some information that is not Personal Information because it does not identify you or anyone else. For example, we may collect anonymous answers to surveys or aggregated information about the Dyna App.

(b) Information regarding your access and use of the Dyna App and the Services, including location information, unique device identifier, device characteristics, operating system, language preferences, information on actions taken on the Dyna App, dates and times of visits to the Dyna App and other usage statistics;

(c) If you are a candidate seeking employment with us, we will use your Personal Information to process your application and assess your suitability for any role. We may retain your information for future reference.

2.5. Sensitive Information

(a) We do not collect your Sensitive Information (as defined by the Privacy Act). However, some of our services are automated and we may not recognise that you have accidentally provided us with Sensitive Information.

(b) If you have accidentally sent us Sensitive Information, please contact us using the contact details set out in section 11 below.

3. How we collect Personal Information

3.1. Direct collection from you

(a) We will collect Personal Information and Non-Personal Information about you in several different ways. We may collect Personal Information and Non-Personal Information directly from you or in the course of our dealings with you. For example:

(i) in the case of Customers, when you:

(A) access and use the Dyna App and the Services (including when you open an account or create or update your account on, or, via, the Dyna App);

(B) view, share, post or publish dining suggestions, reviews, comments or recommendations about Venue or Venue Operator, or

(ii) in the case of Venue Operators, when you:

(A) access and use the Dyna App and the Services (including when you open an account or create or update your account on, or, via, the Dyna App); and

(B) display, advertise and promote your Venue and Menu Items on, or, via, the Dyna App; and

(iii) when you visit the Dyna App or submit information or a query through the Dyna App (including on, or via, our related social media accounts), contact us, or complete any online forms or documents or when you enter or participate in competitions, promotions, events, sweepstakes, surveys and questionnaires; and

(iv) when you otherwise contact, interact or communicate with us (such as by telephone, email or in person) with a query or request or make a comment on our social media sites or lodge a complaint about a Customer, Venue Operator, the Dyna App or any other ancillary products or services made available to you through the Dyna App and the Services; and

(v) when otherwise legally authorised or required to do so.

(b) When we collect Personal Information directly from you, we will take reasonable steps to notify you (using a collection notice) at, before, or as soon as practicable after, the time of collection.

(c) By providing your Personal Information to us, you acknowledge that you are authorised to provide such information to us.

3.2. Collection from third parties

(a) We may also collect Personal Information and Non-Personal Information about you from publicly available sources and third parties, including:

(i) when you provide your Personal Information to our Authorised Affiliates or other third parties;

(ii) in the case of Customers, from Venue Operators;

(iii) in the case of Venue Operators, from Customers;

(iv) if you use:

(A) our social media sites or applications, pages or plugins; or

(B) third party products or services that interact with the Dyna App, our Services or third party payment processors.

(b) When we collect your Personal Information from third parties, we shall take reasonable steps to make sure you are aware of the collection.

(c) If you provide us with Personal Information about another individual (as their authorised representative), we rely on you to:

(i) inform them that you are providing their Personal Information to us; and

(ii) advise them that they can contact us for further information.

(d) You must take reasonable steps to ensure the individual is aware of, and consents to, the matters outlined in this Privacy Policy, including that their Personal Information is being collected, the purposes for which that information is being collected, the intended recipients of that information, the individual's right to access that information, and who we are and how to contact us.

(e) Upon our request, you must also assist us with any requests by the individual to access or update the Personal Information you have collected from them and provided to us.

3.3. Third party payment processor

We use a third-party payment processor to process payments made to us. In

connection with the processing of such payments, we do not collect, process, use, share,

store or disclose any Personal Information or payment information (such as credit card and bank account details). Rather, all such information is provided directly to our third party processor, Stripe, whose use of your Personal Information is governed by their privacy policy, which may be viewed at www.stripe.com/au/privacy.

4. How we use your Personal Information.

4.1. Purposes of use and disclosure

(a) We only use, process and disclose your Personal Information for the purposes for which it is collected.

(b) In particular, we use, process and disclose your Personal Information and Non-Personal Information to:

(i) provide or deliver the Dyna App, the Services and our ancillary products and services to you, including, without limitation, to provide the means through which Venue Operators can promote or adverse their Venue, and Customers publish or post dining reviews, suggestions or recommendations about the Venue they visited;

(ii) informing you about the Dyna App, the Services and our ancillary products and services or about offers, competitions, promotions, events, sweepstakes, surveys, questionnaires about us, the Dyna App, the Services or other matters which we believe are of interest to you (such as recruitment or job opportunities);

(iii) manage, administer, improve, test, develop and upgrade the Dyna App, the Services and our ancillary products and services, informing you about scheduled maintenance or outages and managing our relationship with you or to otherwise investigate complaints about the Dyna App, the Services, Venue Operators, Customers or reviews, recommendations or suggestions published or posted by a Customer about a Venue;

(iv) share with our Authorised Affiliates;

(v) charge and bill Venue Operators to access and use the Dyna App and the Services;

(vi) verifying your identity;

(vii) for internal record keeping;

(viii) for direct marketing purposes (see below);

(ix) complying with our legal and regulatory obligations;

(x) for any purpose to which you have consented; and

(xi) for any other purpose notified to you at the time of collection.

(c) In the event of a merger, acquisition or sale of the whole or part of our business or assets, we reserve the right to transfer your Personal Information as part of the transaction, without your consent or notice to you.

4.2. Disclosure to Authorised Affiliates

(a) In order to provide or deliver the Dyna App, the Services and our ancillary products and services to you, we may disclose your Personal Information and Non-Personal Information to:

(i) our related body corporates, business partners, service providers, third party contractors, agents or suppliers;

(ii) authorised external service providers who perform functions on our behalf, such as internet and technology services providers, app and website software developers (e.g Appetiser), hosting and data storage companies, accounting and bookkeeping service providers, marketing, advertising and security service providers, third party payment processors (e.g Stripe), fulfilment companies, credit reporting agents, debt collection agents, market research and recruitment service providers; and

(iii) external business advisors, such as auditors, lawyers, insurers and financiers,

(collectively, Authorised Affiliates).

(b) We may also disclose your Personal Information and Non-Personal Information:

(i) to any other party with your consent and direction;

(ii) to law enforcement bodies or regulatory authorities to assist with their functions, or as otherwise required or authorised by law; or

(iii) where we consider it necessary to comply with any applicable law, regulation, legal process, governmental request or industry code or standard.

(c) When we disclose your Personal Information or Non-Personal Information to any of our Authorised Affiliates, we will ensure that they undertake to protect your privacy. These Authorised Affiliates are not permitted to use the information for any purpose other than the purpose for which they have been given access.

(d) Our Authorised Affiliates may also provide us with Personal Information and Non-Personal Information collected from you. If you disclose Personal Information to Authorised Affiliates, we rely on you to provide the Authorised Affiliates with consent for us to collect, storage, use, process, alter and disclose your Personal Information.

4.3. Overseas disclosure

(a) In the course of providing you with access to, and use of, Dyna App, the Services and our ancillary products and services it may become necessary or desirable to disclose Personal Information to Authorised Affiliates located overseas. The countries in which these overseas recipients may be located will depend upon the individual circumstances. However, in the course of our ordinary business operations we commonly disclose Personal Information to:

(i) to app and website developers based in Australia, the Philippines and Malaysia; and

(ii) our third party payment processors located in the United States and elsewhere in the world.

(b) The laws where these overseas recipients may be located provide various levels of protection for Personal Information which are not always equivalent to the level of protection that may be provided for in Australia. Where we transfer your Personal Information overseas, we will take reasonable steps to ensure that your Personal Information is treated securely and the means of transfer provides adequate safeguards.

(c) If you have any questions in relation to the transfer of your Personal Information, please contact us using the contact details set out in section 11 below.

4.4. Disclaimer

(a) We will not disclose your Personal Information to any third party (other than our Authorised Affiliates) without your written consent, unless:

(i) we are otherwise required by the relevant Privacy Act;

(ii) we are permitted to under this Privacy Policy; or

(iii) such disclosure is, in our opinion, reasonably necessary to protect our rights or property, avoid injury to any person or ensure the proper functioning of the Dyna App.

(b) This Privacy Policy only covers the use and disclosure of information we collect from you. The use of your Personal Information by any third party is governed by their privacy policies and is not within our control.

5. Notifiable Data Breaches

In the event of any loss, or unauthorised access or disclosure of your Personal Information that is likely to result in serious harm to you, we will investigate and notify you and the Australian Information Commissioner as soon as practicable, in accordance with notifiable data breach laws as set out in the Privacy Act.

6. Marketing communications

6.1. Direct marketing

(a) We may use and disclose your Personal Information to send you information about the Dyna App, the Services or information about the other products or services we may offer from time to time, as well as other information that may be of interest to you.

(b) These communications may continue even after you stop using the Dyna App.

6.2. Communication channels

(a) We may send this information to you via the communication channels specified at the time you provide your consent.

(a) These communication channels may include mail, email, SMS telephone, social media or by customising online content and displaying notices on the Dyna App.

6.3. Opting-out

You can opt out of receiving these communications by:

(a) contacting us using the details below; or

(b) using the unsubscribe function in the email or SMS.

7. Storage and security

7.1. Protecting your Personal Information

(a) We take reasonable steps in the circumstances to keep your Personal Information and Non-Personal Information safe. We use a combination of technical, administrative, and physical controls to protect and maintain the security of your Personal Information and Non-Personal Information.

(b) Our officers, employees, agents and third-party contractors are expected to observe the confidentiality of your Personal Information and Non-Personal Information.

(c) Wherever possible, we procure that Authorised Affiliates who have access to your Personal Information and Non-Personal Information take reasonable steps to:

(i) protect and maintain the security of your Personal Information and Non-Personal Information; and

(ii) comply with the Australian Privacy Principles when accessing and using your Personal Information.

7.2. No guarantee

(a) The transmission of information via the internet is not completely secure. While we do our best to protect your Personal Information and Non-Personal Information, we cannot guarantee the security of any Personal Information and Non-Personal Information transmitted through the Dyna App.

(b) You provide your Personal Information and Non-Personal Information to us at your own risk and we are not responsible for any unauthorised access to, and disclosure of, your Personal Information and Non-Personal Information.

7.3. Destruction of Personal Information

We will destroy or de-identify Personal Information within a reasonable period of time after you have terminated your account on the Dyna App or where your Personal Information is no longer required, unless we are required or authorised by law to retain the information. However, we may retain Personal Information (including basic registration information) in accordance with documentation retention and destruction laws.

8. Accessing and correcting your Personal Information

(a) We shall use our reasonable endeavours to keep your Personal Information accurate, up-to-date and complete. You have the right to access any Personal Information we hold about you, subject to some exceptions under the Privacy Act.

(b) You can access, or request that we correct, your Personal Information by writing to us using the details below. We may require proof of identity. If we do not allow you to access any part of your Personal Information, we will tell you why in writing.

(c) We will not charge you for requesting access to your Personal Information but may charge you for our reasonable costs in supplying you with access to this information.

(d) We will endeavour to respond to your request for access or correction within 30 days of your request.

9. Cookies Policy and Analytics

9.1. Cookies

(a) We use small text files placed on your computer called ‘cookies’ to collect standard log and visitor behaviour information in an anonymous form. We use this information to analyse how visitors use the Dyna App and to compile statistical reports on website activity. You can set your computer to reject cookies, but this may affect your ability to use certain parts of the Dyna App.

(b) We may also log your IP address. Your IP address is your computer’s electronic Internet address. We may collect your IP address to see trends, run the website, track user movements, and gather broad demographic information.

9.2. Apple Analytics

(a) Services that the Dyna App may use from time to time include Apple Analytics, which transmits website traffic data to Apple servers. Apple Analytics does not identify individual users or associate your IP address with any other data held by Apple. We use reports provided by Apple Analytics to help us understand traffic and usage on the Dyna App.

(b) By using the Dyna App, you consent to Apple processing your data in the manner described in Apple’s Privacy Policy (https://www.apple.com/legal/privacy/) and for the purposes set out in this Privacy Policy.

9.3. Google Analytics

(a) Services that the Dyna App may use from time to time include Google Analytics, which transmits website traffic data to Google servers. Google Analytics does not identify individual users or associate your IP address with any other data held by Google. We use reports provided by Google Analytics to help us understand traffic and usage on our website.

(b) By using the Dyna App, you consent to Google processing your data in the manner described in Google’s Privacy Policy (www.policies.google.com/privacy) and for the purposes set out in this Privacy Policy.

10. Privacy complaints

(a) If you have any issues about this Privacy Policy or the way we handle your Personal Information, please contact us using the details below and provide full details of your complaint and any supporting documentation.

(b) At all times, privacy complaints:

(i) will be treated seriously;

(ii) will be dealt with promptly;

(iii) will be dealt with in a confidential manner; and

(iv) will not affect your existing obligations or your commercial arrangements with us.

(i) respond to you within 14 business days; and

(ii) investigate and attempt to resolve your concerns within 30 business days or any longer period necessary and notified to you by our Privacy Officer.

(d) If you are dissatisfied with the outcome of your complaint, you may refer the complaint to Office of the Australian Information Commissioner.

11. How to contact us

If you have any complaints or issues you wish to raise with us regarding the way we have handled your Personal Information or would like to discuss any issues about our Privacy Policy, please contact us directly by email at support@thedynaapp.com.

12. Changes to this Privacy Policy

(a) From time to time, it may be necessary for us to review and revise our Privacy Policy. We may notify you about changes to this Privacy Policy by posting an updated version on our website or on the Dyna App.

(b) We encourage you to check the Dyna App from time to time to ensure you are familiar with our latest Privacy Policy.