This Statement is effective from the last modified date of 1 April 2021.

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Company and its affiliated entities (‘we’, ‘us, ‘its’ or ‘our’), may collect personal data and information from Users (‘you’ or ‘your’) in the delivery of its services on the Website, Application, email and other telecommunication marketing and communiques and other online services  (collectively the ‘Services’).

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We appreciate and understand that you have entrusted us with your personal data and information. Thus, we are committed to keep that trust by disclosing to you how we collect, use and protect your information in our privacy practices.

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By visiting or using our Services, you agree and, where required, you consent to our Terms and Conditions and Cookie Policy for the collection, use, storage, disclosure, share, and transfer of your personal data and information as set out in this Statement. 

 

1.1 Collection of Data and Information

Company requires Users to disclose their personal data and information for the provisions of its Services. Should Users decide to use pseudonym or opt to deal anonymously with Company, Users will not be able to obtain delivery of the Company’s Services. 

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Company will collect information from Users’ interaction with its Services;

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a) by Users’ voluntary disclosure of personal data and information to Company directly;

1. User profile: Company collects data and personal information from Users when they create or update their accounts. This may include, but is not limited to, the User’s name, date of birth, gender, address, email, phone number, login name and password, profile picture, payment or banking information, driver’s licence and other government identification documents (including identification photograph). For Pickers, this may further include vehicle details, insurance cover information, emergency contact information, User’s settings, and evidence of health or fitness to provide their delivery services to Company’s Merchants and Customers.

2. Background check/identity verification: For Customer, Company may collect or request Picker to collect personal data and information of Customer through the Company’s Services confirming verification of identity and age for the sale of alcoholic drinks and tobacco products for its compliance and Merchant’s compliance with the Laws and regulations. For Pickers, this may include information such as driver history or criminal record (where permitted by law, and right to work.

3. Demographic data: Company collects Users’ transaction history data including, but not limited to, Items included on Orders from Merchants, date and time of transactions, delivery details and delivery tracking details from Pickers, searches conducted through the Company’s Services Company may collect Users’ demographic data through surveys or as disclosed by Users to Company.

4. User content: Company collects personal data and information Users submit when making contact with Picker and Company’s Customer service centre, provide comment, feedback, or rating (compliment or complaint) about Merchant, or Picker, or otherwise contact with Company by any electronic means or otherwise in the form of online Chat session, email communications. This may include photographs or other recordings from Users.

b) by Users’ indirect disclosure of personal data and information that Company may collect automatically from accounts, settings, and technological devices;

1. Location data (Pickers): Company collects data of that nature when the Company’s Application or Website or any other Software is running in the foreground (when opened and on-screen) or background (when opened but not on-screen) of the technological device.

2. Location data (Customers): Company collects precise or approximate location data from Customers’ technological devices where the location is enabled on the technological device for the Company to do so. We collect this data from the time a delivery is requested until it is completed, and any time the app is running in the foreground of the technological device. We use this data to enhance your use of our Services which may include improving pickup locations, enabling safety features for both Customers and Pickers as well as detect and prevent fraud.

3. Transaction information: Company collects data and information related to the use of our Services, including the Services requested or provided, order details, delivery information, date and time Services were provided, amount charged, distance travelled, payment method, interaction with other retail technology such as the use of NFC tags, QR codes and any claimed Promotional Offers or Vouchers by Customers that may or may not be uniquely associated with a Customer account.

4. Usage data: Company collects data and information about how Users interact with its Services including access dates and times, Services features or pages viewed, Services crashes and other system activities, type of browser, and third-party sites or services used before interacting with our Services. These data and information may equally be collected through cookies, pixels, tags, and similar tracking technologies that create and maintain unique identifiers. Kindly refer to our Cookie Policy for more details.

5. Device data: Company collects data and information about technological devices used by Users to access its Services including hardware brand and model, IP address, operating systems and versions, software, preferred languages, unique device identifiers, advertising identifiers, serial numbers, device motion data, location data, internet service provider network data and mobile network data.

6. Communications data: Company enables Users to communicate with each other through Company’s Services. For instance, Company enables Pickers, Merchant and Customers to call, text, or send other files to each other. To facilitate this process, Company receives data regarding calls, texts, or other communications, including date, time, and content of communications. Company may equally use this data for customer support services (including to resolve disputes between Users), for safety and security purposes, to improve our products and services, and for analytics.

7. Third party data: Company collects personal information and data of Users through its affiliates, business partners, social media partners and other third parties who may supply services to Company as well as from publicly available sources. This may include instances where Users may use a social media account such as Facebook or Google to login to our Services. From time to time, you may provide the Company, and we may collect from you, personal information of a third party. Where you provide personal information of a third party to us, it is your responsibility to ensure that this third party is aware, understands, agrees and consents to this Statement.

 

1.2 ) Use of Data and Information

Company does not sell or share its Users’ personal data and information with third parties for direct marketing, except with Users’ consent obtained by Company. Such data and Information will enable us to provide Users with access to relevant parts and to supply the requested Services. Company may use collected data and information from Users for:

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a) Providing services and features, customer support, and marketing;

1. create and update Users’ accounts;

2. verify Customers’ identity and age for the delivery of Services in respect of alcoholic drinks and tobacco products;

3. connect Customer’s Order of Items to a Merchant and a Picker to complete the supply of an Order of Items and deliveries of such Items;

4. complete the purchase transactions including offering, processing and facilitating payments for the Services;

5. enable features that allow Customers to share information with other Users;

6. contact Users in connection with Customers’ Orders and Pickers’ deliveries;

7. contact Customers with promotional offerings or other communications that may be of interest;

8. respond to Users’ questions and assist with problems with the Services;

9. personalise the content and features Users see when visiting the Services;

10. serve advertisements tailored to Users’ interests;

11. improve the content and functionality of the Services;

12. track and share the progress of deliveries;

13. help Merchants better understand their business and improve their offerings;

14. enhance other Information Company has gathered to help Company better understand Users and determine Users’ interests, demographics and behaviour patterns;

15. provide recommendations to Customers;

16. manage Company’s everyday business needs, such as auditing, administration of the Services, forum management, fulfillment, analytics, fraud prevention, and enforcement of Company’s corporate reporting obligations, or to comply with the law; 

17. calculate the total number of visitors to the Services and to each page or feature of the Services; and

18. perform internal operations required to provide our Services, including to troubleshoot Software bugs and operational issues, to conduct data analysis, testing, and research and to monitor and analyse usage and activity trends.

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b) Checking safety and security;

1. verify Customers’ identify and age to confirm eligibility to purchase alcoholic drinks and tobacco products;

2. verify Picker’s identity, background history, eligibility to work and insurance cover; 

3. screening Pickers before enabling their use of the Company’s Services and at subsequent intervals, including through reviews of background checks, insurance renewals, where permitted by law, to help prevent use of the Services by unsafe Pickers;

4. using data and information from Pickers’ technological devices to help identify unsafe driving behaviour such as speeding or harsh braking and acceleration, and to inform them of safer delivery practices. Company also uses data from Pickers’ technological devices to verify the type of vehicles they used to provide deliveries;

5. using data and information derived from Customers’ and Picker’s licence photos, and other photos submitted to Company, for safety and security purposes; and

6. using device, location, profile, usage, and other data to prevent, detect, and combat fraud or unsafe activities;

Company may not use data and information for any other purpose other than disclosed to Users at the time Company collects or receives the information, unless Users’ consent is obtained by the Company or as permitted or required by law.

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1.3) Data sharing and disclosure

Data and information provided to Company will be transferred to and stored on Company servers which may be in or outside Australia, and may be accessed by or given to Company staff, its affiliated entities, and third parties that provide payment processing, advertising services, web analytics, data processing, IT services, customer support and other services. 

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To help ensure Users receive from Company a high-quality delivery, Company may share User information, including personal information, with Pickers, who complete the requested deliveries. 

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Similarly, Company may share the name, phone number, order information, customer feedback and other information related to Customers’ orders with Merchants. 

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Company may also disclose aggregate or anonymised information to third parties. By submitting Users’ data and information, Users agree to this transfer, storing or processing. Company will take all steps reasonably necessary to ensure that Users’ data and information are treated securely and in accordance with this Statement.

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If Company enters a joint venture with, purchases or is sold to or merged with another business entity, Users’ data and information may be disclosed or transferred to the target company, Company’s new business partners or owners or their advisors. 

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Company may use the data and information that Users provide if Company is under a duty to disclose or share the data and information in order to comply with (and/or where Company believes they are under a duty to comply with) any legal obligation; or in order to protect Company’s rights or the rights of Merchants or other third parties. 

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This includes exchanging information with other companies and other organisations for the purposes of fraud protection and prevention.

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1.4) Security and Data retention

Company retains Users data and information for as long as necessary for the purposes described in this Statement. Users may request deletion of their accounts at any time. Company may retain User data and information after a deletion request due to legal or regulatory requirements or for the reasons outlined in this Statement.

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Company takes steps to protect Users’ data and information from unauthorised access, modification or disclosure and against misuse, interference, unlawful processing, loss, destruction and damage. Once Users data and  information are no longer required for any purpose for which it may be used or disclosed by Company, and Company is not required by law to retain these data and information, Company will destroy them.

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Where Users have registered an account with Company and chosen a password which allows User to access certain parts of the Services, User is responsible for keeping this password confidential. Company advises Users not to share passwords with anyone. 

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The transmission of data and information via the internet is not completely secure. Although, Company takes steps to protect your data and information, we are not always able to provide a guarantee in relation to the security of your data and information transmitted to our Services. As such, company will not be liable for any claim or loss arising from security of data and information sent and received from us over the internet or for any unauthorised access or interception of that data and information. Any transmission is at your own risk.

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Unless Company negligently discloses Users passwords to a third party, Company will not be liable for any unauthorised transactions entered into using User’s name and password.

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In effect, once we hold possession of your data and information, our Company has strict procedures and security features to prevent unauthorised access to your data and information.

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Company partners with Square (www.squareup.com/au/en/) as its independent third party payment gateway provider  where all payment details are protected and secured with a secure socket layer (SSL) encryption or a transport lawyer security (TLS) encryption as well as being certified payment card industry (PCI) compliant. Company will not save your actual credit card details as part of your data and information. However, will hold and save a reference to your credit card details, which is referred to as a token. This token is provided to us by the payment gateway provider. Saving the token means that this enables you to use the same credit card details for future transactions with the payment gateway provider. If, at any time, you wish to remove the token, you may do so through the Company’s Services under your User account or email us as set out under clause 1.7 with an email titled ‘Token Deletion’ so that we may contact you to confirm that you confirm for the token removal. Should there be no token recorded against your User account, you will be required to enter new credit card details on the next purchase Order.

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For clarity, Company will not in any circumstances be liable to you or third parties for loss or damage arising from credit card fraud or identity theft.

   

1.5) Accessing and Updating

Company takes reasonable steps to ensure that the personal information and data it collects, uses or discloses is accurate, complete and up to date from Users. Users have the right to see the data and information Company holds about them. Should you wish to request from Company to disclose your data and information that it holds, you may send a request to Company titled ‘Access Request’ to us as provided under clause 1.7. Company may charge a fee for retrieving your ‘Access Request’ information in which case you will be informed of that fee for your consent and approval to be paid prior to the ‘Access Request’ data and information are released to you. 

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Users may ask Company to make any changes to data and information it holds to ensure that the data and information is accurate and up to date. Should a User’s personal details change, such as the address or phone number, Users are responsible to inform Company of these changes by using the contact details or by amending the user’s account profile accordingly. 

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1.6) Changes to this Privacy Policy

Company may from time to time update this Statement. Use of the Company’s Services following an update constitutes consent to the updated Statement to the extent permitted by Law. Any changes to Statement will be posted on Website and Application, and where appropriate, be provided through e-mail notification. 

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1.7) Definitions

In this Policy document, unless the context otherwise requires, capitalised works have the meaning set out below or in the schedule:

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a) Application means a mobile application of Company, and its affiliated entities, that is made available on an operating system market place application or software platform, including, but not limited to:

1. IOS App Store; 

2. Harmony OS AppGallery;

3. Microsoft Store; and

4. Android Google Play Store;

for the benefit of Company’s business operation. 

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b) Customer means a Person who has registered an account through Company’s Software for the provision of its Goods and Services and proceeded with an Order of Items from Merchant;

c) Picker means a Person acting as an independent third-party contractor that participates in the provision of delivery services through Company’s Goods and Services which may include, but is not limited to, seeking, receiving and fulfilling on-demand requests for delivery by Customer from Merchant Location;;

d) Merchant means a Person with a participating business outlet that has agreed to this Agreement to put to market Items for sale on Company’s Goods and Services; 

e) Person means a natural person of at least 18 years of age, an associated person to an entity, or an entity, including, but not limited to, a partnership, corporate entity, trust;

f) User means any Person who is a Customer, Merchant, and Picker;

g) Website means the pages of the site located on the world wide web at pickie.com.au or any other nominated site that Company may nominate as its site for micro marketing of funnelling marketing purposes; 

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1.8) Interpretation

In this Agreement, unless the context otherwise requires:

a) a reference to any law includes any subordinate legislation as amended, replaced, re-enacted or consolidated;

b) the singular includes the plural and vice versa;

c) where a party is to determine a matter they are to do so acting reasonably;

d) a reference to ‘Person’ further includes:

i) a corporation, partnership, joint venture, association, authority, trust, state or government authority; and

ii) their executors, administrators, substitutes, successors and permitted assigns;

e) a reference to a clause or schedule is to a clause or schedule of this Agreement

f) headings are included for convenience only and do not affect interpretation;

g) a reference to any Agreement or document is to that Agreement or document (and, where applicable, any of its provisions) as amended, novated, supplemented or replaced from time to time;

h) a reference to a matter being written includes that matter being in any mode of representing or reproducing words, figures or symbols capable of written form;

i) a reference to dollars or $ is to Australian currency;

j) if a period of time starts from a given day (or event), it is calculated exclusive of that day (or the day the event occurs);

k) “includes”, “including”, or similar expressions, are not words of limitation.

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1.9) Contact Us

Should you have any queries, comments or concerns  about our privacy  practices and this Statement, please contact us by email at support@pickie.com.au or by postal mail to the attention of:

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The Privacy Officer

Pickie Management Pty Ltd trading as Pickie

1/783 Station Street

Box Hill North VIC 3183

Australia

 

We will acknowledge your concerns and endeavour to address them in a reasonable period of time. If you still hold the view that our response does not satisfactorily address your concerns about the privacy issues in that Company’s did not comply with its obligations when dealing with your data and personal information under the Privacy Act 1998 (Cth), you hold the right to contact the Office of the Australian Information Commissioner by telephone on 1300 363 992 or by email at enquiries@oaic.gov.au