1.1 By accepting this agreement and accessing the wireless network, you acknowledge that:
1.2 The wireless network service is provided by Hownd, Inc. (Hownd) subject to an internet connection provided by the venue where the MyHownd WiFi device is located (Venue). Your access is completely at Hownd’s and/or the relevant Venue’s discretion. Your access to the network may be blocked, suspended, or terminated at any time for any reason.
1.3 Your use of the wireless network is completely at your own risk.
1.4 You agree not to use the wireless network for any purpose that is unlawful or otherwise prohibited and you are fully responsible for your use.
1.5 The wireless network is provided "as is" without warranties of any kind, either expressed or implied.
2.1 In order to be granted access to the wireless network you are initially required to login using a social media account or email address supported by Hownd (e.g. Facebook or Google+) and agree to grant Hownd access to collect the data contained in that social media account initially and on each occasion that you reconnect to any of our Venues intentionally or automatically.
2.3 In consideration for your access to the wireless network, you grant Hownd a licence to use your browsing and social media data that Hownd collects (Data) for the purposes of marketing the goods and services of Hownd’s customers and Venues (Customers) to you (including offers and cross-promotion).
2.4 Hownd may also de-identify your Data in order to enable analysis by Customers of the datasets owned by, or licenced to Hownd for any purpose.
2.5 Hownd may also enrich your Data with data from third party data sources in order to enable analysis by Customers of the datasets owned by, or licenced to Hownd for any purpose.
2.6 You agree that Hownd may sub-licence access to your Data to its Customers without further compensation to you.
2.7 A Hownd Customer may only use your Data for the same purpose that you supplied it to Hownd to use (i.e. for marketing purposes) and may supply that data to a third party only for the purpose of marketing the relevant Customer’s goods or services to you.
2.8 Any dispute that may arise in relation to a Customer’s use of your data must be dealt with directly between you and the relevant Customer.
3.3 Hownd makes no warranty as to whether a Customer’s use of your Data complies with the Customer’s privacy obligations at law or contract.
3.4 Any dispute that may arise in relation to a Customer’s use of your personal information must be dealt with directly between you and the relevant Customer.
2.2 We handle Personal Information in our own right and also for and on behalf of our customers and users.
2.5 If, at any time, an individual provides Personal Information or other information about someone other than himself or herself, the individual warrants that they have that person’s consent to provide such information for the purpose specified.
2.6 Our website and services are unavailable to children (persons under the age of 18 years) without their parent or guardian’s consent.
3.1 In the course of business it is necessary for us to collect Personal Information. This information allows us to identify who an individual is for the purposes of our business, share Personal Information when asked of us, contact the individual in the ordinary course of business and transact with the individual. Without limitation, the type of information we may collect is:
3.3 We may also collect non-Personal Information about an individual such as information regarding their computer, network and browser. This may include their IP address. Where non-Personal Information is collected the Australian Privacy Principles do not apply.
4.1 Most information will be collected in association with an individual’s use of PoweredLocal, an enquiry about PoweredLocal or generally dealing with us. However we may also receive Personal Information from sources such as advertising, an individual’s own promotions, public records, mailing lists, contractors, staff, recruitment agencies and our business partners. In particular, information is likely to be collected as follows:
4.2 As there are many circumstances in which we may collect information both electronically and physically, we will endeavour to ensure that an individual is always aware of when their Personal Information is being collected.
4.3 Where we obtain Personal Information without an individual’s knowledge (such as by accidental acquisition from a client) we will either delete/destroy the information, or inform the individual that we hold such information, in accordance with the Australian Privacy Principles.
5.1 In general, the primary principle is that we will not use any Personal Information other than for the purpose for which it was collected other than with the individual’s permission. The purpose of collection is determined by the circumstances in which the information was collected and/or submitted.
5.3 If it is necessary for us to disclose an individual’s Personal Information to third parties in a manner compliant with the Australian Privacy Principles in the course of our business, we will inform you that we intend to do so, or have done so, as soon as practical.
5.4 We will not disclose or sell an individual’s Personal Information to unrelated third parties under any circumstances.
5.5 Information is used to enable us to operate our business, especially as it relates to an individual. This may include:
5.6 There are some circumstances in which we must disclose an individual’s information:
5.8 We may utilise third-party service providers (such as Gmail from Google, Inc., and MailChimp from The Rocket Science Group LLC) to communicate with an individual and to store contact details about an individual. These service providers are located in the United States of America.
6.1 An individual may opt to not have us collect their Personal Information. This may prevent us from offering them some or all of our services and may terminate their access to some or all of the services they access with or through us. They will be aware of this when:
6.2 If an individual believes that they have received information from us that they did not opt in or out to receive, they should contact us using the details below.
7.2 We will take all reasonable precautions to protect an individual’s Personal Information from unauthorised access. This includes appropriately securing our physical facilities and electronic networks.
7.3 PoweredLocal uses SSL encryption to store and transfer Personal Information. Despite this, the security of online transactions and the security of communications sent by electronic means or by post cannot be guaranteed. Each individual that provides information to us via the internet or by post does so at their own risk. We cannot accept responsibility for misuse or loss of, or unauthorised access to, Personal Information where the security of information is not within our control.
7.4 We are not responsible for the privacy or security practices of any third party (including third parties that we are permitted to disclose an individual’s Personal Information to in accordance with this policy or any applicable laws). The collection and use of an individual’s information by such third parties may be subject to separate privacy and security policies.
7.5 If an individual suspects any misuse or loss of, or unauthorised access to, their Personal Information, they should let us know immediately.
7.6 We are not liable for any loss, damage or claim arising out of another person’s use of the Personal Information where we were authorised to provide that person with the Personal Information.
8.1 Users of PoweredLocal can update their Personal Information from within their PoweredLocal account or profile.
8.2 Subject to the Australian Privacy Principles, an individual has the right to request from us the Personal Information that we have about them, and we have an obligation to provide them with such information within 28 days of receiving their written request.
8.3 If an individual cannot update their own information, we will correct any errors in the Personal Information we hold about an individual within 7 days of receiving written notice from them about those errors.
8.4 It is an individual’s responsibility to provide us with accurate and truthful Personal Information. We cannot be liable for any information that is provided to us that is incorrect.
8.5 We may charge an individual a reasonable fee for our costs incurred in meeting any of their requests to disclose the Personal Information we hold about them.
9.1 If an individual has a complaint about our handling of their Personal Information, they should address their complaint in writing to the details below.
9.2 If we have a dispute regarding an individual’s Personal Information, we both must first attempt to resolve the issue directly between us.
9.3 If we become aware of any unauthorised access to an individual’s Personal Information we will inform them at the earliest practical opportunity once we have established what was accessed and how it was accessed.
10.1 From time to time, we may send an individual important notices, such as changes to our terms, conditions and policies. Because this information is important to the individual’s interaction with us, they may not opt out of receiving these communications.
11.1 All correspondence with regards to privacy should be addressed to:
The Privacy Officer
231 Chapel Street
Prahran, VIC 3181
You may contact us via email in the first instance.