inKind
Privacy Policy
Your privacy is important to us.
Have questions? Email us.
Privacy Policy of inKind ("inKind Capital", "we" or "us")
Respecting and protecting your privacy is very important to us. The following applies to the collection of data by inKind, its subsidiaries and affiliates via au.inkind.com and the inKind mobile application. If you have questions or concerns regarding this policy, you should contact inKind at support@inkind.com.

In this policy we disclose:
- the types of information we collect and how we use them;
- the choices you can make about the way your information is collected and used;
- how to review and change your information held by us; and
- how we keep your information secure.

inKind understands individuals' concerns regarding confidentiality and takes seriously its obligations in respect of all information it gathers. To safeguard that information, inKind has implemented a program to ensure compliance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles ("APPs").
Data Uses
  • Personal data: Verify your identity.
  • Personal and financial data: To process your house account purchase and provide you with funding, if you are a restaurantuer.
  • Information about your visits to, and use of, au.inkind.com: Help us to maintain and develop appropriate features, functionality and user experience for you.
  • Dining preferences: To enhance the experience you have when visiting a restaurant in the inKind network - we share this information with the restaurant, so it can give you a personalised experience.
Consent
By using our websites you consent to our processing of your data as set forth in this Privacy Policy. Your continued use of au.inkind.com, the inKind mobile application, or continued interaction with us after we have notified you of a material change to our Privacy Policy in accordance with the Updates Section below will be deemed an acceptance of these new terms.
Your Information
We collect personal information so that we can conduct our business.

We collect a broad range of personal information about our customers, prospective customers and those purchasing house accounts.

The types of personal information that we collect from you will depend on how you interact with us. For example, your personal information will be collected when you purchase a house account, fill in an application form to start selling house accounts through inKind or submit questions. It may also be collected when you visit this website.

This information may include, but is not limited to, names and contact details, date of birth, place of residence, dining preferences. If you are seeking to use inKind's services for your business, it may also include business data, credit history, bank account numbers and other financial details. Some information is required and some is optional. Additional information may be gathered during your subsequent use of the website and mobile applications.

When we collect personal information directly from you, we will take reasonable steps at or before the time of collection to ensure that you are aware of certain key matters, such as the purposes for which we are collecting the information, the organisations (or types of organisations) to which we would normally disclose information of that kind, the fact that you are able to access the information and how to contact us (or example, where personal information is collected on a form, we will generally include a written privacy statement on the form which sets out these details).

We will collect your personal information directly from you where it is reasonable and practicable to do so. Where we collect information about you from a third party, we will still take reasonable steps to ensure that you are made aware of the details set out above.

If you do not provide the personal information we request, we may not be able to provide our services to you, or may not be able to provide the level of service we usually provide.
Our Communications
When you sign up to inKind, load a house account, accept credit gifted or shared by another or apply to use our services, you will receive emails that confirm specific actions you have requested. You will receive notifications confirming your registration, the successful loading of a house account, and follow-ups from us if you wish to use our services. We may also send you responses to emails you send us, if appropriate. From time to time, we will also send user surveys, feedback requests regarding user experience and website operations or marketing offers from us or from us on behalf of our marketing partners. The completion of these surveys or requests for feedback or acceptance of any offer is strictly voluntary and you can opt out of receiving any such communications in the future by letting us know via the opt out included in any offer email you receive from us.
Sharing Your Information
We work with a number of trusted partners that perform vital functions as part of our operations, including electronic payment service providers. Information is shared with these third parties only to the extent necessary for us to process the transactions you initiate or perform other specific services, like due diligence on those wishing to sell house accounts through inKind. Our partners are legally required to keep your information private and secure.

We may use, or allow our trusted partners to use, your personal information for the purposes of direct marketing or promoting our services. You may ask us not to use your information in this way.

InKind may disclose personal information to countries outside Australia. We will only do so in compliance with all applicable Australian data protection and privacy laws. inKind will take reasonable steps to protect personal information no matter what country it is stored in or transferred to. inKind currently transfers your personal information to our parent company in the United States of America. For purchasers of house accounts, this does not include your financial data, which stays in Australia with our payment processor, Stripe, Inc.

We do not sell or rent your personal information to third parties for marketing purposes.
Secondary uses of information
We may also use and disclose personal information about you for a purpose (the "secondary purpose") other than the main purpose for which you gave us the information (the "primary purpose") where:

  • You would reasonably expect us to use or disclose the personal information for that secondary purpose and that secondary purpose is related to the primary purpose for which we collected the information (and directly related in the case of sensitive information);
  • You have given us your consent for the personal information to be used or disclosed for the secondary purpose.
  • Where there are reasonable grounds to believe that use or disclosure is necessary to prevent a threat to life or health;
  • Where we suspect that unlawful activity is or has been engaged in and we use or disclose the personal information to investigate the suspected unlawful activity; or
  • The use or disclosure is authorised by law or reasonably necessary to enforce the law.
Notifications
We will send you email notifications from time to time. These are a necessary part of the process of you loading a house account, such as seeking confirmation of an action you have taken. Typically we send these to notify you of a change in status for security purposes. For example, certain notifications are sent for your own protection to ensure that another person cannot make a change to your account without your knowledge. In other cases, these notifications involve changes to various legal agreements or website policies. Generally you may not opt out of such service-related emails.
View and Correct Your Information
You can access, review and update the personal information you submit at any time via the inKind mobile app.
Web-Related Information Collection
Cookies
We use cookies on our website for various purposes. Cookies are small text files created by a website that store information on your computer, such as your preferences when visiting that website. We use cookies when you sign in, to keep track of your personal session, including some account identifiers so that we can ensure that you are the only person making changes to your account. We also use cookies to track your activity on our website as a unique person.

We use both session cookies and/or persistent cookies. We use session ID cookies to make it easier for you to navigate our website. Session ID cookies expire after two hours of inactivity or when you close your browser. We use a persistent cookie that remains on your hard drive for an extended period of time, so that we can recognize you when you return to our website. You can remove persistent cookies by following directions provided in your Internet browser's "help" file or at Google's Opt-Out Add-On Page; however, because we use cookies for our sign-in functionality, if you choose to disable cookies you will not be able to log onto the inKind website.

We use tracking pixels and third party cookies on our sites from Google Analytics, DoubleClick, Facebook, Twitter and other third party vendors.
How We Use the Information We Collect
We use third-party tracking services (e.g. Google Analytics' Demographic and Interests reporting) that use cookies to track non-personally identifiable information about visitors to our website in the aggregate (this enables us to gauge the effectiveness of our services, marketing programs and ad targeting). We use respective web beacons to gather information that lets us tune and improve our users' browsing experience, as well as track user responsiveness to various advertising campaigns and promotional activities. As with cookies, the information these beacons collect is an aggregated, anonymous "click stream" and transactional data, and is not associated with any users as individuals. No personal or sensitive information is transmitted to advertising partners.
Links to Other Sites
If you follow any links that direct you away from our website, this Privacy Policy will not apply to your activity on the other websites you visit. We do not control the privacy policies or the privacy practices of any third parties.
Security Policy
We are committed to maintaining the security and confidentiality of your personal and financial information.

We control access to your information via secure web pages and limit access to employees and third parties on a need-to-know basis. We will take reasonable steps to destroy or de-identify personal information when it is no longer required for the purposes for which we collected it or for legal requirements.

We employ firewalls and other security technologies to protect our servers from external attack. We enable our servers with Secure Socket Layer (SSL) technology to establish a secure connection between your computer and our servers, creating a private "conversation" that cannot be viewed or accessed by other parties. We test our systems regularly to ensure that our security mechanisms are up to date.

We also employ session time-outs to protect your account. You will be logged out of the website automatically after a specified period of inactivity. This time-out feature reduces the risk of others being able to access your account if you leave your computer unattended.

Federal and state regulations may require that we maintain and report aggregate demographic information on members who participate in transactions. We may also maintain information, including personally identifiable information of our members, for a period of seven years or more.

We will properly dispose of all paper files, letters and any other hard copy documents that contain personal information that is no longer required. All information stored in electronic form that is no longer needed will be deleted from our systems. While inKind employs advanced data encryption technology when interfacing with its customers, suppliers and other partners, users should be aware that there is a residual risk in transmitting any data electronically. This risk is inherent in all Internet dealings.
What you can do
You can take several precautions to protect the security of your computer and personal information:

  • use a hard to guess password – avoid family members' names or birthday and other information other can easily learn about you. Use special characters in place of letters
  • change your password frequently
  • log out of our website and close the internet browser when you finish a session
  • install security software (antivirus and firewall) to protect your computer from external attacks

We also send automatic notifications if certain actions are taken on your account, such as a change of password, so you can be sure nobody else is making changes without your knowledge. This will be undermined if other people have access to your email account so it might be prudent to restrict access to this account and/or change its password frequently.

If you use a computer that is accessed by other people, such as in a public library or Internet cafe, we recommend that you take special precautions to protect the security of your account and personal data. When accessing our website from a public computer (library or internet café) we recommend you end your session by logging out completely, then closing the browser window and clearing the browser's cache files.
Business Transfers
If any or all of the inKind assets are acquired by, or merged with those of another entity, or in the event of a bankruptcy, we may disclose, share or transfer some or all of our users' data, to or with the relevant entity in connection with the transaction, so that the successor entity can continue providing our services to our users. If the data handling practices of that entity do not meet the substance of this Privacy Policy, you will be given the opportunity not to continue to use our website.
Updates
This Privacy Notice may be updated from time to time in order to reflect changes in our practices. We will notify you of any material changes by posting the new Privacy Policy on the website, and will obtain the necessary consents as required under applicable law if we seek to collect, use or disclose personal data for purposes other than those for which consent has been obtained.

Except as stated above, all changes will apply to the personal data that is already collected, and to personal data that is collected after the effective date of the revised policy. If any proposed change is unacceptable to you, you will have the right to terminate your relationship with us. You are advised to consult this Privacy Policy regularly for any changes.
Accessing your personal information
We will take all reasonable steps to ensure that all information we collect, use or disclose is accurate, complete and up-to-date. Please contact us if your details change or if you believe the information we have about you is not accurate or complete.

We will, on request, provide you with reasonable opportunity to access your personal information and to request that it be corrected or updated within a reasonable time of the request being made. A fee may apply to such access (but not to the making of the request). Exceptions to your access rights include:

  • Where providing access will pose a serious threat to the life or health or any individual or pose an unreasonable impact on the privacy of an individual;
  • Your request for access is frivolous or vexatious;
  • Where the information relates to existing legal proceedings between inKind and you and the information would not be discoverable in the process of those legal proceedings; or
  • Where providing access would be unlawful, may prejudice an investigation of possible unlawful activity, may prejudice enforcement of laws, or denying access is specifically authorised by law.
In some circumstances we are permitted to refuse to give access or to correct your personal information. If this occurs, we will provide you written reasons (unless it would be unreasonable to give reasons) and if required, advise you of your right to complain.

You will be required to satisfy identity validation procedures to prove that you and the individual requesting the personal information are one and the same.
How To Contact Us
If you have an access request or if you have any questions or complaints about the manner in which your personal information has been collected or handled by us, or about this Privacy Policy, please contact inKind at privacy@inkind.com. Any complaints will be handled in the order in which they were received and we will respond to you via email to notify you of what action has been taken.
More information
Further information regarding privacy can be obtained from the Office of the Australian Information Commissioner at www.oaic.gov.au.

Updated December 5, 2017.
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