Privacy Policy


Last updated: 10 November 2016

Tenderfoot Pty Ltd (ACN 601 013 414) (Tenderfoot” “we” or “us”) adhere to the Australian Privacy Principles (“APPs”) contained in the Privacy Act 1988 (Cth) (“Privacy Act”). This privacy policy sets out the way we and our related entities collect and manage personal information and how we handle privacy issues. There are requirements of the APPs which we will adhere to that are not specifically described in our Privacy Policy but are deemed to be incorporated in this Privacy Policy. By using our application, website or services, you agree to accept this Privacy Policy and how we collect and use your personal information.

The kinds of personal information we collect and hold
Firstly, ‘personal information’ in our Privacy Policy has the same meaning as in the Privacy Act, namely, it means information about an identified individual or an individual who is reasonably identifiable.
We may collect and hold various types of personal information about you including your name, date of birth, phone number, address, email address, your likeness, business or trading name, financial information (such as credit card information if you purchase a good or service from us) and other information about you which we need in order to conduct our business and / or provide you with our goods and services. We may also obtain information about your interests, purchase history, website history, activities, gender, age, analytical data (such as state of sms delivery, state of email delivery, video playback data) and other demographic information.
Now and then, we may conduct surveys, run competitions or other promotions. If you choose to participate in one of our surveys or competitions, we'll probably ask for some personal information such as your shopping habits, email address and other information so that we can run the promotion and notify you if you win.
When you send us a request, such as to our customer service department, we may ask you to identify yourself by name or email address in order to send you a response, if appropriate.
The Privacy Act also protects your sensitive information. If we need to obtain this type of information, we will ask for your consent, except where otherwise permitted by law.
It may not be practical for us to deal with you if you have not identified yourself or you are using a pseudonym.
However, where it is practical, such as to respond to an enquiry about our products or business, we will allow individuals to remain anonymous.


How we collect and hold personal information
If it is reasonable and practicable to do so, we will collect personal information directly from you (“User Collected information”). The Application obtains the information you provide when you download and sign-up with Tenderfoot. Signing-up with us is mandatory if you wish to use our Application. You will not be able to use the features offered by Tenderfoot unless you sign-up with us. When you sign-up with us and use Tenderfoot, you generally provide (a) your name, email address, age, nationality, current city of residence, password and other registration information; (b) transaction-related information, such as responding to any offers, or downloading or using applications from us; (c) information you provide us when you contact us for help; and; (e) information you enter into our system when using the Application, such as contact information and project management information.
If you choose to sign-up via Facebook, we collect your personal data in accordance with the Privacy Policy of Facebook Inc.


Automatically collected data
In addition, Tenderfoot may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile devices unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use the Application.
We may also need to collect personal information from other sources including from:

  • third parties;
  • publicly available sources of information (such as social media)
  • our websites;
  • your and our business partners and contractors;
  • manage your account and provide you with customer support;
  • perform research and analysis about your use of our products, services, or content, or products or services;
  • communicate with you by e-mail, postal mail, telephone and/or mobile devices about products or services that may be of interest to you;
  • enforce our terms and conditions;
  • manage our business;
  • perform functions as otherwise described to you at the time of collection.

Information from other sources
We may also periodically obtain both personal and non-personal information about you from business partners, contractors and other third parties. Examples of information that we may receive include: updated addresses, purchase history, and additional demographic information. For example, if you make a payment using our trusted and secure merchant facility and payment gateway, we may need to share information to process the transaction and link the accounts accordingly. At no stage, do we provide them with your contact information.

Use of cookies and other technologies to collect information
We use various technologies to collect information from your computer and about your activities on our site.

Information collected automatically We automatically collect information from your browser when you visit our website. This information includes your IP address, your browser type and language, access times, the content of any undeleted cookies that your browser previously accepted from us, and the referring website address.

Cookies
When you visit our website, we may assign your computer one or more cookies, to facilitate access to our site and to personalize your online experience. Through the use of a cookie, we also may automatically collect information about your online activity on our site, such as the web pages you visit and the links you click. Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you choose to decline cookies, please note that you may not be able to sign in or use some of the interactive features offered on our website and platform.
Cookies defined: A cookie is a small text file that is stored on a user’s computer for record keeping purposes. Cookies can be either session cookies or persistent cookies. A session cookie expires when you close your browser and is used to make it easier for you to navigate our website. A persistent cookie remains on your hard drive for an extended period of time. For example, when you sign in to our website, we will record your username and the name on your account in the cookie file on your computer. We also may record your password in this cookie file, if you indicated that you would like your password saved for automatic sign-in. For security purposes, we will encrypt any usernames, passwords, and other user or member account-related data that we store in such cookies. In the case of sites and services that do not use a username or ID, the cookie will contain a unique identifier. We may allow our authorized service providers to serve cookies from our website to allow them to assist us in various activities, such as doing analysis and research on the effectiveness of our site, content and services. You may delete or decline cookies by changing your browser settings. If you do so, some of the features and services of our website may not function properly.


Other Technologies We may use standard Internet technology, such as web beacons and other similar technologies, to track your use of our site. We also may include web beacons in promotional e-mail messages or newsletters to determine whether messages have been opened and acted upon. The information we obtain in this manner enables us to customize the services we offer our users and visitors in order to measure the overall effectiveness of our website, platform and business.
Web Beacons defined: Web beacons (also known as clear gifs, pixel tags or web bugs) are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users or to access cookies. Unlike cookies which are stored on the user’s computer hard drive, web beacons are embedded invisibly on the web pages or in an email. Web beacons may be used to deliver or communicate with cookies, to count users who have visited certain pages and to understand usage patterns. We also may receive an anonymous identification number if you come to our site from an online advertisement displayed on a third-party website. We will only collect personal information from you by lawful and fair means. We may also collect, use and exchange your information in other ways where permitted by law. We will take reasonable steps to protect the personal information we collect, in both paper and electronic form, from misuse and loss as well as from unauthorized access, modification and disclosure.

Reasonable steps include:
  • Confirming the identity of any individual wishing to access personal information;
  • In order to make every effort to ensure that your experience with Tenderfoot is secure, we use encryption technology to protect you against the loss, misuse or alteration of your personal information.
  • Only staff members who need your personal information in order to do deal you’re your business or answer your requests or are given access to it. Employees are provided with training and information regarding the proper handling of personal information. All information stored in our computer system is protected from unauthorised access and information that is stored in document form is kept in secure locations to prevent access by unauthorised persons.
  • Tenderfoot keeps your personal information for only as long as required to fulfil the purpose for which it was collected (subject to legal requirements, corporate regulation, or good practice). For those customers who have registered for a mailing list, their personal information is kept until we are notified that they no longer want their information stored.

Collection of ‘real time’ location information of the device?
When you visit the mobile application, we may use GPS technology (or other similar technology) to determine your current location in order to determine the city you are located in and display a location map with relevant advertisements. We may share your current location with our approved partners/third parties and other Tenderfoot users who you have previously given consent to access this information by ‘stamping’ them.

Third Parties
Please note that whilst we will have access to your precise location (as determined by GPS coordinates), we will not share this with any third parties in a way that personally identifies you, unless in extenuating circumstances as outlined below in this Privacy Policy. Rather, location data is collected anonymously and only used to improve the functionality of the App. Within the Tenderfoot Application, your location shared to ‘connected’ users within the application will only be general (otherwise known as ‘area specific’). It will personally identify you as it is displayed on your profile. If you do not want us to use your location for the purposes set forth above, you should turn off the location services for the mobile application located in your account settings or in your mobile phone settings and/or within the mobile application.

Interactions with other members
You Have Sole Responsibility When Interacting with Other Members. Our Services provide a platform for members to learn about one another, communicate with one another and arrange activities with one another. Tenderfoot is not a party to, has no involvement or interest in, makes no representations or warranties as to, and has no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other member, person or organization. You are solely responsible for your interactions with other members of our Services. We reserve the right, but have no obligation, to monitor interactions between you and other members of our Services. Remember, the Tenderfoot Services are just a platform that enable you to communicate and interact with other people around the world. We cannot be responsible for the interactions that you have with other Tenderfoot members, so please use good judgment and keep safety in mind when you use Tenderfoot.

Identity Verification
We cannot and do not confirm each member’s identity. You are solely responsible for determining the identity and suitability of others with whom you may interact through our Services. Tenderfoot does not represent or warrant that our tools are sufficient to determine whether it is appropriate for you to interact with another member. Further, we do not endorse any persons who use or register for our Services. We do not investigate or verify any member’s reputation, conduct, morality, criminal background, or any information members may submit to the Services. We encourage you to take precautions when interacting with other members, particularly when meeting a stranger in person for the first time.

Release
Because our Services are merely a platform, in the event that you have a dispute with one or more members, you release us (and our officers, directors, members, employees, agents and affiliates) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.

Places and Location
Tenderfoot is not responsible for the accuracy or representation of the location of a place. Whilst we verify every place added, we cannot guarantee the precise location of any given place. Tenderfoot is used as a location guide only and in the event that you use our services to locate a place, and the place is not in the specified location, we are not liable for any losses that may arise.

The purposes for which we collect, hold, use and disclose personal information
Tenderfoot will only collect, hold, use and disclose personal and sensitive information that is reasonably necessary for us as a business to carry out our activities and functions. These activities and functions include:
  • delivering and supplying our services to you and to our clients and customers;
  • employing staff;
  • contracting and dealing with suppliers and sub-consultants, partners and clients;
  • dealing with service providers, retailers and traders;
  • consulting to, with and for anyone necessary to deliver our products and services;
  • to achieve our firm / business objectives;
  • to send information, correspondence and news about our company and our products and services;
  • handling privacy complaints and issues.

Third party access to information obtained by us?
We will share your information with third parties only in the ways that are described in this privacy statement. We may disclose User Provided and Automatically Collected Information:
  • as required by law, such as to comply with a subpoena, or similar legal process; when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request;
  • with our trusted services providers who work on our behalf, do not have an independent use of the information we disclose to them, and have agreed to adhere to the rules set forth in this privacy statement.
  • With verified Tenderfoot accommodation providers. This will include any accommodation provider who subscribes to Tenderfoot’s software platform.

If Tenderfoot is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our website of any change in ownership or uses of this information, as well as any choices you may have regarding this information. We may use your personal information to send emails or regular mail to you about our products, services or other competitions and promotions you might be interested in, unless you indicate that you do not wish to receive such mail. Any third parties to whom we may disclose personal information may have their own privacy policies which describe how they use and disclose personal information. Those policies will govern use, handling and disclosure of your personal information once we have shared it with those third parties as described in this Privacy Policy. If you want to learn more about their privacy practices, we encourage you to visit the websites of those third parties. These entities or their servers may be located in various places around the world. We may share aggregated and non-personal information we collect under any of the above circumstances. We may also share it with third parties. We may combine non-personal information we collect with additional non-personal information collected from other sources. We also may share aggregated information with third parties, including advisors, advertisers and investors, for the purpose of conducting general business analysis. For example, we may tell third party businesses the number of visitors to our website and the most popular features or services used. This information does not contain any personal information.

Third-Party Websites
There are a number of places on our website or through our services where you may click on a link to access other websites that do not operate under this Privacy Policy. For example, if you click to pay, you may be taken to a secure website that we do not control. These third-party websites may independently solicit and collect information, including personal information from you. We recommend that you consult the privacy statements of all third-party websites you visit by clicking on the "privacy policy" link typically located on the webpage you are visiting.

What are my opt-out rights?
If you prefer not to receive information directly from Tenderfoot you can easily “Opt Out” by contacting us directly to request this via email, at privacy@tenderfoot.com. When you “Opt Out” you may be unsubscribing from communications from us, but your details may be on other client lists for which you have subscribed. You can stop all collection of information by Tenderfoot easily by uninstalling the Application. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network.

Security Assessments and Compliance
Tenderfoot’s physical infrastructure is hosted and managed within Amazon’s secure data centers and utilize the Amazon Web Service (AWS) technology. Amazon continually manages risk and undergoes recurring assessments to ensure compliance with industry standards. Amazon’s data center operations have been accredited under:
  • ISO 27001
  • SOC 1/SSAE 16/ISAE 3402 (Previously SAS 70 Type II)
  • PCI Level 1
  • FISMA Moderate
  • Sarbanes-Oxley (SOX)
  • PCI

Physical Security
Tenderfoot utilizes ISO 27001 and FISMA certified data centers managed by Amazon. Amazon has many years of experience in designing, constructing, and operating large-scale data centers. This experience has been applied to the AWS platform and infrastructure. AWS data centers are housed in nondescript facilities, and critical facilities have extensive setback and military grade perimeter control berms as well as other natural boundary protection. Physical access is strictly controlled both at the perimeter and at building ingress points by professional security staff utilizing video surveillance, state of the art intrusion detection systems, and other electronic means. Authorized staff must pass two-factor authentication no fewer than three times to access data center floors. All visitors and contractors are required to present identification and are signed in and continually escorted by authorized staff. Amazon only provides data center access and information to employees who have a legitimate business need for such privileges. When an employee no longer has a business need for these privileges, his or her access is immediately revoked, even if they continue to be an employee of Amazon or Amazon Web Services. All physical and electronic access to data centers by Amazon employees is logged and audited routinely. For additional information see: AWS Security

Data Retention Policy, Managing Your Information
We will retain User Provided data for as long as you use the Application and for a reasonable time thereafter. We will retain Automatically Collected information for up to 24 months and thereafter may store it in aggregate. If you’d like us to delete User Provided Data that you have provided via the Application, please contact us at privacy@tenderfoot.com and we will respond in a reasonable time. Please note that some or all of the User Provided Data may be required in order for the Application to function properly.

Children
We do not use the Application to knowingly solicit data from or market to children under the age of 18. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at privacy@tenderfoot.com. We will delete such information from our files within a reasonable time.

Security
We are concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve Tenderfoot. Please be aware that, although we endeavour to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.

Changes
This Privacy Policy may be updated from time to time for any reason. We will notify you of any changes to our Privacy Policy by posting the new Privacy Policy here and on our website. You are advised to consult this Privacy Policy regularly for any changes, as continued use is deemed approval of all changes. You can view the history of this policy upon request.

Your Consent
By using Tenderfoot, you are consenting to our processing of your information as set forth in this Privacy Policy now and as amended by us. "Processing,” means using cookies on a computer/hand held device or using or touching information in any way, including, but not limited to, collecting, storing, deleting, using, combining and disclosing information, all of which activities will take place in the Australia. If you reside outside Australia your information will be transferred, processed and stored there under Australian privacy standards.

Access to your information
You can access the personal information we are holding about you at any time (subject to the exceptions explained below). We ask that such a request is to be in writing. There will be no charge for providing the information to you. You can review and change certain personal information related to your account (such as your name and contact information). To access your information or to correct information we are holding or for more information or assistance with accessing your personal information, please contact us and we will endeavour to respond to your request as soon as possible. Tenderfoot will give access in the manner requested unless it is unreasonable or impractical to do so. Access will generally be granted within 30 days of the request. There are some circumstances in which the APPs provide that we can refuse your request for access to your personal information including if we believe the access would pose a serious threat to the life or health of any individual or if the access would have an unreasonable impact on the privacy of other individuals or if the information contains commercially sensitive information or if we can refuse the request by law. We shall inform you of our decision and reasons for any refusal of your request.

How to complain about a breach of the APPs and how we will deal with such a complaint
If you would like to make a complaint about our handling of your personal information or if you think we have breached the APPs or any other binding APP code that has been registered under the Privacy Act, please contact us with your complaint in writing. We will endeavour to deal with your complaint as quickly as possible. We may give a copy of your complaint to any affected party for their comment so we can properly investigate any issues. We will determine what (if any) action we should take to resolve the complaint and notify you of our decision and our reasons. If you are not satisfied with the way we have dealt with your complaint you may file a complaint with the Office of the Australian Information Commissioner.

Cross-border Disclosure
For the purpose of the operation of our Application and providing our services to you and as part of our functions, we may disclose your personal information to a recipient outside of Australia (“Cross Border Disclosure”). By agreeing to our Privacy Policy, you are providing your consent to Tenderfoot’s Cross Border Disclosure of your personal information, APP 8.1 will not apply. This means that: Tenderfoot will not be required to take reasonable steps to ensure that the overseas recipient of your personal information does not breach the Australian Privacy Principles; If the overseas recipient breaches the Australian Privacy Principles, Tenderfoot will not be accountable under the Privacy Act; You will not be able to seek redress under the Privacy Act.

Visiting Our Websites From Abroad (Outside of Australia)
This Privacy Policy is intended to cover collection of information on or via our website from residents in Australia. If you are visiting our website or using our Application from outside Australia, please be aware that your information may be transferred to, stored, and processed in countries outside of Australia or where our servers are located and our central database is operated. The data protection and other laws may not be as comprehensive as those in your country. Please be assured that we seek to take reasonable steps to ensure that your privacy is protected. By using our services, you understand that your information may be transferred to our facilities and those third parties with whom we share it as described in this privacy policy.

Privacy Act
Our privacy policy is subject to the Privacy Act and the APPs. Where our privacy policy conflicts with the Privacy Act and the APPs, the Privacy Act and the APPs shall prevail to the extent of such inconsistency. For more information in relation to Privacy you can contact the Office of the Australian Information Commissioner by visiting their website at htttp://www.oaic.gov.au/.

Contact us
If you have any questions or complaints regarding privacy while using Tenderfoot, or have questions about our practices, or if you would like a copy of our Privacy Policy in another format, please contact us via email at privacy@tenderfoot.com