Effective date: 11 May 2023
In this Privacy Policy, 'us', 'we', or 'our' means Starred Pty Ltd (ABN 16 614 216 741). This Policy comprises part of our Terms of Use https://www.ramenlife.co/terms (Terms).
All capitalised terms used in this Policy have the same meaning as in the Terms unless otherwise indicated.
This Privacy Policy explains the way we collect and store your information. By providing Personal Information or Uploaded Content to us, you consent to our collection, use and disclosure of your Personal Information in accordance with this Privacy Policy and any other arrangements that apply between us. We may change our Privacy Policy from time to time by publishing changes to it on our Sites. We encourage you to check our website periodically to ensure that you are aware of our current Privacy Policy.
1.1 In this Privacy Policy, the following capitalised terms have the following meanings:
(a) Non-personal Information means information which does not relate to a person and/or cannot be used to identify a person.
(b) Personal Information means any information which can be used to identify an individual, and described in detail in clause 2.
(c) Privacy Act means the Privacy Act 1998 (Cth).
(d) Spam Act means the Spam Act 2003 (Cth).
Any other capitalised terms which are defined in the Terms have the same meaning as they do in the Terms.
2.1 We may collect Personal Information about you when you use the Sites, register on the Sites or interact with us in any way.
2.2 Information you provide to us: We collect all information which Users voluntarily provide to us through using the Sites or interacting with us. This includes information provided:
(a) during Member registration;
(b) during correspondence, enquiries, emails to our helpdesk, over phone calls, or as part of customer surveys; or
(c) uploaded onto the Sites in any way.
The Personal Information we may collect includes without limitation:
(d) basic information such as your first and last name;
(e) contact information including email address;
(f) profile picture;
(g) demographic information such as gender;
(h) geographic location and postal code;
(i) other Personal Information obtained by your use of the Sites; and
(j) any other information that enables Users to be personally identified.
2.3 Information we automatically collect: We also automatically collect certain technical data that is sent to us from the computer, mobile device and/or browser through which you access the Sites (Automatic Data). Automatic Data, includes without limitation, a unique identifier associated with your access device and/or browser (including, for example, your Internet Protocol (IP) address) characteristics about your access device and/or browser, statistics on your activities on the Sites, details of the products and services we have provided to you or that you have enquired about, including any additional information necessary to deliver those products and services and respond to your enquiries, or information about how you came to the Sites. We collect Automatic Data based on your consent which was granted to us by you when you visited the Site as a User and accepted this Privacy Policy.
2.4 Information we obtain from others: We may also collect or receive Personal Information from third party sources, such as Users, Hosts, social media or other third-party integrations.
2.5 Non-personal Information: When you interact with the Sites, we may collect Non-Personal Information. The limitations and requirements in this Privacy Policy on our collection, use, disclosure, transfer and storage/retention of Personal Information do not apply to Non-Personal Information. When you register for the Sites or otherwise submit Personal Information to us, we may associate other Non-Personal Information (including Non-Personal Information we collect from third parties) with your Personal Information. At such instance, we will treat any such combined data as your Personal Information until such time as it can no longer be associated with you or used to identify you.
3.1 We may collect, hold, use and disclose your Personal Information for the following purposes:
(a) to enable you to access and use our Sites, including allowing you to interact with other Users;
(b) to operate, protect, improve and optimise our Sites, business and our Users’ experience, such as to perform analytics and conduct research;
(c) to send you service, support and administrative messages, reminders, technical notices, updates, security alerts, and information requested by you;
(d) to send you marketing messages and other information that may be of interest to you, including information sent by, or on behalf of, our Hosts;
(e) to administer rewards, surveys, contests, or other promotional activities or events sponsored or managed by us or our Hosts;
(f) to comply with our legal obligations, resolve any disputes that we may have with any of our Users, and enforce our agreements with third parties; and
(g) for any of our other internal business purposes.
3.2 You acknowledge that we share your Personal Information with relevant Hosts and their Community Managers, to allow them to manage their Community and for all of the purposes described in clause 3.1, including for their internal business needs.
3.3 You acknowledge that certain Sites or Communities may be linked with one another, which may mean that registering as a Member of one Site will disclose your Personal Information to Hosts and Users of the other linked Site.
3.4 You acknowledge that your Personal Information may be visible in search engine results and accordingly, be visible to the public.
3.5 We may also disclose your Personal Information to a trusted third party who also holds other information about you. This third party may combine that information in order to enable it and us to develop anonymised consumer insights so that we can better understand your preferences and interests, personalise your experience and enhance the products and services that you receive.
3.6 The information we collect is not distributed, sold or leased to third parties for commercial purposes, except:
(a) as discussed in this Privacy Policy;
(b) to provide services you have requested; or
(c) for other purposes when we have your permission or when we are obliged to do so.
4.1 We and/or our Hosts may send you direct marketing communications and information about our services. This may take the form of emails or other forms of communication, in accordance with the Spam Act and the Privacy Act. You may opt-out of receiving marketing materials from us by contacting by email us at privacy@ramenlife.co, or by using the opt-out facilities provided (e.g. an unsubscribe link).
5.1 We may disclose Personal Information for the purposes described in this Privacy Policy to:
(a) other Users on the Sites;
(b) the public, to the extent that any Personal Information comes up in search engine results;
(c) Hosts and Community Managers who manage the Sites and Communities you registered to;
(d) any third-party integrations on the Sites;
(e) our employees and related bodies corporate;
(f) third-party suppliers, service providers and integrations which we use in order to operate our business or provide services to you, or which are added by hosts as integrations on the Sites, including without limitation hosting and cloud server services, data analytics services, advertising services, data and cybersecurity services, fraud detection and prevention services, payment processing services, user engagement services, e-mail distribution and monitoring services, session recording services and remote access services (Third Party Suppliers);
(g) professional advisers, dealers and agents;
(h) payment systems operators (e.g. merchants receiving card payments);
(i) anyone to whom our assets or businesses (or any part of them) are transferred;
(j) specific third-parties authorised by you to receive information held by us; and/or
(k) other persons, including government agencies, regulatory bodies and law enforcement agencies, or as required, authorised or permitted by law.
6.1 We may collect Personal Information about you when you use and access the Sites. We may record certain information about your use of the Sites, such as which pages you visit, the time and date of your visit and the internet protocol address assigned to your computer.
6.2 We may also use 'cookies' or other similar tracking technologies on the Sites that help us track your usage and remember your preferences. Cookies are small files that store information on your computer, TV, mobile phone or other device. They enable the entity that put the cookie on your device to recognise you across different websites, services, devices and/or browsing sessions. You can disable cookies through your internet browser but the Sites may not work as intended for you if you do so.
6.3 We may also use cookies to enable us to collect data that may include Personal Information. For example, where a cookie is linked to your Account, it will be considered Personal Information under the Privacy Act. We will handle any Personal Information collected by cookies in the same way that we handle all other Personal Information as described in this Privacy Policy.
7.1 We may hold your Personal Information in either electronic or hard copy form. We take reasonable steps to protect your Personal Information from misuse, interference and loss, as well as unauthorised access, modification or disclosure and we use a number of physical, administrative, personnel and technical measures to protect your Personal Information. However, we cannot guarantee the security of your Personal Information.
8.1 We may retain your Personal Information as long as you are registered to the Sites as a Member. You may close your Account by contacting us. However, we may retain Personal Information for an additional period as is permitted or required under applicable laws. Even if we delete your Personal Information it may persist on backup or archival media for an additional period of time for legal, tax or regulatory reasons or for legitimate and lawful business purposes.
9.1 Links: Our Sites may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we are not responsible for the privacy practices of, or any content on, those linked websites, and have no control over or rights in those linked websites. The privacy policies that apply to those other websites may differ substantially from our Privacy Policy, so we encourage individuals to read them before using those websites.
9.2 Children - Children's Online Privacy Protection Act: We do not knowingly collect Personal Information from children under the age of thirteen (13). If you are under the age of thirteen (13), please do not submit any Personal Information through the Sites. We encourage parents and legal guardians to monitor their children's internet usage and to help enforce our Privacy Policy by instructing their children never to provide Personal Information through the Sites without their permission. If you have reason to believe that a child under the age of 13 has provided Personal Information to us through the Sites, please contact us and we will endeavour to delete that information from our databases.
9.3 Personal Information Provided to Others: This Privacy Policy does not apply to any Personal Information that you provide to another User or visitor through the Sites or through any other means, including to Users through enquiries or other means, or information posted by you to any public areas of the Sites.
10.1 You can access the Personal Information we hold about you directly using the features on the Site, by downloading it from the Site or by contacting us. Sometimes, we may not be able to provide you with access to all of your Personal Information and, where this is the case, we will tell you why. We may also need to verify your identity when you request your Personal Information.
10.2 If you think that any Personal Information we hold about you is inaccurate, or you wish to delete your Account, you can update your Personal Information using the features on the Site or delete your Account using the features on the Site or you may contact us and we will take reasonable steps to ensure that it is corrected or deleted.
10.3 We will consider and respond to all requests in accordance with all applicable laws.
11.1 If you think we have breached the Privacy Act or any other relevant privacy law, or you wish to make a complaint about the way we have handled your Personal Information, you can contact us by email at privacy@ramenlife.co. Please include your name, email address and/or telephone number and clearly describe your complaint. We will acknowledge your complaint and respond to you regarding your complaint within a reasonable period of time. If you think that we have failed to resolve the complaint satisfactorily, we will provide you with information about the further steps you can take.
12.1 We may disclose Personal Information outside of Australia to our Third Party Suppliers, located in the United States.
12.2 When you provide your Personal Information to us, you consent to the disclosure of your information outside of Australia and acknowledge that we are not required to ensure that overseas recipients handle that Personal Information in compliance with the Privacy Act. We will, however, take reasonable steps to ensure that any overseas recipient will deal with such Personal Information in a way that is consistent with the Privacy Act.
13.1 To the extent that the EU General Data Protection Regulation (GDPR) applies to us and your Personal Information, this clause applies and prevails over any inconsistent provisions of the rest of the Privacy Policy.
13.2 In this clause:
(a) Personal Information is taken to mean “Personal Data” within the meaning on the GDPR; and
(b) ‘process’, ‘processing’ and any other variations have the same meaning as within the GDPR.
Legal grounds for processing your Personal Information
13.3 Our legal grounds for us processing your Personal Information for the purposes set out in clause 3 above will typically be because:
(a) you provided your consent;
(b) it is necessary for our contractual relationship;
(c) the processing is necessary for us to comply with our legal or regulatory obligations; and/or
(d) the processing is in our legitimate interest as a marketplace and platform which allows you to interact with other Users (for example, to protect the security and integrity of our systems and to provide you with our Service, etc.).
Transfers of Personal Information
13.4 As we are a global company, we may need to transfer your Personal Information outside of the country from which it was originally provided. This may be intra-group or to third parties that we work with who may be located in jurisdictions outside the European Economic Area (EEA), Switzerland, the UK and other jurisdictions which have no data protection laws or laws that are less strict compared with those in the EEA. For example, our servers are located in Australia which means that automatically, all of your data is transferred from the EEA to Australia.
13.5 Whenever we transfer Personal Information outside of the EEA, Switzerland or the UK, we take legally required steps to make sure that appropriate safeguards are in place to protect your Personal Information. You may contact us for more information about the safeguards we have put in place to protect your Personal Information and privacy rights in these circumstances.
Personal Information retention
13.6 We retain your Personal Information for as long as necessary to provide you with access to the Sites, or for other important purposes such as complying with legal obligations, resolving disputes, and enforcing our agreements.
13.7 If you have an Account with us, we will typically retain your Personal Information for a period of 90 days after you have requested that your Account is closed or if it's been inactive for 7 years.
Your rights
13.8 Data protection law provides you with rights in respect of Personal Information that we hold about you, including the right to request a copy of the Personal Information, request that we rectify, restrict or delete your Personal Information, object to profiling and unsubscribe from marketing communications.
(a) Access: You can request more information about the Personal Information we hold about you and request a copy of such Personal Information.
(b) Rectification: If you believe that any Personal Information we are holding about you is incorrect or incomplete, you can update your Account using the Site or request that we correct or supplement such data.
(c) Erasure: You can delete your Account via the Site or request that we erase some or all of your Personal Information from our systems.
(d) Withdrawal of Consent: If we are processing your Personal Information based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your Personal Information, if such use or disclosure is necessary to enable you to utilize some or all of Sites or services.
(e) Portability: You can ask for a copy of your Personal Information in a machine-readable format. You can also request that we transmit the data to another controller where technically feasible.
(f) Objection: You can contact us to let us know that you object to the further use or disclosure of your Personal Information for certain purposes, such as for direct marketing purposes.
(g) Restriction of Processing: You can ask us to restrict further processing of your Personal Information.
(h) Right to File Complaint: You have the right to lodge a complaint about our practices with respect to your Personal Information with the supervisory authority of your country or EU member state.
13.9 To exercise any of your rights you may use the features enabling the exercise of such rights that are made available on the Site or you may contact us.
13.10 Please note that requests to exercise data protection rights will be assessed by us on a case-by-case basis. There may be circumstances where we are not legally required to comply with your request because of the laws in your jurisdiction or because of exemptions provided for in data protection legislation.
Data controller and a data processor
13.11 EU data protection law makes a distinction between organisations that process Personal Information for their own purposes (known as "data controllers") and organisations that process Personal Information on behalf of other organisations (known as "data processors"). If you have a question or complaint about how your Personal Information is handled, these should always be directed to the relevant data controller since they are the ones with primary responsibility for your Personal Information.
13.12 We act as a data controller for all Personal Information, unless stated otherwise.
14.1 For further information about our Privacy Policy or practices, or to access or correct your Personal Information, or make a complaint, please contact us using the email address set out below:
privacy@ramenlife.co