This site is owned and operated by The Nokturnl (WA) Pty Ltd (ACN 648 688 233) trading as “The Nokturnl, Lotus, and Cypher” (referred to as “The Nokturnl”, “we”, “us” and “our”). Your privacy is of the utmost importance to us. At The Nokturnl we want to make your experience satisfying and safe.
We respect your right to privacy and we aim to ensure you have a trustworthy experience with us, including when using our websites, visiting our venues and booking with us. We understand that you care about how your personal information is used by us, and we want to share with you the policies and practices we’ve adopted. This way you can feel confident about how we handle your personal information that you entrust to us.
What Is Personal Information?
“Personal information” is information or an opinion that is capable of reasonably identifying you, whether that information or opinion is true or not and whether the information or opinion is recorded in a material form or not.
How We Collect Or Generate Your Personal Information
This section sets out the ways in which we may collect or generate personal information concerning you, as well as other information which may not identify you personally.
Visiting our website
By visiting and using our websites, you or your computer or device may provide personal information and other information. This includes: information which is automatically provided by your browser to our servers; information recorded on our web servers about your interaction with our website and pages viewed; geolocation data if your device is geolocation enabled; information we capture or place on your computer or generate using cookies or other technologies on our website; and information you input into forms and fields on our website.
Information you provide
Your personal information will include information you provide (or later amend), whether: from correspondence with you; verbally to us over the phone or in person; by filling in any field or form on a website; by posting on any of our social media channels; by posting on any forum referencing us; by filling in any printed or online form we provide you; by e-mail; from documents you provide; and from updates to any information you provide from time to time. This includes when you: register or subscribe for any service, account, members, or loyalty program; purchase a gift certificate or make an enquiry or booking whether in person, by phone, through our websites or otherwise; purchase tickets to any event we organise; send us your comments or suggestions; subscribe to any newsletter or other publication; and request sales and advertising information, including brochures.
If you do not provide us with your personal information, we may be unable to provide you with, for example, the information you require or make a booking on your behalf.
Information obtained from third parties
We may obtain personal information concerning you from third parties, including from: people making enquiries or bookings on your behalf, providers of any meetings or event services which are enquired about or booked with us, and people referencing you in posts on our social media channels. Examples of third parties are provided below.
One of our online booking systems is provided by a third party. We collect the personal information you provide in respect of a booking made via this system, such as your name, email address and phone number. We may also obtain personal information from a third party, which provides a location-based customer intelligence platform which enables us to see what is happening on our social media pages, as well as at our venues when customers have enabled geolocation on their device and make a social media post while at our venues. Please note that our venues offer WiFi services which are provided by a third party. We may also collect your personal information from our commercial partners in respect of ventures we operate together. This includes any events held across our venue.
Our venues may scan an individual’s ID (such as a driver’s licence or proof of age card) at entry points as a security measure and to comply with licensing requirements. These ID scanning services are provided by third parties. Your personal information which may be collected by these third parties includes, for example, your name, gender, date of birth, type of ID, identification number and photo. In some circumstances we may access personal information collected by these third party scanning services if, for example, you are subject to a banning order.
Cookies collect information that includes the server your computer or device is logged onto, your browser type and how you gained entry to our website. Therefore, when you visit our websites anonymously, details are recorded about your visit, such as time and date, pages accessed and time spent on the website, in addition to the matters described above. This information is used in an anonymous form for statistical purposes and, as such, cannot be used to identify you individually. A cookie cannot retrieve any other information from your hard drive, pass on computer viruses or capture your email address or any other personally identifiable information. You should note that accepting cookies is required if you want to view our websites, because they are essential for our site administration and security. You may disable cookies or set your browser to alert you when cookies are being sent. If you do disable cookies, we may be unable to optimise your visit to our site and you may experience some errors. Refer to your browser instructions or help screens to learn about these functions. If you reject all cookies, you may not be able to use our websites.
What Types Of Personal Information Do We Process?
This section summarises the types of personal information that we process:
Information concerning you as an individual
Personal information collected may include, for example, your name, age, photograph, gender, address, phone number, fax number, e-mail address, social networking contact details and any other information provided to us by or in relation to you which concern you as an individual. For example, you may be requested to provide ID when visiting one of our venues.
Electronic newsletters (Dispatches) – We offer a free electronic newsletter to users. The Nokturnl gathers the email addresses of users who voluntarily subscribe. Users may remove themselves from this mailing list by following the link provided in every newsletter that points users to the subscription management page. Users can also subscribe to the newsletters at the time of registering with any of our websites.
If you are an individual associated with a business or other organisation that is our customer, then your personal information may include the following information that we link to you: business or organisation details (such as name, address, telephone numbers, payment arrangements, financial information, etc.), your relationship with that business or organisation (such as owner, partner, director, shareholder, employee, or agent), and your contact details within that business (such as work address, work telephone and mobile numbers, work fax number, and work e-mail address).
Information collected or generated out of any surveys we conduct.
Feedback and user-generated content (UGC)
Feedback or content submitted by you in relation to services we provide.
Information collected or generated out of any competitions or promotions we run. Our competitions and promotions are usually subject to their own terms and conditions, which may also address additional privacy matters.
Account, registration and loyalty information
Information concerning any accounts, registrations, or memberships with us, or participation in any loyalty program.
Correspondence, communications and messages, including between you and us, and between us and third parties, including relating to any booking or booking enquiry, or performance of any contract.
Any information (including your social media user details, feedback, comments and photos) you post on our social media channels or any forum which relates to us.
Website usage information
We may collect information about your visits to, browsing of, and use of our websites, unless your web browser blocks this. The range of information we collect will depend on how you interact with our websites.
Additional website information which is collected may also include: information inputted into forms and field; registrations for any accounts, forum, feedback mechanism, social functionality, newsletters or other features of our site; usernames and passwords, log-in / out history, and settings; actions taken within any account or other registration, including view and update and changes to settings; and posts to any forum, feedback, review or other social functionality on our websites.
Users of the site’s Message Boards and Forums must register separately for these services (both are free of charge) in order to post messages, although they needn’t register to visit the site. During registration, the user is required to supply a username, password, and email address.
What Do We Use Your Personal Information For?
This section sets out the uses which we make of your personal information:
Operate our websites
To operate and provide the search, booking, accounts, review, forums and other services, facilities and functions of our websites. This includes customising your online experience by providing you with more relevant online offers and updates, managing any accounts or registrations you have with our websites and making changes to your settings and profile at your request.
Provide information and respond to enquiries
To provide information to you about our websites, systems and services, including to respond to booking enquiries and searches for restaurants, meetings, events or weddings, and to keep you updated generally.
Bookings and other contracts
To enable you to make bookings, redeem gift certificates and to fulfil, provide, perform, administer, manage, and enforce all bookings, orders, and other contracts which relate to you, and to process any transactions authorised or made with us which relate to you.
To collect and make payments due and administer our accounts.
Communication with customers
To communicate with you concerning any enquiries, bookings, hospitality services provided, problems and complaints, and to respond to any submissions, enquiries or requests from you.
To keep internal records and maintain reasonable archives, including in respect of enquiries, bookings, contracts, hospitality services, and complaints.
Manage and improve our business
To analyse, audit, provide, operate, administer, maintain and improve our business, websites, systems, and services; to carry out surveys and analyse the results; to run promotions and competitions; for security purposes at venues; to prevent fraud and/or identify and investigate suspicious transactions; to undertake product or customer research/development; to assist us in and help us to improve our sales, editorial, advertising and marketing processes; to carry out other business development and improvement activities; and to provide training to our staff, sub-contractors and suppliers. For example, we may use your personal information to help us profile how our customers generally are using our websites. We may also use this information to ascertain interests so that we can better tailor our business offerings.
To carry out direct marketing to you. See below for further information.
User Generated Content (UGC)
Use of Reviews: By submitting UGC to our websites by electronic mail, posting on our websites or otherwise, including any reviews, questions, comments, suggestions, ideas, photos or the like contained in any submissions (collectively, “Submissions”), you grant The Nokturnl and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission.
Use of User Generated Content (UGC): By submitting UGC to our social media channels or websites you grant us a non-exclusive licence to use the Submissions you add to our websites. For example, we may use this information in any of our brochures or for our campaigning purposes or marketing materials.
To report aggregate information concerning usage of our websites to our advertisers. We normally create anonymous statistical information about browsing actions and patterns, and do not identify any individual.
To meet our legal obligations including, for example, to comply with licensing requirements under the Liquor Control Act 1988 (WA).
Anything you have specifically consented to
Any purpose for which we have obtained your consent.
Use Of Your Personal Information For Direct Marketing
We do not use or disclose your personal information for direct marketing purposes unless we have obtained your consent to this, such as through an opt-in tick box on any form or website of ours.
Direct marketing by us
Where you have consented to this, we may use your personal information to carry out direct marketing and send you marketing messages, materials, adverts and promotions relating to hospitality services we provide.
We give you options wherever necessary and/or practical. Such choices include:
” opting in to register to receive our electronic newsletters; and
” opting not to participate in certain interactive areas, which alleviates the need to gather any personally identifiable information from you.
You have the right to ask us to stop using your personal information to carry out direct marketing to you. To opt-out of receiving direct marketing from us, please follow the instructions detailed at the bottom of all our email marketing communications or email us at firstname.lastname@example.org In any e-mail you send, we would ask you to insert “unsubscribe” as the subject heading.
To whom will we disclose your personal information?
The Nokturnl uses the above-described information to tailor our content to suit your needs and help our advertisers better understand our audience’s demographics. This is essential to keeping our service free.
The Nokturnl operates secure data networks protected by industry standard firewall and password protection systems. Our security and privacy policies are periodically reviewed and enhanced as necessary and only authorized individuals have access to the information provided by our customers.
The personal information we collect from you online is stored by us and/or our service providers on databases protected through a combination of physical and electronic access controls, firewall technology and other reasonable security measures
Third Party Links
How Long Do We Keep Your Personal Information For?
We keep your personal information for so long as reasonably necessary for the purposes for which we use it, and if longer, for any duration required by law, and for statutory claims limitation periods where your personal information may be relevant to any possible liability we may have to you.
What Laws We Comply With
We process your personal information in accordance with the following privacy law(s): the Australian Privacy Principles contained in the Privacy Act, 1988 which regulates the handling of personal information about individuals. This includes the collection, use, storage and disclosure of personal information. Our regulator is the Office of the Australian Information Commissioner (OAIC) (http://www.oaic.gov.au/).
We also comply generally with the laws of Australia in relation to the processing of your personal information, and not any other laws.
Requests for Access and Correction
You are entitled to access and correct the personal information we hold about you and to have any inaccuracies in the information corrected. However, in order to maintain the accuracy of your personal information, we rely on the quality of the personal information you provide to us.
If you would like to access, update or correct any of the personal information we hold about you, you may do so using the Contact Details below and informing us that you wish to access or correct your personal information.
There are some circumstances specified by law where we may refuse your request for access to and/or the correction of your personal information. However, if one of these circumstances applies, we will provide you with a written explanation of the reasons for refusal, unless it would be unreasonable to provide that notice.
Once we receive your request for access or correction, we will endeavour to respond to your request within a reasonable period after the request is made. We may also charge reasonable costs for responding to your request.
If you have any concerns or a complaint about a breach of your privacy or the way we have handled your personal information, please contact us using the Contact Details below and inform us of the nature of your complaint.
We will then investigate your complaint and endeavour to provide you with our response within a reasonable time. If, after receiving our response you still consider that your privacy complaint remains unresolved, you may then, for example, refer your concern to the Office of the Australian Information Commissioner at www.oaic.gov.au.
521-525 Beaufort Street
Highgate WA 6003
Applicable Law And Disputes
This Policy is subject to the law of Australia. You may obtain further information regarding privacy issues in Australia by visiting the Australian Information Commissioner’s website at www.oaic.gov.au.