Privacy

Privacy Policy

We understand that protecting your personal information is important. This Privacy Policy sets out our commitment to protecting the privacy of personal information provided to us, or otherwise collected by us, offline or online, including through our services, website and mobile application (Services). In this Privacy Policy we, us or our means Liven Pty Ltd ACN 161 315 519.

Section A: General Policy

1. Personal Information

The kinds of Personal Information we collect will depend on the type of interaction you have with us. Generally, the kinds of Personal Information we collect may include:

your name, address (postal and residential), email address, telephone number(s), date of birth and gender when you register with us and download our;
your preferences for our or our Merchants’ products or services or NPOs that you provide to us when you use our Website or App;
information from third party sources such as our Merchants and NPOs, data providers and credit organisations, where permitted by law;
details of the device you have used to access any part of our Website or App, including carrier/operating system, connection type, IP address, mobile payment methods, interaction with other retail technology such as use of NFC Tags, QR Codes or use of mobile vouchers which information may be collected and used by us automatically if you use our Website or the App, through the browser on your device or otherwise;
demographic information;
location data;
details as to whether you have taken up any of our or our Merchants’ offers;
your connections with others whose personal information we may collect or hold;
Personal Information regarding your friends and contacts if you participate in Liven’s Refer & Earn program or otherwise connect your contact list information on your device with your account or establish an account connection between a social media platform and your account;
credit card, debit card, PayPal, AliPay, WeChat Pay or any other online payment methods or gateways and direct debit details for your bank account in order to process the transactions on the App;
your digital asset wallet address, if you request to withdraw LVN tokens; and
transaction details relating to your use of our products, services or rewards.

Your telephone calls to us may also be recorded for training and quality assurance purposes.

Records of transactions made in respect of LVN Token obtained by you may be recorded on the distributed public ledger, and may be accessible by Liven and other third parties. For example, if you withdraw tokens from the App to a third-party wallet or a cold storage/paper wallet, a record of that transaction and any subsequent transactions you make using that wallet may be visible to third parties inspecting the public blockchain records. These records do not contain your Personal Information, but may contain information such as your coded wallet address, the amount of LVN Tokens transferred and the date of the transaction.

We may collect these types of personal information directly from you or from third parties.

2. Collection and Use of Personal Information

The purposes for which we collect and hold your Personal Information include:

to deliver our products and services to you;
to confirm your identity and process your transactions through our App;
to enable Merchants with whom you have made a purchase or NPO to whom you wish to donate LVN Token through our App to contact you where necessary concerning their services, for example, a Merchant providing you with an update on the status of your purchase or an NPO updating you regarding their activities;
in connection with your attendance or participation in functions, events or activities conducted by us or our Merchants or NPOs;
to manage our relationship with you, evaluate our business performance and build our customer database;
to provide you with information about our products, services, functions, events or activities, including location specific offers where you elect to share your location with us on your device;
to enable you to participate in any bounty promotion, competition, survey and/or enable you to subscribe to mailing lists/newsletters and interact or follow our social media pages, including but not limited to, Twitter, Telegram, Facebook and Instagram;
to respond to your requests and seek your feedback;
to conduct research, compare information for accuracy and verification purposes, compile or analyse statistics relevant to the operations of our business;
to facilitate our internal business operations, including fulfilment of any legal and regulatory requirements and monitoring, analysing and improving the performance and functionality of our Website and App and investigating breaches of or enforcement of any legal terms applicable to our Website or the App;
to protect our property, the Website, App or our legal rights including to create backups of our business records;
to manage risk and protect our Website and App from fraud by verifying your identity and helping to detect and prevent fraudulent use of our Website and App;
for the direct marketing purposes as set out below; and
to manage our business, including analysing data collected from our Website and App concerning visits and activities of users on our Website and App. This analysis helps us run our Website and App more efficiently and improve and personalise your experience online. We use information from third party services such as Google Analytics to help further improve your experience in using our Website or App.

3. How We Collect Personal Information

We usually collect and store information in paper, physical and electronic form provided by you in person or when you communicate with us by telephone, email, web-based form, letter, facsimile or other means, including when:

you contact us over the phone;
we provide you with our services via telephone, email, our Website or our App;
we provide you with assistance or support for our products or services;
you participate in our functions, events or activities or on our social media pages;
you request that we provide you with information concerning our products or services;
you upload or submit information to access a rewards program or to submit a review; or
You complete any forms requesting information from you, including on registration with us, complete any survey or provide feedback to us concerning our products or services.

Where practicable we will only collect information from you personally. However, we will also collect your Personal Information through our Merchants, affiliated NPOs and third parties who supply services to us.
Where practicable we will only collect information from you personally. However, we will also collect your Personal Information through our Merchants, affiliated NPOs and third parties who supply services to us.
Where practicable we will only collect information from you personally. However, we will also collect your Personal Information through our Merchants, affiliated NPOs and third parties who supply services to us.
Please note that we use our own and third party computer servers including our Website hosts, data backups and payment gateway(s), which may be located overseas including to Singapore, Japan, United States of America, Brazil, Germany and Ireland and your Personal Information will likely be stored and transmitted overseas as part of the normal operation of our business.
We also collect information from your computer or mobile device automatically when you browse our Website or use our App. This information may include:

the date and time of your visit;
your domain;
locality;
operating system;
the server your computer or mobile is using to access our Website or App;
your browser and version number;
search terms you have entered to find our Website or access our Website or App;
pages and links you have accessed both on our Website and on other websites;
the last website you visited;
the pages of our Website that you access;
the device you use to access our App; and
your IP Address.

Where practicable we will only collect information from you personally. However, we will also collect your Personal Information through our Merchants, affiliated NPOs and third parties who supply services to us.
Where practicable we will only collect information from you personally. However, we will also collect your Personal Information through our Merchants, affiliated NPOs and third parties who supply services to us.
Where practicable we will only collect information from you personally. However, we will also collect your Personal Information through our Merchants, affiliated NPOs and third parties who supply services to us.
Please note that we use our own and third party computer servers including our Website hosts, data backups and payment gateway(s), which may be located overseas including to Singapore, Japan, United States of America, Brazil, Germany and Ireland and your Personal Information will likely be stored and transmitted overseas as part of the normal operation of our business.
While we do not use some of this information to identify personally, we may record certain information about your use of our Website and the App such as which pages you visit and the time and date of your visit.
It may be possible for us to identify you from information collected automatically from your visit(s) to our Website or App. If you have registered an account with us, we will be able to identify you through your user name and password when you log into our Website or our App. Further, if you access our Website via links in an email we have sent you, we will be able to identify you.
The device you use to access our Website and App may collect information about you including your location using longitude and latitude co-ordinates obtained through GPS, Wi-Fi or cell site triangulation. For information about your ability to restrict the collection and use of such information, please use the settings available on your device.
We may use statistical analytics software tools such as Google Analytics and software known as cookies which transmit data to third party servers located overseas including to Singapore, Japan, United States of America, Brazil, Germany and Ireland. To our knowledge, Google Analytics does not identify individual users or associate your IP Address with any other data held by Google.

4. Disclosure of Personal Information to Third Parties

We may disclose Personal Information collected from you:

to our related entities, employees, officers, agents, contractors, other companies that provide services to us, sponsors, government agencies or other third parties to satisfy the purposes for which the information was collected or for another purpose if that other purpose is closely related to the primary purpose of collection and an individual would reasonably expect us to disclose the information for that secondary purpose;
to other parties to transactions when you use the App to make a purchase or donation, or when you use the Liven Passport to check-in to a venue (such as our Merchants, participating NPOs and your credit card provider). You may opt-out from sharing your details with a particular organisation using the App or by sending an email to [email protected] specifying the name(s) of the Merchants or NPOs that you do not wish to have access to your personal information. For information regarding opting out of direct marketing using your personal information see clause 5;
to third parties, including those in the food, drink, leisure, marketing and advertising sectors, to use your information in order to let you know about goods and services which may be of interest to you in accordance with the SPAM Act 2003 (Cth) and the Privacy Act;
to third parties who help us analyse the information we collect so that we can administer, support, improve or develop our business and the services we provide to you;
if the disclosure is required by a law, or legal process, requested by a government agency or other third parties pursuant to a subpoena, court or other legal process with which we are required to comply;
to any other person, with your consent (express or implied); and
to facilitate the sale of our all or a substantial part of our assets or business or to companies with which we propose to merge or who propose to acquire us and their advisers.

Where practicable we will only collect information from you personally. However, we will also collect your Personal Information through our Merchants, affiliated NPOs and third parties who supply services to us.
In addition to the above recipients, we will disclose your Personal Information if we are required to do so under law or if the disclosure is made in connection with either the normal operation of our business in a way that you might reasonably expect, for example, if such disclosure is incidental to IT services being provided to our business or for the resolution of any dispute that arises between you and us. This disclosure may involve your Personal Information being transmitted overseas including to Singapore, Japan, United States of America, Brazil, Germany and Ireland.
We may also disclose your Personal Information if you choose to participate in online or “app” based service offerings whereby your Personal Information may be disclosed to and stored in software which is operated by a third party intermediary as part of your dealings with us. Personal Information disclosed in this manner may be transmitted offshore, including to the United States of America.
In the event of a proposed restructure or sale of our business (or part of our business) or where a company proposes to acquire or merge with us, we may disclose Personal Information to the buyer and their advisers without your consent subject to compliance with the Privacy Legislation. If we sell the business and the sale is structured as a share sale, you acknowledge that this transaction will not constitute the ‘transfer’ of Personal Information.
We will not sell, trade or rent your Personal Information to any third parties for marketing purposes without your consent.
By providing us with personal information, 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 Australian Privacy Law. You acknowledge that some overseas third parties may not be regulated by the Privacy Act and the Australian Privacy Principles in the Privacy Act and if any third party engages in any act or practice that contravenes the Australian Privacy Principles, it would not be accountable under the Privacy Act and you will not be able to seek redress under the Privacy Act.

4. Disclosure of Personal Information to Third Parties

We may disclose Personal Information collected from you:

to our related entities, employees, officers, agents, contractors, other companies that provide services to us, sponsors, government agencies or other third parties to satisfy the purposes for which the information was collected or for another purpose if that other purpose is closely related to the primary purpose of collection and an individual would reasonably expect us to disclose the information for that secondary purpose;
to other parties to transactions when you use the App to make a purchase or donation, or when you use the Liven Passport to check-in to a venue (such as our Merchants, participating NPOs and your credit card provider). You may opt-out from sharing your details with a particular organisation using the App or by sending an email to [email protected] specifying the name(s) of the Merchants or NPOs that you do not wish to have access to your personal information. For information regarding opting out of direct marketing using your personal information see clause 5;
to third parties, including those in the food, drink, leisure, marketing and advertising sectors, to use your information in order to let you know about goods and services which may be of interest to you in accordance with the SPAM Act 2003 (Cth) and the Privacy Act;
to third parties who help us analyse the information we collect so that we can administer, support, improve or develop our business and the services we provide to you;
if the disclosure is required by a law, or legal process, requested by a government agency or other third parties pursuant to a subpoena, court or other legal process with which we are required to comply;
to any other person, with your consent (express or implied); and
to facilitate the sale of our all or a substantial part of our assets or business or to companies with which we propose to merge or who propose to acquire us and their advisers.

Where practicable we will only collect information from you personally. However, we will also collect your Personal Information through our Merchants, affiliated NPOs and third parties who supply services to us.
In addition to the above recipients, we will disclose your Personal Information if we are required to do so under law or if the disclosure is made in connection with either the normal operation of our business in a way that you might reasonably expect, for example, if such disclosure is incidental to IT services being provided to our business or for the resolution of any dispute that arises between you and us. This disclosure may involve your Personal Information being transmitted overseas including to Singapore, Japan, United States of America, Brazil, Germany and Ireland.
We may also disclose your Personal Information if you choose to participate in online or “app” based service offerings whereby your Personal Information may be disclosed to and stored in software which is operated by a third party intermediary as part of your dealings with us. Personal Information disclosed in this manner may be transmitted offshore, including to the United States of America.
In the event of a proposed restructure or sale of our business (or part of our business) or where a company proposes to acquire or merge with us, we may disclose Personal Information to the buyer and their advisers without your consent subject to compliance with the Privacy Legislation. If we sell the business and the sale is structured as a share sale, you acknowledge that this transaction will not constitute the ‘transfer’ of Personal Information.
We will not sell, trade or rent your Personal Information to any third parties for marketing purposes without your consent.
By providing us with personal information, 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 Australian Privacy Law. You acknowledge that some overseas third parties may not be regulated by the Privacy Act and the Australian Privacy Principles in the Privacy Act and if any third party engages in any act or practice that contravenes the Australian Privacy Principles, it would not be accountable under the Privacy Act and you will not be able to seek redress under the Privacy Act.

5. How we use Personal Information for communicating with you and direct marketing

We may communicate with you by phone, email or SMS, and if you use our App, via push notification, to inform you about existing and new products and services that may be of interest to you.
We will ensure that any e-mail that you are sent by us as direct marketing complies with the SPAM Act 2003 (Cth) and contain an ‘unsubscribe’ option so that you can remove yourself from any further marketing communications. To opt-out of communications via SMS, reply with “STOP”. You may decline marketing messages sent by push notifications by refusing the relevant permission to our app in your phone or tablet settings, however this setting will prevent you from receiving other messages from us via push notification. You may also opt-out of receiving marketing materials from us using the contact details set out below.
You can also call or write to us to request that your details be removed from our direct marketing list. We will endeavour to remove your details from our direct marketing list within a reasonable time (ordinarily 5 working days).
Our direct marketing list may be operated by software and servers located overseas and your Personal Information may be sent overseas as part of our marketing.
We will also send communications that are required or necessary to send to users of our Website and App that contain information about important changes or developments to or the operation of the Website or App or as well as other communications you request from us. You may not opt out of receiving these communications but you may be able to adjust the media and format through which you receive these notices.

6. How We Treat Personal Information that is also Sensitive Information

Sensitive information is a sub-set of personal information that is given a higher level of protection under the Australian Privacy Principles. Sensitive information means information relating to your racial or ethnic origin, political opinions, religion, trade union or other professional associations or memberships, philosophical beliefs, sexual orientation or practices, criminal records, health information or biometric information.
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We will not collect sensitive information about you without first obtaining your consent.
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Provided you consent, your sensitive information may only be used and disclosed for purposes relating to the primary purpose for which the sensitive information was collectedSensitive information may also be used or disclosed if required or authorised by law.

7. Your Rights and Controlling Your Personal Information

Your choice: Please read this Privacy Policy carefully. If you provide personal information to us, you understand we will collect, hold, use and disclose your personal information in accordance with this Privacy Policy. You do not have to provide personal information to us, however, if you do not, it may affect your use of our Services.

Information from third parties: If we receive personal information about you from a third party, we will protect it as set out in this Privacy Policy. If you are a third party providing personal information about somebody else, you represent and warrant that you have such person’s consent to provide the personal information to us.

Anonymity: Where practicable we will give you the option of not identifying yourself or using a pseudonym in your dealings with us.

Restrict and unsubscribe: If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by contacting us using the details below. You may also unsubscribe from our e-mail database or opt-out of marketing communications by using the opt-out facilities provided in the communication.

Correction: If you believe that any information, we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details below. We will take reasonable steps to correct any information found to be inaccurate, incomplete, misleading or out of date.

Complaints: If you wish to make a complaint about how we have handled your personal information, please contact us using the details below and provide us with full details of the complaint. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take to deal with your complaint. You also have the right to contact the relevant authority.

8. Storage and Security

We will endeavour to take all reasonable steps to keep secure and protect any Personal Information which we hold about you, including:

securing our physical premises and digital storage media;
placing password protection and access control over our information technology systems and databases to limit access and protect electronic information from unauthorised interference, access, modification and disclosure; and
taking regular back-ups of our electronic systems.

Where practicable we will only collect information from you personally. However, we will also collect your Personal Information through our Merchants, affiliated NPOs and third parties who supply services to us.
Notwithstanding that we will take all reasonable steps to keep your Personal Information secure, data transmission over the internet is never guaranteed to be completely secure. We do not warrant the security of any information you transmit to us or from any online services.
Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that the personal information we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.

9. Cookies and Web Beacons

When you visit our Website, the website of any Merchant or NPO or use the App, we and our Merchants and NPOs may use cookies and other tracking technology (Cookies) to recognise you and customise your online experience. Cookies are small files that store information on your computer, mobile phone or other device. They enable us to recognise you across different websites, services, devices and/or browsing sessions. Cookies also assist us to customise online content and advertising, save your preferences for future visits to the Website or App, measure the effectiveness of our promotions, prevent potential fraud and analyse your and other users’ interactions with the Website and App.
If you do not wish to grant us the right to use cookies to gather information about you while you are using our Website or our App, then you may set your browser settings to delete, disable or block certain Cookies.
You may be requested to consent to use of Cookies when you access certain parts of our Website or App, for example, when you are asked if you want the Website or App to “remember” certain things about you.
Certain aspects and features of the Website and App are only available through use of Cookies. If you disable Cookies, your use of the Website and App may be limited or not possible or parts of our Website or App may not function properly when you use them.

10. Links to Other Websites

Our Services may contain links to other websites. We do not have any control over those websites and we are not responsible for the protection and privacy of any personal information which you provide whilst visiting those websites. Those websites are not governed by this Privacy Policy.

11. Amendments

We may, at any time and at our discretion, vary this Privacy Policy by publishing the amended Privacy Policy on our website. We recommend you check our website regularly to ensure you are aware of our current Privacy Policy.

12. How to Access or Correct your Personal Information or Make an Enquiry or Complaint

If you have any queries in relation to this policy, you wish to access or correct the Personal Information we hold about you, or make a complaint, please contact us in writing by emailing [email protected]; or by mail addressed to The Privacy Officer, Liven Pty Ltd, Lvl 19/15 William Street, Melbourne 3000, Victoria, Australia.
We aim to acknowledge receipt of all privacy complaints from you within 5 working days and resolve all complaints within 30 working days. Where we cannot resolve a complaint within that period, we will notify you of the reason for the delay as well as advising the time by which we expect to resolve the complaint.
In order to disclose information to you in response to a request for access we may require you to provide us with certain information to verify your identity. There are exceptions under the Privacy Legislation which may affect your right to access your Personal Information – these exceptions include where (amongst other things):

access would pose a serious threat to the life, health or safety of any individual;
access would have an unreasonable impact on the privacy of others;
the request for access is frivolous or vexatious;
the information relates to existing or anticipated legal proceedings between you and us and the information would not otherwise be accessible by the process of discovery;
giving access would reveal the intentions of the entity in relation to negotiations with you;
giving access would be unlawful;
denying access is required or authorised by or under an Australia law or a court/tribunal;
the information relates to commercial sensitive decision-making process; or
giving access would prejudice enforcement related action.

Where practicable we will only collect information from you personally. However, we will also collect your Personal Information through our Merchants, affiliated NPOs and third parties who supply services to us.
Notwithstanding that we will take all reasonable steps to keep your Personal Information secure, data transmission over the internet is never guaranteed to be completely secure. We do not warrant the security of any information you transmit to us or from any online services.
Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that the personal information we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.
We may (depending on the request) charge you a fee to access the Personal Information. We will inform you of any fees payable in respect of accessing your Personal Information prior to actioning your request. All requests for Personal Information will be handled in a reasonable period of time (within 30 days after the request is made).
If you wish to have your Personal Information deleted, please contact us using the details above and we will take reasonable steps to delete the information (unless we are obliged to keep it for legal or auditing purposes).
In the event that you believe that there has been a breach of the Privacy Legislation, we invite you to contact us as soon as possible.
If you are not satisfied with our handling of a complaint or the outcome of a complaint you may make an application to the Office of the Australian Information Commissioner or the Privacy Commissioner in your State or Territory.

13. Definitions Used in this Policy

App means the application operated by us.
Australian Privacy Principles or APPs means the principles set out in Schedule 1 to the Privacy Act.
IP Address means a number automatically assigned to your computer which is required when you are using the internet and which may be able to be used to identify you.
Liven Passport means the QR code based venue check-in solution developed and operated by Liven
LVN or LVN Tokens means the cryptographic reward tokens known by the ticker LVN or the name LVN Tokens or Liven Coins or such other name as we may determine.
Merchant means a merchant listed on our App or on our Website that accepts payments made via the App.
NPO means a not-for-profit organisation or a community group that is listed on our App or our Website as a beneficiary of donations made by the users via the App.
Personal Information has the meaning set out in the Privacy Act.
Privacy Act means the Privacy Act 1988 (Cth) as amended from time to time.
Privacy Legislation means such laws as may place requirements on the handling of Personal Information under the Privacy Act and the Australian Privacy Principles.
Third Party Sites means online websites or services that we do not own or control, including websites of our Merchants and affiliated NPOs.
Website means https://www.liven.com.au, https://www.livenpay.io and/or any other website as we may operate from time to time.
we, our, us and similar terms means Liven Pty Ltd ACN 161 315 519 and our related entities.
you, your and similar terms means, as the context requires (1) you, when you use our Website or App; and/or (2) you, during your dealings with us as a customer; and/or (3) any agent providing your Personal information to us; and/or (4) any agent dealing with us on your behalf.

Section B: Supplementary Privacy Policy for Liven Passport

This section describes the Privacy Policy with respect to handling of the Personal Information when a Liven app user uses the Liven Passport to check-in to a restaurant.

14. Purpose of Collection via Liven Passport

Due to the COVID-19 pandemic, restaurants and other venues are required by law to keep a record of all staff, patrons and contractors visiting their premises. The primary purpose of data collection via the Liven Passport is to assist the restaurants to comply with the relevant COVID-19 contact tracing law. This Supplementary Privacy Policy sets out our commitment to protecting the privacy of personal information shared by us with the restaurant you are visiting.

15. Personal Information

When using the Liven Passport to check-in to the restaurant, the Personal Information we collect and share with the restaurants may include your name, phone number, email address and entry time.
There are significant penalties for restaurants that fail to comply with the law. Accordingly the restaurant may refuse entry or provision of service at their discretion if you do not provide valid Personal Information.

16. Disclosure of Personal Information

The Personal Information collected via the Liven Passport will be shared with the restaurant and will only be disclosed to a governmental health authority that is responsible for the management of pandemic contact tracing ("Authorised Agency") when they request it for contact tracing purposes.
We will not sell, trade or rent your Personal Information to any other third parties for marketing purposes without your consent.
However, if you choose to participate in any promotion by the restaurant or any other promotor (including agreeing to join a mailing list or newsletter) your Personal Information may be disclosed to the relevant promoter which will be subject to the promoter's privacy policy in respect of such a promotion. We strongly recommend that you review the promoter's privacy policy before you agree to join their mailing list.

17. Data Retention

We will endeavour to take all reasonable steps to keep secure and protect any Personal Information which we hold about you, iWhen we share your Personal Information with the restaurants, they are required to destroy the information after 28 days by law unless:ncluding:

a longer minimum data retention period is required by law; or
you consented to your Personal Information being made available pursuant to Clause 16(3) above.

Where practicable we will only collect information from you personally. However, we will also collect your Personal Information through our Merchants, affiliated NPOs and third parties who supply services to us.
Although we take measures to safeguard against unauthorised disclosure or access of your Personal Information (for example, we require all our restaurant partners to comply with the APPs and the Privacy Act, and we also remove the restaurant's access to your Personal Information 28 days after it was shared with the restaurant pursuant to Clause 16(1)), we cannot assure you that the Personal Information held by the restaurants will not be disclosed in a manner that is inconsistent with this Privacy Policy.

For any questions or notices, please contact our Privacy Officer at:

Last updated: 04 March 2021