Privacy Policy

1. About this Policy

This Privacy Policy explains how Avermind collects, uses, stores, and discloses personal information when you use our platform, including the websites and online ordering and reservation pages we host for businesses, the dashboard, the HUB app, our APIs, and our AI assistant services (collectively, the "Service").

Avermind is operated by Mattijs Spierings, trading as Avermind (ABN: 63 990 397 854) ("we", "us", "our").

We are committed to protecting your privacy in accordance with the Australian Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs).

2. Information We Collect

We collect the following types of personal information:

2.1 Information you provide

• Account information: Your name, email address, phone number, and company name when you register for an account.
• Business details: Your business name, ABN, business and billing address, and billing email.
• Payment information: When you upgrade to a paid plan, your card details are collected and processed by our payment provider, Stripe. We do not store, process, or have access to your full card details at any time.
• Business content: Your menus, opening hours, website content, and the information you provide to configure how the AI assistant responds on your behalf.
• Staff information: Names and login details of staff you give access to the dashboard or HUB app and, if you use staff time tracking, their clock-in and clock-out times.

2.2 Information collected through the Service

• Orders, reservations and vouchers: Details of orders, reservations and gift vouchers your customers place through your website, ordering pages or AI phone assistant (see Section 5).
• Call data: Phone calls handled by the AI phone assistant may be recorded and transcribed. This includes caller details (such as name and phone number) and the details of the order, reservation or question discussed during the call.
• Support tickets: Where the AI assistant creates support tickets, caller contact details and issue summaries are stored to support your customer service.

2.3 Information collected automatically

• Usage data: We use Google Analytics to collect information about how you interact with our website, including pages visited, time spent on pages, and referring URLs.
• Device information: Browser type, operating system, screen resolution, and IP address.
• Cookies: See Section 8 (Cookies) for details.

3. How We Use Your Information

We use your personal information for the following purposes:

• To provide, operate, and maintain the Service.
• To create and manage your account.
• To process payments and send billing-related communications.
• To host your website and process the orders, reservations and voucher purchases your customers make.
• To handle phone calls and create orders, reservations and support tickets on your behalf.
• To send order, reservation and voucher confirmations to your customers on your behalf.
• To detect and prevent fraud and abuse, for example on checkout pages.
• To communicate with you about your account, including service notifications and important updates.
• To analyse usage patterns and improve the Service.
• To comply with legal obligations.

We will not use your personal information for direct marketing without your explicit consent.

4. Your Customers' and Callers' Information

When your customers order, book, buy vouchers or call your AI phone assistant through the Service, their personal information is collected and stored so you can serve them.

In this context, you are the data controller and Avermind acts as a data processor. We handle your customers' and callers' information on your behalf and according to your instructions. You are responsible for:

• Informing your callers about any recording or AI interaction where required by law.
• Only sending promotional messages to customers who have consented to receive them.
• Ensuring your use of your customers' data complies with your own privacy obligations.
• Responding to any access, correction, or deletion requests from your customers regarding their personal information.

We will not use your customers' or callers' information for any purpose other than providing the Service to you.

5. End Customer Transactional Notifications

When an end customer places an order, makes a reservation, or purchases a gift voucher through a restaurant or business powered by Avermind, the following personal information is collected at checkout:

• Name and phone number: Required, so the restaurant or business can contact the customer regarding their order or reservation.
• Email address: Optional (except for gift voucher recipient delivery, where it is required). Used to send a transactional confirmation of the order, reservation, or voucher.
• Delivery address: For delivery orders, so the order can be delivered.
• Order and reservation details: The items ordered, requested times, party size, and any notes the customer adds (which may include dietary or allergy information).

Online payments are processed by the restaurant's or business's own payment provider (such as Stripe or Square). We do not store or have access to full card numbers.

Where the restaurant or business has enabled SMS notifications, a transactional SMS confirmation may also be sent to the phone number provided.

This information is shared with the relevant restaurant or business for the purpose of fulfilling the order or reservation. We do not use end customer contact details for marketing or any purpose beyond fulfilment and notification, except where the restaurant or business directs us to send marketing communications on their behalf to a customer who has given that restaurant or business explicit consent to receive them.

6. Disclosure of Information

We do not sell your personal information or your customers' or callers' personal information to third parties.

We may share your information with the following categories of third parties, solely to operate the Service:

• Payment providers: Stripe, for processing our subscription billing, and the payment provider a restaurant or business has connected (such as Stripe or Square), for processing their customers' payments.
• AI processing providers: To power the AI assistant functionality.
• Telephony providers: To facilitate phone call handling.
• Email and SMS providers: To send account emails, invoices, and order, reservation and voucher confirmations.
• Fraud prevention providers: Such as Google reCAPTCHA, to protect checkout pages from abuse.
• The restaurant or business: End customers' order, reservation and voucher details are shared with the restaurant or business they are dealing with.
• Cloud infrastructure providers: For secure data storage and hosting.
• Analytics provider: Google Analytics, for website usage analysis.

We may also disclose your information if required by law, regulation, legal process, or government request.

7. Data Security

We take reasonable steps to protect your personal information from misuse, interference, loss, unauthorised access, modification, and disclosure. These measures include:

• Encryption in transit (TLS) and at rest for all personal data.
• Access restricted to authorised personnel and systems required to operate the Service.
• Secure cloud infrastructure for data storage.

While we take reasonable precautions, no method of transmission over the internet or electronic storage is completely secure. We cannot guarantee absolute security of your information.

8. Cookies

Our website uses cookies and similar technologies to improve your experience and analyse usage. These include:

• Essential cookies: Required for the website and dashboard to function correctly (e.g., session management, authentication).
• Analytics cookies: Used by Google Analytics to collect anonymous usage data. These help us understand how visitors interact with our website so we can improve it.

You can control cookies through your browser settings. Disabling essential cookies may affect the functionality of the Service. For more information about how Google Analytics uses your data, visit Google's Privacy Policy.

You can opt out of Google Analytics by installing the Google Analytics Opt-out Browser Add-on.

9. Data Retention

We retain your personal information for as long as your account is active and for a reasonable period after cancellation to:

• Comply with legal and regulatory obligations.
• Resolve disputes and enforce our agreements.
• Maintain business records as required by law.

You may request deletion of your data at any time by contacting us at support@avermind.ai.

10. Overseas Disclosure

We store the Service's data in Australia. AI processing (for example, for the AI phone assistant) takes place in Australia or Japan.

Some of our other third-party service providers, such as our payment, analytics and fraud prevention providers (for example Stripe and Google), may process data in other countries, including the United States. Where information is disclosed overseas, we take reasonable steps to ensure that overseas recipients handle it in accordance with the Australian Privacy Principles.

11. Your Rights

Under the Australian Privacy Principles, you have the right to:

• Access the personal information we hold about you.
• Correct any personal information that is inaccurate, out of date, incomplete, or misleading.
• Request deletion of your personal information, subject to any legal obligations we may have to retain it.
• Complain if you believe we have breached the Australian Privacy Principles.

To exercise any of these rights, contact us at support@avermind.ai. We will respond to your request within 30 days.

If you are not satisfied with our response, you may lodge a complaint with the Office of the Australian Information Commissioner (OAIC).

12. Changes to this Policy

We may update this Privacy Policy from time to time. If we make material changes, we will notify you via email or through the Service. The "Last updated" date at the top of this page indicates when the policy was last revised.

Your continued use of the Service after changes take effect constitutes acceptance of the updated Privacy Policy.

13. Contact Us

If you have any questions about this Privacy Policy or how we handle your personal information, please contact us:

Email: support@avermind.ai