Global Picklr Network Consent

GLOBAL PICKLR NETWORK CONSENT

Effective on the date you accept the terms of this consent.

1. Overview

• For the purpose of this ‘Global Picklr Network Consent’:
  • “Picklr Australia”, “we“, “us“, “our” means:
    1. the Master Franchisee and its current and future related group companies; and
    2. the Australian Subfranchisees;
  • “Master Franchisee” means TPM Partners Pty Ltd ACN 687 497 276;
  • “Data Systems” means any centralised customer relationship management systems and any other software systems, which:
    1. stores your (and all Picklr Australia members’) personal information; and
    2. is accessible only to those entities and their personnel in Australia and around the world who operate within the Global Picklr Network and who have been authorised by the Picklr US Operator with such access, for one or more purposes set out in this consent, who require access for legitimate business functions (such as membership management, marketing, customer service and administration);
  • the “Global Picklr Network” means all entities and their personnel in Australia and around the world who operate within ‘The Picklr’ franchise network, including but not limited to, Picklr Australia and its master franchisor in Australia, the Master Franchisor’s head franchisor (being, Picklr, Inc., who is based in the US) and each of its master franchisees, franchisees, sub-franchisees and affiliate entities (situated in the US or anywhere in the world), and a “Global Picklr Entity” means any one of those entities and their personnel.
• This Global Picklr Network Consent explains how your personal information may be collected, used and disclosed to other entities, including overseas entities, within the Global Picklr Network, in addition to the collection activities described in the ‘Personal Information Collection Notice’ (available here: https://thepicklr.au/collection-notice/). This Global Picklr Network Consent must be read alongside the Personal Information Collection Notice.
• Paragraphs 1(b), 1(d), 2 to 7 (inclusive) of the Personal Information Collection Notice apply in full to this Global Picklr Network Consent.

2. Who may receive your information overseas and why

• Picklr Australia and other overseas Global Picklr Entities operate or have access to the Data Systems, which are controlled by, or under the direction of, the head franchisor of the Global Picklr Network based in the US, Picklr, Inc. (or an entity under the control of it) (Picklr US Operator). The Data Systems are licensed from third-party software providers, including (but not limited to), Hubspot, PlayByPoint and any other third-party software providers in addition to or succeeding the existing software providers.
• To assist with the operation of the Global Picklr Network, we and our sub-franchisees may, from time to time, upload your personal information to the Data Systems.
• The Picklr US Operator may, from time to time, grant access to the Data Systems to its nominee Global Picklr Entities with an authorisation to access and use your personal information for the same purposes set out in paragraph 3(a) of the Personal Information Collection Notice in the event you decide in the future to attend or receive the relevant services from another Picklr venue in the Global Picklr Network (whether in Australia or overseas) or otherwise to provideinformation to third parties as authorised or required by law.

3. Consent to sharing personal information to Global Picklr Entities, including those overseas

Without limiting the Personal Information Collection Notice, for the purpose of clause 8.2(b) of the Australian Privacy Principles (APPs), we expressly inform you, and you consent and agree that:

• APP 8.1 will not apply to any disclosure of your personal information to overseas Global Picklr Entities;
• some or all of the Global Picklr Entities may not be subject to a law, binding scheme or binding contract that provides substantially similar protection to the APPs which you can access and enforce;
• the Global Picklr Entities may not be accountable, and you may therefore not be able to seek redress, under the Privacy Act. You may also not be able to seek redress in the relevant overseas jurisdiction; and
• some or all of the Global Picklr Entities may be subject to a foreign law that could compel the disclosure of the personal information to a third-party, such as an overseas authority.

By agreeing to this Global Picklr Network Consent, you consent to us sharing your personal information with other Global Picklr Entities (including those located overseas), through the Data Systems, for the purpose(s) set out in this consent

4. Consequence of not providing or withdrawing consent

If you do not provide, or later withdraw, your consent then we (or any foreign Global Picklr Entity) may:

• be unable to provide you with our (or the Global Picklr Entities’) services; and
• terminate or suspend any current membership agreement that you have with us, subject to and in accordance with its terms.