Privacy Policy & Terms of Use

1. Introduction

1.1 This Privacy Policy sets out how Chef’s Pencil collects and manages your personal information.

1.2 It applies to all your dealings with us, whether through telephone, email or visiting the Chef’s Pencil Website.  By dealing with us you agree to the Privacy Policy.

1.3 Chef’s Pencil is bound by and complies with the National Privacy Principals set out in the Privacy Act 1988 (Cth).

2. Collection

2.1 Information will be collected by Chef’s Pencil when you sign up for a free account. If you want to contact Chef’s Pencil, our contact details are on our contact page.

2.2 You are entitled to request a copy of the information collected from you.

2.3 The type of information collected when you become a member of Chef’s Pencil includes your name, country of residence, email address password and any other data you provide at sign up or on your profile.

2.4 At your own discretion and timing, you may choose to post additional information including but not limited to your own recipes, articles, blogs, ratings, comments, photographs and videos.  By doing so you consent to Chef’s Pencil using that information as described in this Privacy Policy.

2.5 If you send us personal correspondence such as emails or letters, or if other users or third parties send us correspondence about your use of the Website, we may collect that information in a file which can be accessed by Chef’s Pencil personnel.  We may also collect comments from others about you in our complaints records.

2.6 Your email address is never displayed to other members or made available throughout the site.  Administrators of the site may contact you using this address.

2.7 If you do not provide the information requested at the sign up page we will not be able to process your application to become a member of Chef’s Pencil and you will not be able to access the member only areas of the site.

3. Information which is collected automatically

3.1 We collect and use visitor date contained in server log files.  The information in these log files includes your IP address, your ISP, your web browser, the date and time you visited and the pages you accessed throughout the Chef’s Pencil Website.

3.2 We use cookies to store information, such as your personal preferences when you visit the Chef’s Pencil Website.  The main purpose of this is to retain your login information when returning rather than requiring you to login each time. Cookies are also used to store visual preferences set by the user.

3.3 We also use third-party advertisements on the Chef’s Pencil Website.  Some of these third-parties may use technology such as cookies and web beacons when they advertise on our site, which will also send these advertisers information including your IP address, your ISP, your browser, and in some cases, whether you have Flash installed.  This is generally used for geotargeting purposes (i.e. showing ads relevant to your location) or showing certain ads based on other sites you have visited.

3.4 You can choose to disable or selectively turn off our cookies or third-party cookies in your browser settings, or by managing preferences in programs such as Norton Internet Security.  However, this can affect how you are able to interact with the Chef’s Pencil Website as well as other websites and could include the inability to easily login to your account.

4. Use of information

4.1 The information collected is used for the following purposes:

1. to provide you with a log in/profile so that you can access the members only parts of the site ;
2. to analyse site usage, to improve our content and product offerings as well as to customize the Website’s layout and content.;
3. to accurately identify who is using Chef’s Pencil and what their interests are;
4. to troubleshoot problems, resolve disputes and enforce the Chef’s Pencil Terms of Use;
5. to send you any newsletters to which you subscribe.  If you wish to opt out of receiving any email subscriptions, you can do this by clicking the unsubscribe link provided in emails sent by Chef’s Pencil.
6. to comply with any law or legal process;
7. to protect Chef’s Pencil’s rights;
8. to provide to auditors, lawyers, accountants, insurers or potential insurers.

4.2 Your personal information may also be used in connection with such purposes.

5. Marketing 

5.1 We may collect your personal information for the purpose of letting you know about and developing products or services from Chef’s Pencil which might better serve your membership needs or promotions or other opportunities in which you may be interested.

5.2 We do not sell or rent out any personal information about you to any third party.  We do disclose information in aggregate for marketing and promotional purposes, however we do not disclose any information which could be used to personally identify you.

5.3. Amazon Associates Program. Chef’s Pencil is part of the Amazon Associate Program and earns from qualifying purchases.

6. External Websites

You may be able to access external websites by links on Chef’s Pencil.  Those other websites are not subject to the Chef’s Pencil Privacy Policy or Terms of Use. 

7. International Users

Chef’s Pencil collects, uses and maintains your information in the European Union, which may have different privacy laws than your home country.  If you use the Chef’s Pencil site from outside of the E.U., by providing your information you are consenting to its transfer to Australia for its collection, processing and maintaining in accordance with this Privacy Policy.

8. Changes to the Privacy Policy

Chef’s Pencil reserves the right to change the Privacy Policy at any time.  We encourage you to check the Privacy Policy regularly for any changes.

9. Contacting Chef’s Pencil

If you wish to contact Chef’s Pencil, our details are on our contact page.

Chef’s Pencil Terms of Use

1. Introduction

The Chef’s Pencil Terms of Use governs all of your dealings with Chef’s Pencil whether through telephone, email or visiting the Chef’s Pencil Website.  By dealing with us you agree to the Terms of Use.

2. Privacy

Your privacy is important to Chef’s Pencil.  Please read the Chef’s Pencil Privacy Policy.

3. Intellectual Property

3.1 All information, graphics, and other material on the Website is owned or licensed by Chef’s Pencil and is protected by Australian and international laws relating to copyright and trade marks.  You must not use any such information in any manner or for any purpose that is unlawful or in any manner which violates any right of Chef’s Pencil.  You must not edit or otherwise modify, copy or otherwise reproduce, transmit or otherwise distribute any of the content of the Website except as otherwise authorised by Chef’s Pencil.

3.2 If you send content to Chef’s Pencil you agree that:

• (a) Chef’s Pencil will determine, at its discretion, whether to publish (or remove from a site) any of your content;
• (b) you grant to Chef’s Pencil a royalty-free irrevocable non-exclusive right to use all intellectual property rights in your content throughout the world, in perpetuity, without restriction, including publication of that material in hard copy publications or in electronic media, using your content in advertising and promotional material for Chef’s Pencil and permitting others to do any of these and that any such use does not give rise to any obligation of Chef’s Pencil to make any payment of any kind to you;
• (c) you waive all moral rights in your content and consent to anything which Chef’s Pencil (or any person permitted to do so by Chef’s Pencil) may do in relation to your content which would otherwise be in breach of your moral rights.  This includes that Chef’s Pencil may use your content without attributing you as the source of your content;
• (d) Chef’s Pencil may edit your content at its discretion;
• (e) you indemnify Chef’s Pencil and its directors, officers, employees and agents against any damage or loss made against or suffered by any of those indemnified arising, in whole or in part, as a result of a breach by you of these terms and conditions.

3.3 In relation to any content you send to Chef’s Pencil you warrant that:

• (a) you own your content and all rights in relation to that content;
• (b) you obtained your content in a manner which does not breach any laws or infringe the rights of any person;
• (c) your content is accurate and reflects actual people and events and you did not digitally alter images or footage in any way to create your content or impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a  person or entity;
• (d) your content, your provision of your content to Chef’s Pencil and the use by Chef’s Pencil of your content, in each case as contemplated in these terms and conditions, does not breach any law (including laws relating to privacy, intellectual property and defamation) or the rights of any person;
• (e) your content, at the time you send it to Chef’s Pencil, contains no virus or other code or material embedded in it which will have a negative impact on Chef’s Pencil’s services or Website;
• (f) your content is not being provided for a commercial purpose (including that you are not soliciting funds or promoting particular goods or services); and
• (g) you did not forge or attempt to circumvent any site function or code, including but not limited to forging TCP/IP packet headers, forging any part of the header information in any email, attempting to execute malicious code, SQL Injection, circumventing validation, javascript or any other exploits.

4. Security

Chef’s Pencil has measures in place to protect you information and the Website, such as firewalls, monitoring and controlled access to servers and content.

5. External Websites

You may be able to access external websites by links on Chef’s Pencil.  Those other website are not subject to the Chef’s Pencil Privacy Policy or Terms of Use.  Please contact or review those websites directly to ascertain their policies and terms.  Chef’s Pencil makes no warranties and accepts no responsibility for material contained on external websites.

6. Dietary advice

Chef’s Pencil does not provide dietary advice in relation to any recipes, food or ingredients.  You are responsible for informing yourself as to the manner and amount for consumption of any food or ingredients and any risk in consumption.

7. Termination

Chef’s Pencil reserves the right to terminate your use of the Website and block or prevent future access to and use of the Website without notice and at its sole discretion at any time.

8. Limitation of Liability and Indemnity

8.1 All content on the Website is provided on the basis that persons accessing it are responsible for assessing the accuracy of it and that they rely on it entirely at their own risk.

8.2 Chef’s Pencil does not accept any liability for loss or damage (including for any indirect, special, economic or consequential loss or damage) incurred by any person as a result of the use of the Website or reliance on the content of the Website or any other information incorporated into the Website by reference.  This limitation of liability applies regardless of whether the loss or damage was caused by negligence or otherwise and whether or not Chef’s Pencil was aware or should have been aware of the possibility of such damage.

8.3 Each person using or accessing any part of the Website indemnifies Chef’s Pencil, and each of it directors, officers, employees and agents against any action, claim, loss or expense arising their use of the Website.

10. Changes to the Terms of Use

Chef’s Pencil reserves the right to change the Terms of Use at any time.  We encourage you to check the Terms of Use regularly for any changes.

11. Amazon Associate Program

ChefsPencil is part of the Amazon Associate Program and earns from qualifying purchases.

Chef’s Pencil Terms for Chefs

1. Introduction

The Chef’s Pencil Terms for Chefs governs all of your dealings with Chef’s Pencil whether through telephone, email or visiting the Chef’s Pencil Website. By dealing with us you agree to the Chef’s Pencil Terms for Chefs.

2. Privacy

Your privacy is important to Chef’s Pencil. Please read the Chef’s Pencil Chef’s Privacy Policy located on the latter part of the Chef’s Pencil Privacy Policy page.

3. Membership as a contributing Chef

3.1 Your membership of Chef’s Pencil entitles you to:

• (a) be listed as a professional chef;
• (b) create a profile which refers to your experience, your awards, restaurants in which you work, and links to your Facebook and Twitter accounts.

3.2 In consideration of your membership rights, you will provide Chef’s Pencil with a minimum of:

• (a) one recipe of your own creation;
• (b) one high resolution photograph of the recipe in (a); and
• (c) your profile, including qualifications, experience, awards and current working details, together and with any other information you provide to Chef’s Pencil, Your Content.

4. Intellectual Property

4.1 All information, graphics, and other material on the Website is owned or licensed by Chef’s Pencil and is protected by Australian and international laws relating to copyright and trade marks. You must not use any such information in any manner or for any purpose that is unlawful or in any manner which violates any right of Chef’s Pencil. You must not edit or otherwise modify, copy or otherwise reproduce, transmit or otherwise distribute any of the content of the Website except as otherwise authorised by Chef’s Pencil.

4.2 In relation to Your Content on Chef’s Pencil:

• (a) you remain the owner of all of Your Content;
• (b) you grant to Chef’s Pencil a royalty-free non-exclusive transferable licence to use Your Content throughout the world, without restriction, for such time as you remain a member of Chef’s Pencil. This licence will automatically terminate if your membership of Chef’s Pencil is terminated;
• (c) for the duration of the licence in (b) above, you waive moral rights in Your Content and consent to anything which Chef’s Pencil (or any person permitted
  to do so by Chef’s Pencil) may do in relation to Your Content which would otherwise be in breach of your moral rights. This includes that Chef’s Pencil may use Your Content without attributing you as the source of Your Content;
• (d) Chef’s Pencil will determine, at its discretion, whether to publish (or remove from a site) any of Your Content; and
• (e) Chef’s Pencil may edit Your Content after notification to you.

4.3 In relation to Your Content you warrant that:

• (a) you own Your Content and all rights in relation to Your Content;
• (b) you obtained Your Content in a manner which does not breach any laws or infringe the rights of any person;
• (c) Your Content is accurate and reflects actual people and events and you did not digitally alter images or footage in any way to create Your Content or impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
• (d) Your Content, your provision of Your Content to Chef’s Pencil and the use by Chef’s Pencil of Your Content, in each case as contemplated in these Chef’s Pencil Terms for Chefs, does not breach any law (including laws relating to privacy, intellectual property and defamation) or the rights of any person;
• (e) Your Content, at the time you send it to Chef’s Pencil, contains no virus or other code or material embedded in it which will have a negative impact on Chef’s Pencil’s services or Website;
• (f) you did not forge or attempt to circumvent any site function or code, including but not limited to forging TCP/IP packet headers, forging any part of the header information in any email, attempting to execute malicious code, SQL Injection, circumventing validation, javascript or any other exploits; and
• (h) you indemnify Chef’s Pencil and its directors, officers, employees and agents against any damage or loss made against or suffered by any of those indemnified arising, in whole or in part, as a result of a breach by you of these terms and conditions.

5. Limitation of Liability and Indemnity

9.1 All content on the Website is provided on the basis that persons accessing it are responsible for assessing the accuracy of it and that they rely on it entirely at their own risk.

9.2 Chef’s Pencil does not accept any liability for loss or damage (including for any indirect, special, economic or consequential loss or damage) incurred by any person as a result of the use of the Website or reliance on the content of the Website or any other information incorporated into the Website by reference. This limitation of liability applies regardless of whether the loss or damage was caused by negligence or otherwise and whether or not Chef’s Pencil was aware or should have been aware of the possibility of such damage.

9.3 Each person using or accessing any part of the Website indemnifies Chef’s Pencil, and each of it directors, officers, employees and agents against any action, claim, loss or expense arising their use of the Website.

6. Advertising Privacy Statement

This Site is affiliated with AdThrive, LLC (“AdThrive”) for the purposes of placing advertising on the Site. AdThrive uses standard and widely-available tools for the placement and serving of ads, including those provided by Google, Inc. and its affiliates. We publish interest-based advertisements on the Site; that is, ads that are tailored to reflect your interests. To help understand your interests, AdThrive, Google and our other advertising partners will track your behaviour on our website and on other websites across the Internet using cookies.

A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server. Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed. Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.

By using this Site, you consent to the use of such cookies and the sharing of data captured by such cookies with AdThrive, Google, and our other third party partners. You can view, delete or add interest categories associated with your browser by visiting: https://adssettings.google.com. You can also opt out of the network cookie using those settings or using the Network Advertising Initiative’s multi-cookie opt-out mechanism at: http://optout.networkadvertising.org. However, these opt-out mechanisms themselves use cookies, and if you clear the cookies from your browser your opt-out will not be maintained.

For European Economic Area Residents
If you reside in a country in the European Economic Area (EEA), then under the GDPR and applicable data protection laws you have the rights, among other things, to access your personal data, have us erase it, and/or restrict its further processing. If you wish to access or delete your personal data (if any) maintained by us or AdThrive related to advertising on the Site, you can contact us at [email protected] and contact AdThrive at [email protected]. If you wish to see a list of the advertising partners we work with or change which of those partners track your behavior using cookies, click the ad preferences link at the bottom of the site. (Available in the EU.)

For California Residents
California law gives residents the right to opt out of the “sale” of their personal information to third parties, including for advertising purposes. Under California law, the sharing of your information with a service provider for advertising purposes could be considered a “sale.” To opt out of the sharing of your information for advertising information click the opt out link provided in the footer of this page. You also have the right to request from us the categories of personal information that we have shared and the categories of third parties to whom the information was provided. To make such a request, please contact us at [email protected]. To be clear we do not share your name, contact information, or any other sensitive information with third parties, and the categories of third parties that we share information with for advertising purposes are supply side platforms, programmatic advertising exchanges, and demand side platforms.

Advertising

This Site is affiliated with CMI Marketing, Inc., d/b/a CafeMedia (“CafeMedia”) for the purposes of placing advertising on the Site, and CafeMedia will collect and use certain data for advertising purposes. To learn more about CafeMedia’s data usage, click here: www.cafemedia.com/publisher-advertising-privacy-policy