INTRODUCTION

Cudo and each of its Related Bodies Corporate (also referred to as “We” in this Privacy Policy) respect your privacy. We have developed this Privacy Policy to inform you of how we protect the Personal Information that we Collect, Use, Disclose and keep secure. It also covers how Cudo makes the Personal Information it holds available for access to and correction by you.

This Privacy Policy has been drafted having regard to our obligations under the Privacy Act 1988 (Cth), the Privacy Amendment (Enhancing Privacy Protection) Act 2012 which includes the Australian Privacy Principles (collectively, the Privacy Act), the Spam Act 2003 Cth (Spam Act) and the General Data Protection Regulation (EU) (GDPR). This Privacy Policy is a public document and has been prepared in light of Australian Privacy Principle 1 - Open and Transparent Management of Personal Information.

Please take a few minutes to review this Privacy Policy. In dealing with Cudo including but not limited to using the Cudo Website or ordering products advertised by Cudo over the phone, you expressly consent to the Collection, Use and Disclosure of your Personal Information as set forth in this Privacy Policy.

1. COLLECTION OF PERSONAL INFORMATION

1.1 Cudo Collects Personal Information about customers, prospective customers and Website users which is reasonably necessary for, or directly related to, one or more its functions or activities. We Collect your Personal Information in several ways, including but not limited to:

(a) the registration process on our Website;

(b) other instances in which you provide Personal Information via our Website;

(d) via data matching / enrichment activities conducted by us and/or by third party service providers.

1.2 Generally, the type of personal information we collect about you is the information that is needed to facilitate your travel arrangements, bookings and to arrange travel-related services and products on your behalf. The information we may collect may include, but is not limited to details such as your: name, residential and/or mailing address, contact numbers, email address, passport details, credit/debit card details (including card type, card number, security number and expiry date), frequent flyer details, dietary requirements and any health or lifestyle issues that may be relevant to your travel arrangements for the purposes of Cudo and/or the travel service providers that we may engage on your behalf (this may include but is not limited to: airlines, insurance providers, hotels/resorts etc.) In some circumstances we may need to collect sensitive personal information such as your religious beliefs, criminal record and health information. We will only collect this information with your consent and where it is reasonable in the circumstances for the purposes of facilitating your travel arrangements. We will only use and disclose this sensitive information in accordance with the purpose for which the information is required.

1.3 If you wish to 'refer a friend' to Cudo that friend must register themselves - we will not enter Personal Information on their behalf.

1.4 At or before the time, or, if that is not practicable, as soon as practicable after, we Collect your Personal Information, we will notify you of the matters required pursuant to Australian Privacy Principal 5 – Notification of the Collection of Personal Information, by providing you with this Privacy Policy, or by notifying you of how you may access this Privacy Policy.

1.5 Cudo will not sell your Personal Information to any third party.

2. HOW WE USE YOUR INFORMATION AND WHEN WE MAY DISCLOSE IT

2.1 Cudo holds Personal Information which it has Collected to Use and/or Disclose for its Primary Purposes. You provide your consent to us Using and/or Disclosing your Personal Information for the following Primary Purposes:

(a) promoting daily deals to you;

(b) answering your inquiry;

(d) sending you additional materials relating to Cudo and products and services that may be of interest to you; and

(e) providing you with effective customer service.

2.2 Cudo also holds Personal Information which it Uses and/or Discloses for purposes other than its Primary Purposes (Secondary Purposes). You provide your consent to us Using and/or Disclosing your Personal Information for the following Secondary Purposes: (a) billing and account management;

(b) business planning and product development;

(d) improving the content, functionality and usability of our Website;

(e) improving our marketing and promotional efforts;

(f) displaying personalised advertising when you visit our Website;

(g) for any other purpose identified in any other agreement between Cudo and you;

(h) issues, news or other information relevant to your dealings with Cudo, or about Cudo generally, or the industries in which you or Cudo operates;

(i) the organisation has reason to suspect that unlawful activity has been, is being or may be engaged in, and uses or discloses the personal information as a necessary part of its investigation of the matter or in reporting its concerns to relevant persons or authorities;

(j) in order to re-engage with and send marketing material to you (including via email, telephone or sms) if your account has become inactive; and

(k) as otherwise described in this Privacy Policy.

Use of Cookies 2.3 – In addition to the Secondary Purposes outlined above we use Google Analytics (a web analytics services provided by Google) and data such as age, gender and browsing activity to better understand the behaviour of our customers and provide targeted advertising to suit customers interests and preferences. Accordingly, when you visit our website, we, and/or a third party, may place cookies on your browser to determine information including (but not limited to) your computer's location, browsing activity and time spent on our website. We use this information to help measure and research the helpfulness of website features and offers, and serve relevant ads to our users. By using this website and agreeing to this policy, you grant us permission to place and store cookies on your browser. Cookies can be managed by accessing the individual browser settings. You can also opt-out of receiving personalised ads by clicking here or here. If you choose to opt-out, you will still see online advertisements, but they will be less relevant to your interests.

2.4 Cudo may Use and/or Disclose your Personal Information for any Secondary Purposes not included in this Privacy Policy if:

(a) the Secondary Purpose is related to a Primary Purpose; and

(b) you would have a Reasonable Expectation that we would Use the information for that Secondary Purpose.

2.5 From time to time we may Disclose your Personal Information to organisations outside of Cudo in order to deliver the services you require. Your Personal Information is Disclosed to these organisations only in relation to us providing our services to you. These organisations carry out, amongst other services, our:

(a) billing and debt- recovery functions;

(b) customer inquiries;

(d) marketing services (including market research);

(e) website usage analysis; and

(f) to support or facilitate any of those activities described in Points 2.1 and 2.2 of this Privacy Policy

We will take reasonable practicable steps to ensure that these organisations are bound by confidentiality and privacy obligations in relation to the protection of your Personal Information.

If you purchase a product, we will disclose your name, address and other information necessary to complete the order to the merchant on whose behalf the deal is advertised (the Merchant). We will use reasonable endeavours to make sure that the Personal Information that we disclose to the Merchant on your behalf is the minimum necessary to complete the order.

2.6 The Website uses plugins (hereinafter "Plugins") of the social network Facebook, which is operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (hereinafter "Facebook"); Google Inc (hereinafter Google), operated by Alphabet Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043; and Apple Inc (hereinafter Apple), 1 Apple Park Way, Cupertino, CA 95014. The plugins are marked by a Facebook logo, Google logo, Apple logo or the words "Social Plug-in by [Company Name]" or "[Company Name] Social Plugin". If you request a page of our website which contains a plugin, your browser will build up a direct connection to the servers of that company. Facebook, Google and Apple directly transmit the content of the plugin to your browser and from there it is incorporated in the website. By integrating the plugin, Facebook, Google or Apple receive the information that your browser has accessed the page of our website, even if you do not have an account or if you are not logged into Facebook, Apple or Google at the time. This information (including your IP address) will be sent directly from your browser to Facebook, Google or Apple servers in the U.S. and stored there. If you are logged into Facebook, Facebook can assign your visit to our website directly to your Facebook account. If you interact with the plugins, for example, by pressing the "Like" button or by leaving a comment, the corresponding information is also transmitted directly to a Facebook server and is stored there. The information is also posted on Facebook and can be seen by your Facebook friends. Facebook, Google or Apple may use this information for purposes of advertising, market research and personalised design of website pages. For this purpose, Facebook, Google and Apple create profiles regarding usage, interests and relationships, e.g. to evaluate your use of our website with regard to the advertisements displayed to you on their website, to inform other users of theirs about your activities on our website and to provide further related services. If you do not want Facebook, Google or Apple to allocate the collected data via our website to your account with them, you must log out of Facebook, Google or Apple before you visit our website. To find out more about the purpose and extent to which Facebook, Google or Apple collects, processes and uses these data, your rights and the settings available to protect your privacy, please read the Facebook privacy policy; Google privacy policy; and the Apple privacy policy.

2.7 If you contact us to purchase a product over the phone and you wish to pay by credit card, you consent to us processing any credit card payment in your capacity as purchaser of the product notwithstanding whether the credit card details that you provide to us are your own. If, at your direction, we process a credit card payment using the credit card details of any third party who is not the purchaser of the product (the Third Party Payment), you indemnify us for all liability including all claims, demands or actions the third party may take against us with respect to the processing of the Third Party Payment.

2.8 Where you use your credit card to purchase an offer on another members Cudo account, you take full responsibility for being able to retrieve and redeem the package, and acknowledge that Cudo holds no responsibility in providing the credit card holder their booking confirmation, without written instructions by the account holder.

3. DIRECT MARKETING

3.1 You consent to Cudo Using and/or Disclosing any Personal Information Collected from you for Direct Marketing purposes, whether Collected via telephone, the Website, or otherwise, but subject to the terms of this Privacy Policy.

3.2 Unless otherwise provided in this Privacy Policy and in accordance with the Privacy Act and the Spam Act, Cudo retains the right to Use and Disclose your Personal Information for Direct Marketing purposes:

(a) that has been Collected from you in circumstances where:

(i) you have provided consent to do so; or

(ii) it is within your Reasonable Expectations; or

(iii) where it is impracticable to obtain your consent;

(b) that has been Collected from any third party in circumstances where:

(i) you have provided consent to do so; or

(ii) it is impracticable to obtain your consent.

3.3 In each Direct Marketing communication, we will include a:

(a) prominent statement appearing on the relevant piece of marketing material notifying you of your right to Opt Out from further Direct Marketing; and

(b) simple means for you to Opt Out of receiving further Direct Marketing communications of that kind.

3.4 Should you Opt Out, we will stop Using and/or Disclosing your Personal Information for Direct Marketing purposes.

3.5 Cudo will not Use your Sensitive Information for Direct Marketing purposes.

4. ENSURING INFORMATION IS ACCURATE AND UP-TO-DATE

We take reasonable precautions to ensure that the Personal Information we Collect, Use and Disclose is complete, relevant and up-to-date.

However, the accuracy of that information depends to a large extent on the information you provide. That's why we recommend that you:

(a) let us know if there are any errors in your Personal Information; and

(b) keep us up-to-date with changes to your Personal Information such as your name or address. You may change your personal details by using the relevant facility on our Website or by contacting the Data Protection Officer as described in Point 12.

5. HOW WE PROTECT YOUR INFORMATION AND DATA RETENTION

5.1 Cudo will take reasonable steps to protect the Personal Information from misuse, interference, loss and unauthorised access or disclosure. This may include taking reasonable steps to destroy or permanently de-identify Personal Information once it is no longer needed for any purpose for which it may be Used or Disclosed in accordance with Australian Privacy Principal 11.2, subject to the exceptions contained therein.

5.2 Cudo requires employees and contractors to perform their duties in a manner that is consistent with Cudo legal responsibilities in relation to privacy, including those in this Privacy Policy.

5.3 will take reasonable steps to ensure that Personal Information is only accessible by people who have a genuine "need to know" as well as "right to know."

5.4 We keep your Personal Information while your account is in existence or as needed to provide you with Primary and/or Secondary Purpose. This includes data you provide to us and data generated or inferred from your use of the Primary and/or Secondary Purpose.

6. HOW YOU CAN ACCESS, CORRECT OR CONTROL YOUR INFORMATION

6.1 Cudo will permit its records containing your Personal Information to be accessed by you when required by the Privacy Act (or General Data Protection Regulation or other legislation / regulation as applicable). We may, however, refuse to provide you with access to your Personal Information if one or more of those matters contained in Australian Privacy Principle 12.3 - Access to Personal Information – applies, including but not limited to instances in which:

(a) we reasonably believe that giving you access to your Personal Information would pose a serious threat to the life or to the health and safety of any individual (including you);

(b) giving access to the information would have an unreasonable impact on the privacy of any other individual;

6.2 If Cudo is satisfied that:

(a) having regard to the purpose for which the information is held, the information is inaccurate, out of date, incomplete or irrelevant or misleading; or

(b) you (as the person to whom the Personal Information relates) request that we correct the information;

we will take reasonable steps to correct our records containing your Personal Information as soon as practically possible in accordance with the Privacy Act.

6.3 If we have refused to grant you access to your Personal Information in accordance with Point 6.1 above, we will still take all reasonable steps to provide you with access to your Personal Information in a way that meets both your needs and our needs.

6.4 If you:

(a) wish to lodge a request for access and/or a copy of your Personal Information;

(b) wish to correct, edit or update some of your Personal Information in your account;

(d) wish for us to delete some or all of your Personal Information (i.e. if it is no longer necessary to provide the Primary or Secondary Purpose); or

(e) otherwise wish for us to withdraw your consent for us to store or your Personal Information for any reason;

you may do so by contacting Cudo Data Protection Officer as per the details in in Point 12.

6.5 Where Cudo offers online account management facilities, customers can use this capability to control aspects of their account, including amending or updating certain Personal Information.

7. OPENNESS

7.1 Cudo’s Data Protection Officer will be the first point of contact for inquiries about privacy issues. If you wish to make an inquiry or complaint regarding privacy you should do so by contacting this office as per the details in Point 12.

7.2 You will find that Cudo Website contains a prominently displayed privacy statement and will include a copy of this Privacy Policy.

8. STAYING ANONYMOUS

8.1 Cudo will not make it mandatory for visitors to its Website to provide Personal Information unless such Personal Information is required to answer an inquiry or provide a service. Cudo may however request visitors to provide Personal Information voluntarily to Cudo (for example, as part of a competition or questionnaire).

8.2 Cudo will allow its customers to transact with it anonymously or by using a pseudonym wherever that is reasonable and practicable.

9. TRANSFERRING INFORMATION OVERSEAS

9.1 If we send Personal Information overseas, Cudo will take steps which are both reasonable and practicable to ensure that the overseas recipient handles such information in accordance with the Privacy Act.

9.2 Cudo may disclose Personal Information to an overseas recipient without complying with 9.1 if:

(a) you are Expressly Informed of the intended disclosure of your Personal Information to the overseas recipient, and you provide consent accordingly; or

(b) we reasonably believe that the overseas recipient is subject to a law or a binding scheme that has the effect of protecting the information in a way that, overall, is at least substantially similar to the way in which the Privacy Act seeks to protect same and you can access mechanisms to enforce the protection of your Personal Information under that law or that scheme; or

10. CHANGES TO THE PRIVACY POLICY

Cudo may, in its sole discretion, update this Privacy Policy at any time and from time to time. Any changes will be effective when posted on the Website. Your continued use of the Website will indicate your acceptance of any changes to the Privacy Policy. All Personal Information, Collected both before and after any changes take effect, will be subject to the terms of the revised policy (for which you will be taken to have provided consent) unless you indicate otherwise by contacting Cudo’s Data Protection Officer as per the details in in Point 12. We urge you to refer back to this page regularly and especially prior to providing us with any Personal Information.

11. GLOSSARY

"Collect" means gather, acquire or obtain by a lawful and fair means, information in circumstances where the individual is identifiable or identified.

"Direct Marketing" involves the Use and/ or Disclosure of Personal Information to communicate directly with an individual to promote goods or services through written, verbal or electronic means of communication (including without limitation communication by phone, SMS and email). The goods or services which are marketed may be those of Cudo or a Related Body Corporate or those of an independent third party organisation.

"Disclosure" generally means the release of information outside Cudo, including under a contract to carry out an "outsourced function."

"Express Consent Consequences" includes the fact that that we will not be accountable under the Privacy Act and you will not be able to seek redress under the Privacy Act in the event that you provide consent to the disclosure of your Personal Information by us to an overseas recipient and the overseas recipient handles your Personal information in breach of the Privacy Act.

"Expressly Informed" means the circumstance where we have provided you with a clear statement (either verbal or in writing) of the Express Consent Consequences.

"Opt Out" means an individual's expressed request not to receive further Direct Marketing communications.

"Personal Information" means information that is not Sensitive Information, including information or an opinion (whether information or an opinion forming part of a database), whether true or not and whether recorded in a material or data form or not, about an individual whose identity is apparent, or can reasonably be ascertained from the information or opinion. This includes, but is not limited to, an individual's name, address, telephone number and email address or any other information as set out in this policy.

"Primary Purpose" is the main reason for the Collection of any Personal Information as described in clause 2.1 of this policy.

"Reasonable Expectation" means a reasonable individual's expectation that their personal information might be Used or Disclosed for the relevant purpose.

"Related Body Corporate" is given its meaning in the Corporations Act 2001 (Cth).

"Secondary Purpose" means a purpose of Use or Disclosure other than a Primary Purpose as described in clause 2.2 of this policy.

"Sensitive Information" is given its meaning in section 6(1) of the Privacy Act 1988 (Cth).

"Use" means the handling of Personal Information within Cudo.

"Website" means the website of Cudo.com and related webpages as well as any website and related webpages of any other website owned or operated by Cudo.

12. CONTACTING CUDO

If you have any questions about this privacy policy, any privacy related dealings with us or a possible breach of your privacy or would like further information about our information management practices, you can contact the Data Protection Officer of Cudo, care of the following details:

Data Protection Officer Luxury Escapes Travel Pty Ltd Level 4, 68 Clarke Street, Southbank, VIC 3006, Australia

Email: data.protection.officer@luxuryescapes.com

Effective 25 May 2018

THIRD PARTY SOCIAL ASSET USAGE TERMS AND CONDITIONS

Thank you for allowing Cudo to use your social content. By including #cudo or tagging @Cudo you consent for us to repost and share your social content via other social channels.

Otherwise rights will be requested by Cudo via commenting on your Instagram or Facebook and require a response to approve use of your content.

When accepting rights requests you are providing Cudo or its nominees with non-exclusive, royalty-free, unlimited rights to use this content in any manner in which we may decide, including but not limited to social media, electronic communications, website, blog posts, banners, print material and other miscellaneous sales and marketing communications and materials.

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