Privacy Notice

Last updated: 21.08.2026

We at the Business (as defined in Appendix A below) ("us", "we", or "our") recognise and respect the importance of maintaining the privacy of our members.

This Privacy Notice describes the types of information we collect when you join or participate in our loyalty program (the "Program") and/or use any services or benefits offered in connection with the Program (collectively, the "Services").

"You" means any individual member of the Program.

"Personal information" means information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not and whether it is recorded in a material form or not, as defined in the Privacy Act 1988 (Cth) (the "Privacy Act"), which includes the Australian Privacy Principles.

This Privacy Notice should be read together with our Terms and Conditions, available via the link provided in Appendix A below.

1. Personal Information We Collect

1.1. Identifiers. When you register for the Program, you will be asked to provide certain personal information that identifies you, such as your name, email address, phone number, and date of birth.

1.2. Commercial Information. We collect information related to your membership and activity under the Program, including your purchase history, transaction details, and any details you provide regarding your eligibility for benefits under the Program.

1.3. Inferences. We may derive inferences from the above information — for example, your preferences or purchasing patterns — in order to personalise offers and communications.

1.4. Sensitive Information. We do not require you to provide us with sensitive information (as defined in the Privacy Act) in order to participate in the Program. If you choose to provide us with sensitive information — for example, dietary preferences or allergy information that may indicate health information — we will only use or disclose it for the purpose for which it was provided, or as otherwise permitted under the Privacy Act.

1.5. You are under no legal obligation to provide us with any such personal information. It is your voluntary decision whether to provide us with any personal information, but if you refuse to provide such information, we may not be able to enrol you in the Program and/or provide you with certain services.

2. How We Use Your Personal Information

2.1. We use the personal information we collect from and about you for any of the following purposes: (1) to provide you with the Program and the services; (2) to respond to your inquiries or requests, contact and communicate with you; (3) to provide you with content, targeted offers, and advertising related to the services, including via e-mail and SMS messages, based upon purchase history and usage of the services; (4) to contact you with informational newsletters and promotional materials relating to us and/or to the Program; (5) to maintain and/or enhance our business, products and/or services, including through aggregating and combining your data with data from other sources and drawing inferences from your purchase history and preferences; (6) to prevent fraud and address any problems with the services; and (7) to provide customer support.

2.2. We may share your personal information with our trusted third-party subcontractors and service providers solely for the purposes described above. For details on how we share your personal information, please see Section 3 below.

3. Sharing the Personal Information We Collect

3.1. Service Providers and Subcontractors. We disclose information, including personal information we collect from and/or about you, to our trusted service providers and subcontractors, who use such information to: (1) help us provide you with the services; (2) for the purpose of direct marketing (see above for more details). Such service providers include Tabit Technologies Pty Ltd ("Tabit"). You hereby consent to Tabit collecting and handling your personal information in accordance with its privacy policy, available at https://legal.tabit.cloud/au-documents/online-documents/au-online-privacy/, as may be amended from time to time.

Such service providers and subcontractors provide us with services including, but not limited to: cloud hosting, data storage, customer relationship management (CRM), campaign management, communication services (such as SMS, email, and push notifications), analytics, fraud prevention, and technical support.

3.2. Overseas Disclosure. Some of our service providers and subcontractors (including Tabit and its related entities) are located, or store and process information, outside Australia, including in Israel and the United States. By joining the Program, you acknowledge and agree that we may disclose your personal information to such overseas recipients, where we are legally permitted to do so, for the purposes described in this Privacy Notice.

3.3. Business Transfers. Your personal information may be disclosed as part of, or during negotiations of, any merger, sale of company assets or acquisition (including in cases of liquidation). In such case, your personal information shall continue being subject to the provisions of this Privacy Notice.

3.4. Law Enforcement Related Disclosure. We may share your personal information with third parties: (i) if we believe in good faith that disclosure is appropriate to protect our or a third party’s rights, property or safety (including the enforcement of the Terms and Conditions and this Privacy Notice); (ii) as is necessary to comply with any legal and/or regulatory obligation; or (iii) when required by a court order or the order of another governmental or law enforcement authority.

3.5. Legal Uses. We may use your personal information as required or permitted by any applicable law, for example, to comply with audit and other legal requirements.

4. Security

4.1. We take reasonable steps to protect the personal information we collect and store from misuse, interference and loss, and from unauthorised access, modification or disclosure, through technical, physical, and administrative safeguards. Our staff are trained to understand their privacy obligations and to handle personal information responsibly. However, no security system is 100% secure. While we strive to use commercially reasonable means to protect your personal information, we cannot guarantee its absolute security. Please take appropriate measures to protect your own information.

5. Your Rights

5.1. You may request access to the personal information we hold about you, and request that we correct personal information that you believe is inaccurate, out of date, incomplete, irrelevant or misleading. To make an access or correction request, please contact us using the contact details provided in Appendix A below. We will respond to your request within a reasonable period and in accordance with the Privacy Act.

5.2. If you wish to complain about how we have handled your personal information, please contact us first using the contact details provided in Appendix A below, and we will endeavour to resolve your complaint. If you believe that we have not satisfactorily resolved your complaint, you may contact the Office of the Australian Information Commissioner (OAIC) at https://www.oaic.gov.au/.

6. Data Retention

6.1. Subject to applicable law, we retain personal information as necessary for the purposes set forth above, and take reasonable steps to destroy or permanently de-identify personal information once we deem it is no longer necessary for these purposes. In some circumstances, however, we may store your personal information for longer periods of time, for instance where we are required to do so in accordance with legal, regulatory, tax, audit, or accounting requirements, so that we have an accurate record of your dealings with us in the event of any complaints or challenges, or if we reasonably believe there is a prospect of litigation relating to your personal information or dealings.

7. Communications

7.1. Service Communications. We reserve the right to send you service-related communications regarding your account, including administrative messages, security notices, and Program updates, without offering you the opportunity to opt out. These communications may be delivered via email, phone call, push notification, SMS, or any other communication channels available now or in the future.

7.2. Marketing Communications (Email and SMS). By registering for the Program and providing your consent to receive marketing communications, you consent to receive recurring promotional and marketing communications from us via email and SMS to the contact details you provided, in accordance with the Spam Act 2003 (Cth). Your consent covers marketing communications by both email and SMS.

7.3. Marketing communications are sent by us and only by us — they will not be sent on behalf of any third party or partner, and we will not sell, share, or transfer your email address, mobile number, or marketing consent data to any third party for any purpose.

7.4. Consent to receive marketing communications is not a condition of purchase or Program membership.

7.5. Message frequency varies depending on your account activity and active promotions.

7.6. For SMS messages, message and data rates may apply depending on your mobile carrier plan.

7.7. You may opt out of marketing communications at any time by using the unsubscribe link included in any marketing email or SMS message we send, or by contacting us using the details in Appendix A. Opt-outs apply separately to each communication channel — for example, opting out of SMS messages will not opt you out of marketing emails, and vice versa. Please allow up to 48 hours for your opt-out request to be processed; during this time, you may still receive messages that were already scheduled. Once your opt-out is processed, you will not receive further marketing communications through that channel unless you opt in again.

7.8. Opting out of marketing communications through any channel will not affect your membership status, your Points balance, or your ability to participate in the Program in any other way.

7.9. Push Notifications. By registering for the Program and enabling notifications on your device, you agree to receive push notifications from us, including promotional offers, Program updates, and account-related alerts. You may opt out of push notifications at any time by adjusting the notification settings on your device. Opting out of push notifications will not affect your membership status or your ability to participate in the Program.

7.10. Phone Calls. We may contact you by phone for service-related purposes, including to assist with your account or respond to your inquiries. Promotional phone calls, where applicable, will only be made with your consent and in accordance with applicable law.

8. Children

8.1. The Program is intended for individuals who are 18 years of age or older, and we do not knowingly collect personal information from anyone under the age of eighteen (18). In the event that you become aware that an individual under the age of eighteen (18) has joined the Program and/or used the services, please advise us immediately using the contact details provided in Appendix A below.

9. Changes to the Privacy Notice

9.1. We may update this Privacy Notice from time to time to keep it up to date with legal requirements and the way we operate our business. Any updates will be posted on this webpage and will be effective immediately upon posting. Your continued participation in the Program following any update constitutes your acceptance of the revised Privacy Notice. If we make material changes, we will seek to inform you via email.

10. Comments and Questions

10.1. If you have any comments or questions about this Privacy Notice or if you wish to exercise any of your rights as set out herein, please contact us using the contact details provided in Appendix A below.

Appendix A – Program Details

Business Name

Phix Hospitality Group PTY LTD T/A Bar Nina

ABN

74 640 332 190

Privacy Notice URL

www.barnina.au/loyaltyprivacynotice

Terms & Conditions Link

www.barnina.au/termsconditions

Contact Email

info@barnina.au