1. 1. Background
The privacy of your personal information is important to Botanical Food Company Pty Ltd ACN 085 074 282 (“us”, “we”, “our”).
We are an Australian company, with operations based in Australia. Being an Australian company, we act in accordance with the Australian Privacy Act 1988(Cth), as amended or superseded from time to time, and all relevant privacy legislation protecting the rights of individuals in Australia (Privacy Laws).
If we receive information on a from outside Australia , we endeavour to act in accordance with global best practice but at all times we will comply with the Australian Privacy Laws.
This document sets out the way in which we will use, manage and protect your personal information in accordance with the Privacy Laws.
We will strictly comply with all Privacy Laws, and, in the event of inconsistency, the legislative requirements under the Privacy Laws will override the provisions in this document.
2. What is Personal Information?
Personal information is information we hold about you from which your identity is either apparent or can be reasonably determined. This can include your name, address, date of birth, phone number, email address, credit card number or drivers licence.
Special provisions apply to the collection of personal information which is sensitive information. Sensitive information is information about your racial or ethnic origin; political opinions; membership of any political association; religious beliefs or affiliations; philosophical beliefs; membership of a professional or trade association; membership of a trade union; sexual preferences or practices; or criminal record. It also includes health and genetic information.
3. Collection of Information
We will only collect personal information where it is reasonably necessary to do so for the conduct of our business. Any collection of personal information by us will be fair and lawful and will not be intrusive. In general, we will collect personal information directly from you, and only to the extent necessary to provide a product or service.
We may collect personal information from you when:
1) you participate in our websites by:
i) subscribing to the e-newsletter;
ii) contributing, by way of comments or recipes, to feedback and testimonials or other user comments through the herb e-cooking school;
iii) contact us through the website or ask us to contact you after visiting our website;
2) you participate on our Twitter, Facebook and Pinterest pages;
3) you fill in an application form or entry form for one of our competitions either online or at shopping centres and consumer shows;
4) you purchase one of our products online; or
5) you contact us by dealing with us over the phone or have contact with us in person.
For example, if you become a member of the herb e-cooking school or if you subscribe to our e-newsletter, we may collect personal information such as your name and email address and you will be assigned a username or a unique user ID. When you enter a competition, we collect personal information from you such as your name, email address, mailing address and/or telephone number. When you make purchases on our websites, we will collect your order information including your credit card details and delivery address in order to arrange payment and delivery/shipment.
If you choose not to provide certain personal information (e.g. your date of birth), we may not be able to provide you with the services you require, or the level of service of which we pride ourselves.
If you wish to participate in the online community, but do not wish to give us your name, you can use a pseudonym. But you will still need to give us your email address if you wish to receive a response or if you have subscribed to the e-newsletter and wish to be kept informed by us.
Occasionally, you may need to provide personal information about other individuals to us (e.g. about your authorised representatives). If so, we rely on you to inform those individuals that you are providing their personal information to us and to advise them that we can be contacted for further information.
4. Sensitive Information
We will not collect, use or disclose sensitive information except with your specific consent or in the circumstances permitted in the Privacy Laws.
5. Clickstream Data
In general, when you visit our websites you do not have to tell us who you are, or reveal any personally identifiable information to us. Unless you specifically agree to tell us, we will never know who you are, and you are able to interact with our websites in a relatively anonymous way.
When you visit our websites our servers automatically record basic information about your usage, such as the type of internet browser and operating system you are using, the date, time and duration of your visit and the pages you viewed. This information is anonymous and does not identify you as an individual, nor will we combine it with information that does identify you as an individual. This information is collected and analysed to provide us with a greater understanding of how visitors use our website.
7. Use and Disclosure Information
We use personal information you provide only for purposes consistent with the reason you provided it, or for a directly related purpose. If you give us your personal information, it will be clear what it will be used for.
In addition, we may also use the personal information you give us for the following purposes:
1) to assist us in understanding the demographic of our website users and to help us improve our products and services (this may include personal information such as age and sex); and
2) to customise our advertising and the content on our website in order to improve the marketing and promotion of our products and services.
You will always be able to "unsubscribe" to any of our mailings at any time. In any direct marketing that you would reasonably expect to receive from us, you always have an opportunity to ‘opt-out’ of receiving future communications of that nature.
We will not sell, trade or rent personal information to third parties such as advertisers or telemarketers.
We will not share your personal information with other organisations unless:
1) you give us your express or implied consent;
2) sharing is otherwise required or permitted by law;
3) we reasonably believe there is a serious threat to life, health or safety of any individual, or to public health or safety;
4) we reasonably suspect unlawful activity or serious misconduct; or
5) where this is necessary on a temporary basis to enable our contractors to perform specific functions.
We may share personal information with our affiliates, retailers or other business partners to support your customer relationship with us. We may release your address information to the delivery service to deliver products that you ordered; and provide order information to third parties that help us provide customer service (for example, for third party redemption services).
If we temporarily provide personal information to companies who perform services for us, such as specialist information technology companies, or other contractors we require those companies to protect your personal information as diligently as we do.
8. Quality and Security of Information
To the extent required by the Privacy Laws, we will take reasonable steps to:
1) make sure that the personal information that we collect, use and disclose is accurate, complete and up to date;
2) protect the personal information that we hold from misuse and loss and from unauthorised access, modification or disclosure; and
3) destroy or permanently de-identify personal information that is no longer needed for any purpose that is permitted by the Privacy Laws.
Any personal information you provide to us is stored and held under industry best-practice standards of technology and operational security. We employ appropriate technical, administrative and physical procedures to protect your personal information from unauthorised disclosure, loss, misuse, alteration, or destruction. We limit access to personal information to authorised individuals with a business need consistent with the reason the information was collected. Authorised individuals are required to treat your personal information as confidential.
You may request access to your personal information at any time by sending a written request to our Privacy Contact (see contact details below). You do not need to provide a reason for your request. We may charge a small fee for providing access if it requires a significant amount of time to locate your information or to collect or present it in an appropriate form.
In rare circumstances, and only where it is permitted under the Privacy Laws, we may not be able to provide you with access to your personal information. For example, where the requested access will have an unreasonable impact upon the privacy of others or where we are required by law to withhold the information, we may refuse access. If we are unable to provide you with access, we will provide you with reasons for our refusal.
We will take reasonable steps to ensure that the personal information that we hold is up to date, accurate and complete.
We undertake regular reviews of our records. As part of our review process, we may ask you to confirm that your personal information is accurate. If your information changes at any time, let us know so that we can update our records as soon as practicable.
If you wish to modify or de-activate any information you have submitted, please contact our Privacy Contact. We will modify or de-activate any information that could be used to identify you as soon as practicable after your request, unless we are required or authorised by law not to do so. Once de-activated your data will not be accessible. However, due to system backups to various types of data storage media, your data may in some circumstances remain on these types of data storage media.
11. Unsolicited information
If we receive unsolicited personal information from you, we will determine whether or not we could have lawfully collected that information or if it is information we would ordinarily collect from you for the purposes of our business. If not, we will destroy or de-identify that information unless it is contained in a Commonwealth record and it is lawful to do so.
12. Transfer of Personal Information Overseas
If we transfer your personal information outside Australia, we will comply with requirements of the Privacy Laws that relate to trans-border data flows. This means that we will take reasonable steps to protect personal information and ensure that the overseas recipient does not breach any Privacy Laws in relation to the information no matter what country it is stored in or transferred to.
13. Third Party Services
Our websites provide links to other third party websites. We are ultimately not responsible for the privacy practices or the content of such web sites. We encourage you to read and understand the privacy policies and terms and conditions of using their websites before providing any information to them.
Some of the content appearing on our website may be supplied by third parties. In such cases we will ensure that our contractual arrangements with these third parties protect your personal information in compliance with the Privacy Laws.
We also use third party platforms, including social media. Some of these platforms are not operated or controlled by us and in that case our ability to protect your personal information is limited.
We encourage you to be careful about the protection of your own personal information when using third party digital services such as social media platforms. As far as reasonably practicable, and as required by the Privacy Laws, we will ensure that third party digital services include appropriate protection of your privacy.
Please contact us if you have any queries about the personal information that we hold about you or the way we handle that personal information. Our contact details for privacy queries are set out below:
Botanical Food Company Pty Ltd – Megan Brabant
Address: Megan Brabant, Gourmet Garden, P.O. Box 481, Palmwoods, Queensland, Australia 4555
Phone: + 61 (07) 5453 2500
Fax: + 61 (07) 5445 0961
Freecall: 1800 007 488
Please contact our Privacy Contact using the above details if you have any concerns or complaints about the manner in which your personal information has been collected or handled by us.
You can also contact the Office of the Australian Information Commissioner (OAIC) for more information or to make a complaint about the handling of your personal information (www.oaic.gov.au).