Privacy Policy

Effective Date: 23 May 2020

OUR PRIVACY COMMITMENT TO YOU

HS Fresh Food Pty Ltd (ACN 638 495 655) and its related bodies corporate (‘HS Fresh’,‘we’, ‘us’or‘our’) respects your privacy and the trust you place in us by providing us with your personal information.

This Privacy Policy describes the personal information we may obtain about you as well as how we collect, use, store and disclose your personal information, and how we protect that information in accordance with applicable privacy and data protection laws, principles and regulations including the Privacy Act 1988 (Cth) (Privacy Act) and the Australian Privacy Principles (APPs). This Privacy Policy applies to all your dealings with HS Fresh including your use of our website.

We encourage you to read this Privacy Policy carefully so that you understand both our commitment to you and your privacy, and how you can participate in that commitment. Should you have any questions about this policy or our privacy practices, please email us at admin@hsfreshfood.com.au or write to us at: HS Fresh Food Pty Ltd, 121 Backhouse Lane, Cambridge TAS 7170.

WHAT IS YOUR PERSONAL INFORMATION?

When used in this Privacy Policy, personal information means any information or opinion relating to an identified or identifiable natural person. Personal information includes information such as your name, age, gender, postcode and contact details. If the information we collect personally identifies you, or you are reasonably identifiable from it, the information will be considered personal information.

WHAT PERSONAL INFORMATION WE COLLECT AND HOW WE COLLECT IT

A) Information Provided by You

HS Fresh will collect your personal information when you voluntarily provide it to us through the use of any of our services either through our website, or otherwise when you deal with us in the course of business. For example, when you purchase products and services from us we may ask you to provide personal information, such as you name, mailing address, telephone number, date of birth and email address.

We collect personal information that you provide to us, including when you communicate with us via email or other channels, when you sign up for or request that we send you newsletters, alerts, or other materials or when you respond to our communications or requests for information.

You may deal with us on an anonymous basis or using a pseudonym when making inquiries. However, we may require certain contact details or other information from you to respond to these inquiries.

In some circumstances, we may also request personal information that includes financial information such as your credit card details and other payment information. Financial information will be transacted online via trusted third-party transaction gateways and will never be stored by us. We will only provide those third parties with the personal information they need to deliver the specific transaction services and take reasonable steps to ensure that these companies maintain the confidentiality of your information and are prohibited from using that information except for the purposes for which it was supplied.  We cannot be held liable for any issues arising from the processing of your financial information.  

B) Unsolicited personal information

If we receive personal information that we did not take any active steps to collect, we will determine whether we would have been permitted to collect that information as part of providing our services in accordance with the law. We will destroy or de-identify unsolicited personal information that we would not collect as part of providing our services if it is lawful to do so. If the information is of the type that we would collect to provide our services, we will contact you to confirm what information we have been provided and the lawful basis on which we intend to rely to use that information in accordance with this Privacy Policy.

LEGAL BASIS FOR USAGE OF YOUR PERSONAL INFORMATION

Where we intend to use, collect, hold or process, your personal information, we rely on the following legal grounds:

Performance of a Contract: we may need to collect and use your personal information to enter into a contract with you or to perform a contract that you have with us.

In Our or a Third Party’s Legitimate Interest: we may use your personal information for the purposes of facilitating our internal business operations where we consider use of your personal information to be (a) non-detrimental to you, (b) within your reasonable expectations, and (c) necessary for our own, or a third party’s legitimate purpose.

Compliance with a Legal Obligation: we may be required to use and disclose your personal information to authorised regulatory bodies to comply with our to legal requirements, including tax laws.

WHAT WE DO WITH YOUR PERSONAL INFORMATION AND WHY WE COLLECT IT

We will generally explain at the time we collect your personal information the purposes for which we will use it. We will only use, disclose, or otherwise process your personal information for the purpose that we collected it or as otherwise set out in this Privacy Policy.

We may collect, hold, use and/or disclose your personal information for the following purposes:

  • to provide you with the services and products you request;
  • to assist with your questions about our services, billing (where relevant), payment methods (where relevant) or use of our website;
  • to process or collect payments made in connection with our products and services;
  • to carry out our obligations arising from any contracts entered into with you;
  • to maintain and develop our relationship with you;
  • to evaluate our services and products and to conduct customer surveys;
  • to improve our services via internal research and development;
  • to maintain and update our records including our database of contacts;
  • for our business purposes, including data analysis, submitting invoices, detecting, preventing, and responding to actual or potential fraud, illegal activities, or intellectual property infringement;
  • as we believe reasonably necessary or appropriate to comply with our legal obligations, respond to legal process or requests for information issued by government authorities or other third parties and to protect your, our, or others’ rights; and
  • for the purposes of direct marketing as detailed below.

USE OF YOUR PERSONAL INFORMATION FOR DIRECT MARKETING

We may use your personal information to send you marketing material including our newsletter and notifications about updates to our blog if we have your permission or a legitimate interest as described above.

If you don’t want to receive direct marketing communications from us, you can follow the ‘unsubscribe’ instructions that appear at the bottom of all emails we send. Otherwise, you can always contact us at admin@hsfreshfood.com.au to update your contact preferences.  

We do not provide your personal information to other organisations for the purposes of their direct marketing.

DISCLOSURE OF YOUR INFORMATION TO THIRD PARTIES

The information we collect from you will be kept strictly confidential and secure at all times. Where it is necessary to disclose your personal information to third parties this will be done in a manner that is consistent with the APPs and only for a purpose consistent with the purpose for which the information was originally collected from you.

Importantly, we will not give, sell, rent, loan or otherwise disclose any personal information to any third party, unless:

  • you would reasonably expect us to disclose the information in the course of providing our products and services to you;
  • you have authorised us to do so;
  • such disclosure is provided for under contract, including under this Privacy Policy or our terms and conditions for any particular product or service that we may provide to you;
  • we are legally required to do so, for example, in response to a subpoena, court order or other legal process;
  • we need to enforce or apply our terms and conditions to which you have agreed (or other terms that have been agreed to apply to our relationship with you);
  • it is necessary to protect the rights and interests, property, or safety of HS Fresh, our clients or others;
  • our agents or contractors who assist us in providing our services require such information, for example in fulfilling requests for information, receiving and sending communications, updating marketing lists, analysing data, providing support services or in other tasks from time to time. Our agents and contractors will only use your information to the extent necessary to perform their functions;
  • all, or most, of the assets of HS Fresh or any single business unit within HS Fresh are merged with or acquired by a third party, or we expand or re-organise our business, in which case your personal information may form part of the transferred or merged assets.

DISCLOSURE OF PERSONAL INFORMATION OUTSIDE AUSTRALIA

We do not generally disclose personal information outside Australia. However, if we are required for any reason to disclose your personal information to third parties outside Australia, we will take steps to ensure that your privacy rights continue to be protected by ensuring that the relevant third party is either covered by data privacy laws substantially similar to those in Australia or adheres to the APPs.

HOW WE PROTECT YOUR PERSONAL INFORMATION

We take reasonable steps to protect the personal information we hold from misuse and loss and from unauthorised access, modification or disclosure. We store information in access-controlled premises and electronic information on secure servers.

In addition, we have procedures that prevent our employees and contractors from unnecessarily accessing your personal information. Only those employees and contractors with a business reason to know have access to such information. We educate our employees about the importance of confidentiality and customer privacy through standard operating procedures and internal policies on data privacy and corporate integrity. We take appropriate disciplinary measures to enforce employee privacy responsibilities.

Your information is kept for so long as we need it to provide our products and services to you and where applicable, for as long as we are required to keep it to comply with relevant statutory requirements. Where we determine that it is no longer necessary to hold your personal information we will securely destroy, delete or permanently de-identify that information to the extent it is possible to do so.

If we become aware of unauthorised access to or disclosure of your personal information, we will take appropriate steps to rectify the data breach and notify you as soon as practicable and provide you with a description of the breach, the type of information involved and any recommended actions you can take to protect yourself.

USING OUR WEBSITE AND COOKIES

To improve your experience on our website, we may use ‘cookies’: small data files that are served by our platform and stored on your device.  These are used by us or third parties for a variety of purposes including to operate and personalise the website.  Cookies may be used for recording preferences, conducting internal analytics, conducting research to improve our offering, assisting with marketing and delivering certain website functionality.

You may refuse to accept cookies by selecting the appropriate setting on your internet browser.  However, please note that if you do this, you may not be able to use the full functionality of our website.

THIRD PARTY LINKS

For your convenience and to improve the usage of the website and the services we provide, we may insert links to third-party websites, applications or resources, for which this Privacy Policy does not apply. 

HS Fresh is not responsible for those third party websites, applications or resources.  If you access such websites, applications or resources, you do so at your own risk and we make no representations or warranties regarding third parties’ privacy practices.  We encourage you to read the privacy statements/policies of every website, application or resource you use.  When we do link to a third party website, application or resource, this does not automatically imply that HS Fresh endorses that website, application, resource and their contents. Our Privacy Policy does not cover the use of cookies by any third parties. 

ACCESSING OR CORRECTING YOUR PERSONAL INFORMATION

You can access the personal information we hold about you by contacting us at admin@hsfreshfood.com.au. We will need to verify your identity before allowing you to access your personal information.

We may refuse to allow you to access your personal information where:

  • access would pose a serious threat to life or health of an individual;
  • access would have an unreasonable impact on the privacy of others;
  • the request is frivolous or vexatious;
  • the information relates to a commercially sensitive decision-making process;
  • access would be unlawful;
  • access would prejudice enforcement activities relating to criminal activities and other breaches of law;
  • access relates to existing or anticipated legal proceedings; or
  • denying access is required or authorised by or under law.

If we cannot provide you with access to your information, we will advise you of the reasons in writing.

If you think that any personal information we hold about you is inaccurate, please contact us and we will take reasonable steps to ensure that it is corrected.

CHANGES TO OUR PRIVACY POLICY

Your provision of personal information to us or your purchase of any of our products or services constitutes your acceptance of the terms of this Privacy Policy.

We may change this Privacy Policy from time to time. If we do so, the latest version of our privacy policy will be available on our website.  We will also let you know that the Privacy Policy has been changed by changing the effective date at the beginning of this document and also by emailing you at the email address provided by you to us (if any). Your continued use of any of our products or services following notification of a change to this Privacy Policy indicates that you accept those changes. Through this document we will always let you know the information we collect, how we use it, and the circumstances under which such information may be disclosed by us.

MAKING A COMPLAINT

If you think we have breached any of our privacy obligations, or you wish to make a complaint about the way your personal information has been handled, you can contact us by email at admin@hsfreshfood.com.au. So that we can respond to you, please clearly describe your complaint and include your name, email address and/or telephone number for our reply. Your complaint will be considered by our management team, and an acknowledgement and response to your complaint will be provided to you within a reasonable period of time. If you think that we have failed to resolve the complaint satisfactorily, you may refer the matter to the Office of the Australian Information Commissioner:

Mail: GPO Box 5218, Sydney, NSW 2001

Online: www.oaic.gov.au/privacy

Phone: 1300 363 992

Email: enquiries@oaic.gov.au