1.         Introduction

We are bound by the Privacy Act 1988 (Cth)  (“Privacy Act”) and the Australian Privacy Principles.  This policy explains how and why we collect, use, hold and disclose your personal information. 

You consent to us collecting, holding, using and disclosing your personal information in accordance with this policy.

2.         Information and Contact Details

The domain address www.shop.snapfresh.com.au is a website (“Site”) operated by Snap Fresh Pty Limited ABN 55 092 536 475 of Level 7, 17-19 Victoria Avenue Broadbeach in the State of Queensland (“we”, “us” and “our”).  We can be contacted on our customer service line 1300 103 451.

The Site incorporates an encrypted online shopping feature that is operated and maintained by Square AU Pty Ltd ABN 38 167 106 176 and Cuscal Limited ABN 95 087 822 455 (collectively herein referred to as “Square”), Australian proprietary companies with a registered offices located in the State of New South Wales, Australia. 

3.         What is Personal Information

Personal information is any information or an opinion about an identified individual or an individual who can be reasonably identified from the information or opinion. Information or an opinion may be personal information regardless of whether it is true.

4.         The Kind of Information that We Collect and Hold

We collect information about you and your interactions with us, for example, when you purchase or use any of our products, call us or visit our website.  The information we collect from you may include your identity and contact details, your history of purchases and use of our products and details of enquiries or complaints you make.

The information you input to the Site is collected by Square and is governed by Square’s privacy policy.  You are not required to sign up to an account with Square to use the Site.  The Privacy Policy applicable to non-account holders of Square can be found at their website: https://squareup.com/au/en/legal/general/privacy-no-account. 

Credit and/or debit card information is held solely by Square and cannot be accessed by us.  We may access and record Personal Information (other than your credit or debit card information) you input on the Site for the purposes identified at paragraph 6.

The information that you input to the Site includes:

• your name and address;
  • your phone number;
  • your email address;
  • other contact information that you may provide from time to time;
  • the location from which you have come to the Site and the pages you have visited;
  • technical data, which may include IP address, the types of devices you are using to access the website, device attributes, browser type, language and operating system;
  • your credit and/or debit card details necessary to process a payment; and
  • transaction information relating to goods supplied by us to You.

5.         How We Collect and Hold Your Personal Information

We will only collect Personal Information by lawful and fair means.  In addition to collecting the information you input to the Site detailed at paragraph 3, we may also collect your personal information using the following methods:

• paper forms or notices;
  • online portals and mechanisms;
  • face to face;
  • over the phone; and
  • electronic or paper correspondence.

We use cookies on the website. A cookie is a small text file that the website may place on your device to store information. We may use persistent cookies (which remain on your computer even after you close your browser) to store information that may speed up your use of our website for any of your future visits to the website. We may also use session cookies (which no longer remain after you end your browsing session) to help manage the display and presentation of information on the website. You may refuse to use cookies by selecting the appropriate settings on your browser. However, please note that if you do this, you may not be able to use the full functionality of the website.

Where your personal information is collected, it is held within Australia subject to these provisions of this privacy policy.

6.         Purposes for Which We Collect, Hold, Use and Disclose Personal Information

The primary purpose we collect your Personal Information from the Site is to verify that the individual that presents for collection of goods purchased from the Site is the individual that purchased the goods from the Site.  We may from time to time use your Personal Information for the following additional purposes:

• general administrative purposes;
  • proof of identity purposes;
  • complaints management;
  • managing and responding to requests for the administration of payments and services;
  • billing purposes;
  • comply with our legal obligations and assist government and law enforcement agencies or regulators;
  • workplace health and safety purposes; and
  • employment and recruitment related purposes.

7.         How do We Store and Hold Personal Information

We store most information about you in computer systems and databases operated by either us or our external service providers. Some information about you is recorded in paper files that we store securely.

We implement and maintain processes and security measures to protect personal information which we hold from misuse, interference or loss, and from unauthorised access, modification or disclosure.

These processes and systems include:

• the use of identity and access management technologies to control access to systems on which information is processed and stored;
  • requiring all employees to comply with internal information security policies and keep information secure; and
  • requiring employees that have access to personal information to complete training about information security; and
  • monitoring and reviewing our own policies.

8.         How You may Access Personal Information that We Hold About You

You may access or request correction of the personal information that we hold about you by contacting us at snapfreshretail@dnata.com. There are some circumstances in which we are not required to give you access to your personal information.

There is no charge for requesting access to your personal information but we may require you to meet our reasonable costs in providing you with access (such as photocopying costs or costs for time spent on collating large amounts of material).

We will respond to your requests to access or correct personal information in a reasonable time and will take all reasonable steps to ensure that the personal information we hold about you remains accurate, up to date and complete.

9.         How You may Complain about a Breach of the Australian Privacy Principles and How We Deal with a Complaint

If you have a complaint about the way in which we have handled any privacy issue, including your request for access or correction of your personal information, you should contact us at snapfreshretail@dnata.com. Our contact details are set out below.

We will consider your complaint and determine whether it requires further investigation. We will notify you of the outcome of this investigation and any subsequent internal investigation.

If you remain unsatisfied with the way in which we have handled a privacy issue, you may approach an independent advisor or contact the Office of the Australian Information Commissioner (www.oaic.gov.au) for guidance on alternative courses of action which may be available.

10.      Disclosure of Your Personal Information

We may transfer or disclose your personal information to our related companies for operational and corporate governance purposes. 

We may disclose personal information to external service providers so that they may perform services for us on our behalf.

We may also disclose your personal information to others outside our group of companies where:

1. we are required or authorised by law to do so;
   1. you may have expressly consented to the disclosure or the consent may be reasonably inferred from the circumstances; or
   1. we are otherwise permitted to disclose the information under the Privacy Act.

We may from time to time disclose Personal Information to overseas recipients including but not limited to the Company’s foreign related entities, its foreign legal and/or other advisers (“Overseas Recipients”). The majority of the Company’s Overseas Recipients are domiciled in the United Kingdom and Dubai.

Subject to the exceptions set out below, if the Company does disclose Personal Information to an Overseas Recipient, before disclosing the information, the Company will take all reasonable steps to ensure that the Overseas Recipient does not breach the Australian Privacy Principles.  This requirement will not apply where:

1. We reasonably believe that the Overseas Recipient is subject to laws similar to the Australian Privacy Principles and there are mechanisms that the individual can access to take action to enforce the protections afforded by such laws;
   1. you consent to the disclosure of the information to the Overseas Recipient by using our Site;
   1. we reasonably believe the disclosure is required or authorised by or under an Australian law or a court/tribunal order;
   1. it is unreasonable or impracticable to obtain the individual’s consent to the collection, use or disclosure and the we reasonably believe that the collection, use or disclosure is necessary to lessen  or prevent a serious threat to the life, health or safety or any individual or to public health or safety;
   1. we have reason to suspect that unlawful activity, or misconduct of a serious nature, that relates to our functions or activities has been, is being or may be engaged in, and we reasonably believe that the collection, use or disclosure is necessary in order for us to take appropriate action in relation to the matter;
   1. we reasonably believe that the collection, use or disclosure is reasonably necessary to assist any entity or person to locate a person who has been reported as missing and the collection, use or disclosure complies with any applicable rules made under the Privacy Act;
   1. the recipient is a body that performs functions, or exercises powers, that are similar to those performed or exercised by an enforcement body.

By agreeing to this Privacy Policy you consent to the disclosure of your Personal Information to the Overseas Recipients.

11.      Use of Personal Information for Marketing

We will use your personal information to offer you products and services we believe may interest you, but we will not do so if you tell us not to.  These products and services may be offered by us, our related companies, our other business partners or our service providers.

Where you receive electronic marketing communications from us, you may opt our of receiving further marketing communications by following the opt-out instructions provided in the communication.

12.      Anonymity and use of Pseudonym

The Australian Privacy Principles gives individuals the option of not identifying themselves, or using a pseudonym when dealing with us, unless:

1. The company is required or authorized by law to deal only with individuals who have identified themselves; or
   1. It is impracticable to deal with individuals on an anonymous basis or who are using a pseudonym.

You acknowledge and agree that:

1. Should you purchase goods on an anonymous basis or using a pseudonym it is impractical for us to verify your identity for the purposes permitting you to collect the goods or to process a refund should you become entitled to same; and
   1. You will not make an anonymous purchase from the Site or use a pseudonym when using the Site.

13.      Changes to this Policy

From time to time, we may change our policy on how we handle personal information or the types of personal information which we hold.  Any changes to our policy will be published on this Site.