Privacy Policy

This Privacy Policy is current on and from September 2019.

BerryWorld Australia Pty Ltd (ACN 608 556 396) and its Related Bodies Corporate (as defined in the Corporations Act 2001 (Cth)) (BerryWorld Australia, we, us and our) respects your privacy and is committed to protecting it.

We comply with the Australian Privacy Principles and the Privacy Act 1988 (Cth) (Privacy Act), which govern the way private sector organisations collect, use, keep secure and disclose Personal Information.

The use of the term "Personal Information" in this privacy policy means any information or an opinion (whether true or not, recorded or not) about an identified individual, or from which an individual’s identity is apparent or can be reasonably ascertained.

If you have questions or concerns, please contact us at the address set out in Section 9 and our privacy officer will resolve your concern or answer your question.

Kinds of Personal Information

    You can generally visit our Australian website without revealing Personal Information, unless you choose to provide such information, but we may collect Personal Information from you in other instances.

    We will collect the following types of Personal Information from you:

    • If you make an enquiry with us - Your name and email address, country in which you reside or to which your enquiry relates, and any other information you volunteer in the content of your enquiry;

    This information will be automatically sent directly to our Related Body Corporate (as defined in the Corporations Act 2001 (Cth)), BerryWorld Ltd who will deal with your enquiry. We will only be involved if your Personal Information is referred back to us to assist further with your enquiry. Please refer to Section 10 below as to how BerryWorld Ltd deals with your Personal Information.

    At or around the time we collect Personal Information from you, we will endeavour to provide you with a notice which details how we use and disclose that specific information.

    Sensitive Information is a type of Personal Information, and includes information or opinion about an individual’s racial or ethnic origin, political beliefs, religious beliefs, health information or genetic information, among other things. In general, we do not collect Sensitive Information from you.

    How and why do we collect Personal Information

      As much as possible, we will collect your Personal Information directly from you. If we collect Personal Information from you, or a third party, but we haven’t requested that information then if we decide we do not need it, we will destroy or de-identify that information.

      • Standard collections

      We may collect your Personal Information from you in a variety of ways, including: by email, website or forms. Sometimes we might also collect Personal Information about you from third parties, or publicly available sources (such as social media platforms or Australia Post).

      • Cookies & IP addresses

      If you use our website, we may utilise “cookies”. A cookie is a piece of information that is stored on your browser when you access information at that site, in order to for us to better serve you when you next visit our site. Cookies are optional for the user and your browser can be set either not to accept cookies or to prompt you to accept them or not case by case.

      We may gather your IP address as part of our business activities and to assist with any operational difficulties or support issues with our services. In most cases, a cookie does not identify you personally but may identify your internet service provider or computer and we may aggregate this with other Personal Information we hold about you.

      You can set your browser to notify you when you receive a cookie and this will provide you with an opportunity to either accept or reject it in each instance. However, if you disable cookies, you may not be able to access certain areas of our website or take advantage of the improved web site experience that cookies offer.

      It is completely optional for you to provide us with your Personal Information. We do allow you to deal with us by using a pseudonym, except where it is impracticable for you to do so and we need to transact and correspond with you on a named basis.

      Depending upon the reason for requiring the information, some of the information we ask you to provide may be identified as mandatory or voluntary. If you cannot provide us with the mandatory information or any other information we require in order for us to provide our products or services to you, we may be unable to do so in an effective manner, or at all.

      Using and disclosing Personal Information

        We will only use or disclose your Personal Information for the primary purposes for which it was collected, or as consented to by you. This includes:

        • Enquiries - If your Personal Information is shared with us from BerryWorld Ltd (in the UK), responding to your enquiries and complaints
        • As is the case for most websites, this site makes a record of your visit, logging the following information for statistical purposes: your server's address; the name of the top-level domain from which you access the Internet (for example, .gov, .com, .au, .nz, etc); the date and time of the visit to the site; the pages accessed and documents downloaded; the previous Internet address from which you linked directly to this site. (In the cases where the referring site declines to pass this information on, these details are not obtained by the statistics server). We will not identify users or their browsing activities, except where a law enforcement agency (or government agency) may exercise a legal authority to inspect the ISP logs (e.g. by warrant, subpoena or notice to produce).

        We will be required to disclose your Personal Information to the following parties (without limitation):

        • Third parties connected with any orders your place, including online credit providers and financial institutions;
        • Service providers (including IT service providers and consultants) who assist us in providing our products and services;
        • Third parties in connection with the sale of any part of our business or shares of a company we own; and
        • When required or authorised by law.

        We may also disclose your Personal Information in the following scenarios, and in doing so we are not required to seek your additional consent:

        • When it is disclosed or used for a purpose related to the primary purpose of collection detailed above and you would reasonably expect your Personal Information to be used or disclosed for such a purpose;
        • if we reasonably believe that the use or disclosure is necessary to lessen or prevent a serious or imminent threat to an individual’s life, health or safety or to lessen or prevent a threat to public health or safety; or
        • if we have reason to suspect that unlawful activity has been, or is being, engaged in.

        Direct Marketing

        We do not send provide you with information or to tell you about our products, services or events or any other direct marketing activity (including third party products, services, and events) which we consider may be of interest to you, whether by post, email, SMS, messaging applications and telephone.

        Credit Information and our Credit Reporting Policy

          The Privacy Act contains information regarding the use and disclosure of “credit information”. Although we are considered a “credit provider” under the Privacy Act because we offer payment terms in excess of 7 days, we do not collect, use or disclose any “credit information” from individual consumers.

          Security of Personal Information

            We maintain securely Personal Information collected in an electronic format or in paper format, and have taken steps to protect your Personal Information from unauthorised access, use, disclosure, alteration or destruction.

            However, if you are providing Personal Information via an email or an online form you should be aware that there are some risks to transmitting data via the Internet unless it is encrypted with a security certificate and we cannot guarantee the security of all transmissions (especially where human error is involved, or malicious activity by a third party).

            Cross Border Disclosure

              BerryWorld Australia transfers your information to its Related Body Corporate (as defined in the Corporations Act 2001 (Cth)), BerryWorld Ltd, which is located in the United Kingdom. BerryWorld Ltd stores your information in the United Kingdom, and may use third party service providers who transfer your Personal Information to other countries.

              By submitting your Personal Information to us, you expressly agree and consent to the disclosure, transfer, storing or processing of your Personal Information outside of Australia. In providing this consent, you understand and acknowledge that countries outside Australia do not always have the same privacy protection obligations as Australia in relation to Personal Information.

              The Privacy Act requires us to take such steps as are reasonable in the circumstances to ensure that any recipients of your Personal Information outside of Australia do not breach the privacy principles contained within the Privacy Act. By providing your consent, under the Privacy Act, we are not required to take such steps as may be reasonable in the circumstances. However, despite this, we acknowledge the importance of protecting personal information and have taken reasonable steps to ensure that your information is used by third parties securely and in accordance with the terms of this Privacy Policy.

              If you do not agree to disclosure of your Personal Information outside Australia, please do not submit your Personal Information to us.

              Accessing and correcting your Personal Information

                You are entitled to have access to any Personal Information relating to you which we hold, except in some exceptional circumstances provided by law (including the Privacy Act 1988 (Cth)). You are also entitled to edit and correct such information if the information is inaccurate, out of date, incomplete, irrelevant or misleading. Please get in touch with us at the details set out in Section X below if you would like to access or correct your Personal Information.

                Complaints

                  If at any time you believe the principles referred to in this privacy statement have not been followed, or have any other comments on these principles, please notify us at:

                  Care of: Piñata Farms Pty Ltd
                  Telephone: +61 07 5497 4295
                  Email: info@pinata.com.au
                  Address: PO Box 220, 382 Scurr Rd, Wamuran QLD 4512, Australia

                  We will respond promptly, and work with you to resolve any complain you may have.

                  Consent, modifications and updates

                    This Privacy Policy is a compliance document prescribed by law rather than a legal contract between two or more persons. However, certain contracts may incorporate all, or part, of this Privacy Policy into the terms of that contract. In such instances, BerryWorld Australia may incorporate the terms of this policy such that:

                    • certain sections or paragraphs in this policy are incorporated into that contract, but in such a way that they do not give rise to contractual obligations onto BerryWorld Australia, but do create contractual obligations on the other party to the contract; and
                    • the consents provided in this policy become contractual terms provided by the other party to the contract.

                    We reserve the right to modify our Privacy Policy as our business needs require. We will take reasonable steps to notify you of such changes (whether by direct communication or by posting a notice on our website). If you do not agree to our continued use of your Personal Information due to the changes in our Privacy Policy, please cease providing us with your Personal Information and contact us via the details set out at Section 9.

                    To the extent that you engage with any of our Related Entities, including Piñata Farms Pty Ltd (http://www.pinata.com.au/privacy-policy) and BerryWorld Ltd (https://berryworld.com/privacy/) please refer to the Privacy Policies of those organisations to determine how your information is collected, held, used and disclosed.

                    Contact us

                    Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to enquiries@berryworld.com