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ProduceMarkets.com Privacy Statement
Last updated October 2020
BACKGROUND
ProduceMarkets.com is an online platform where Subscribers can promote their Produce to Users of the site. ProduceMarkets.com is operated by PML Trading Pty Ltd ("we", "us" or "our"). We are committed to the protection of personal privacy within the scope of applicable law, including the Privacy Act 1988 (Cth) and the Australian Privacy Principles (Privacy Laws). This Privacy Statement covers our treatment of personal information that we collect, use and disclose in connection with ProduceMarkets.com.
We may update this Privacy Statement from time to time. The most current version will be located here on ProduceMarkets.com and is also available by contacting our Privacy Officer whose details can be found in clause 10.1 of this Privacy Statement. By accessing ProduceMarkets.com, you accept and agree to ProduceMarkets.com's User Terms, which includes an agreement to be bound by the terms of this Privacy Statement. By using ProduceMarkets.com, or providing any personal information to us, you consent to the collection, use and disclosure of your personal information as set out in this Privacy Statement.
Any capitalised terms not defined in this Privacy Statement have the meaning given to them in the Glossary.
COLLECTING PERSONAL INFORMATION
ProduceMarkets.com collects personal information when you create an account and register as a Subscriber on ProduceMarkets.com. This may include, but is not limited to, your name, address, phone number and email address. We may also give you the option of providing a photo to be associated with your Subscriber ID. You do not have to provide us with any personal information, however if you do not do so we may not be able to provide you with all of the services or benefits provided to Subscribers. If your personal details change, it is your responsibility to update your ProduceMarkets.com account with those changes, so that we can keep our records complete, accurate and up to date.
We will not collect sensitive information from you or any third party. From time to time, you may provide us, and we may collect from you, personal information of a third party (for example, for verification purposes). Where you provide the personal information of a third party, it is your responsibility to ensure that those persons are aware of this Privacy Statement, understand it, agree to accept it and have consented to you providing their personal information to us for the purposes set out in this Privacy Statement.
You are not anonymous to us when you log into ProduceMarkets.com, post Ads or respond to any Ads or messages. To enable us to improve our existing services and to create new service features, we may collect, and share with other Users and service providers on ProduceMarkets.com, information about the way you use our services, including (but not limited to) any Ads that you may post, any offers to purchase Produce that you may make or messages you may send, and the transactions you enter into with other Users or our affiliated service providers.
When you use ProduceMarkets.com to post an Ad all the material that you post is visible to other Users and is also publicly available to other internet users. Likewise if you engage with a User (for example if you make an offer to purchase Produce or Third Party Services) we will collect personal information you have provided as part of that engagement and may disclose it to that other User.
We may collect information about your current location if you enable location-based services on ProduceMarkets.com. We may also collect personal information about you from publicly available sources. We may request and collect information about you from other Users of ProduceMarkets.com with whom you have had dealings. We may ask you to provide to us information about other Users of ProduceMarkets.com. If you provide information about another User, that User may access the information held by us in accordance with this Privacy Statement.
WHY WE COLLECT, USE AND DISCLOSE PERSONAL INFORMATION
We will use the personal information we collect for the purpose disclosed at the time of collection, or otherwise as set out in this Privacy Statement. We will not use your personal information for any other purpose without first seeking your consent, or where authorised or required by law. We collect personal information for the following purposes (1) to establish and maintain your relationship with us, (2) to verify your identity, (3) to provide or arrange internal or external verification services obtained by you via ProduceMarkets.com, (4) to protect us and the Users of ProduceMarkets.com, (5) to customise the content and any advertising displayed on ProduceMarkets.com, (6) to provide, maintain, protect and improve our services, (7) to provide your information to a User with whom you have had dealings, (8) as required by law, order of a court, tribunal or regulator or if we reasonably believe that the use or disclosure of the information is reasonably necessary for the enforcement related activities, (9) to develop new service features, (10) to contact you for non-marketing purposes (for example, to inform you about upcoming changes or improvements to our services), (11) to conduct research, (12) to permit content on ProduceMarkets.com (such as postings or third party advertisements) to be targeted, on an aggregate basis, to the Users for whom it is most likely to be relevant; and (13) to generate data reports on an aggregated, non-personally identifiable basis, for both internal and third party use, but subject to any applicable laws.
Subject to your consent, we may also disclose your personal information to third parties who work with us in our business to provide, promote or improve the products or services you have requested or are interested in, such as suppliers and contractors, marketing consultants and promotions companies, website hosts, and consultants and professional advisers.
Your contact information may also be used to respond to any enquiry you make. When you contact us, we may keep a record of the communication to help resolve any issues you might have. If other Subscribers of ProduceMarkets.com already have your Subscriber ID (or other information identifying you), and you have chosen to upload a photo or other personal information to your ProduceMarkets.com account, we may show those Subscribers that personal information. We will use your email address to administer our User Terms (for example, we may notify you of a breach, or action Takedown Request in response to a claim of Infringing Content).
HOW WE STORE AND PROTECT PERSONAL INFORMATION
We store personal information in a combination of computer storage facilities, paper-based files and other records. In so doing, we have taken numerous steps to protect your personal information from misuse, interference and loss, and unauthorised access, modification or disclosure. We also take reasonable steps to destroy or permanently de-identify personal information when we no longer need it.
We cannot guarantee the absolute security of that information, or that our systems will be completely free from third party interception or are incorruptible from viruses. We cannot and do not guarantee that information you send from your computer to us over the internet will be protected by any form of encryption (encoding software). As such, we do not warrant the security or privacy of your personal information, including payment and account details. You transmit your personal information to us at your own risk. You are entirely responsible for maintaining the security of your passwords and/or account information.
OVERSEAS DISCLOSURE OF PERSONAL INFORMATION
We may disclose some of your personal information, for the purposes described above, to organisations around the world. We will take reasonable steps to require that the overseas recipient comply with the Privacy Laws, in collecting, using and disclosing personal information provided via ProduceMarkets.com. Some countries may not have the same or similar privacy laws than those of Australia. In those circumstances, we will put in place contractual arrangements with the recipients in those countries to require that they provide you with a standard of protection that is at least comparable to the protection of Australia.
DIRECT MARKETING
Subject to your consent, we will also use and disclose your personal information to send direct marketing to you. The direct marketing may relate to (1) our products and services, (2) new developments we believe may be of interest to you, and (3) Third Party Services. You may opt-out of receiving this direct marketing through the "unsubscribe" options set out in clause 17.2 of the User Terms.
USER TRAFFIC
ProduceMarkets.com uses cookies to track User traffic patterns and data may be written to your hard drive when you visit ProduceMarkets.com. A cookie file can contain information, such as a Subscriber ID which we use to track the pages you have visited. You can refuse all cookies by turning them off in your browser. However, full functionality for our websites requires the use of cookies. Information is also generated whenever a page is accessed on our website that records information such as the time, date and specific page. We collect such information for statistical and maintenance purposes that enables us to continually evaluate our website performance.
Our website also collects cookies for use by analytics services, such as Google Analytics. These services use cookies and scripts to collect and store information. Please see the following links for more information about Google Analytics, Google Privacy Policy and Google Advertising Policy. We do not tie the information gathered using third party analytics to your personal information.
THIRD PARTIES
ProduceMarkets.com may contain links to third party websites including the networks of our affiliate service providers, and advertisers, or make available services obtained from third parties, including payment facilities and verification services by third party payment facility and verification service providers. If you follow a link to any of these websites, or use any services obtained from third party service providers via ProduceMarkets.com that requires you to provide personal information (including sensitive information if relevant) directly to such third parties (for instance third party verification providers), note that they have their own privacy policies. If you use ProduceMarkets.com to link to another site, or use a service obtained from a third party service provider via ProduceMarkets.com, you will be subject to that site's terms and conditions of use and privacy policy. We strongly encourage you to view these before disclosing any of your personal information on such sites.
We do not control, and do not accept any responsibility or liability for, the privacy policy of, and collection, use or disclosure of personal information (including sensitive information), by any party other than us (including any User of ProduceMarkets.com, the operators of any website to which ProduceMarkets.com links, or third party service providers) to whom you directly provide your personal information including sensitive information if relevant.
If we are involved in a merger, acquisition or asset sale, we will give affected Subscribers notice before their personal information is transferred to another entity or becomes subject to a different privacy policy. Third-party vendors, including Google, may show ProduceMarkets.com advertisements on sites across the internet. ProduceMarkets.com makes use of the Google Maps API to assist with location-based information. More information about the Google Maps API and the related privacy policy can be found here.
If you use any payment facility or verification services made available via ProduceMarkets.com, where such service is performed by the third party payment facility or verification provider, then any personal information (including sensitive information if relevant) that you provide to that third party in order to utilise third party's payment facility or enable it to perform its verification services will be collected directly by the relevant third party payment facility or verification provider and will not be collected, used or disclosed by us. The collection, use and disclosure of any such personal information (including sensitive information if relevant) remains the responsibility of the third party payment facility or verification provider under its own privacy policy.
ACCESSING YOUR PERSONAL INFORMATION
We will take reasonable steps to make sure that the personal information we collect, use or disclose is accurate, complete and up to date. If your personal details change, such as your address or phone number, please contact our Privacy Officer whose details can be found in clause 10.1 of this Privacy Statement. At your request, we will provide you with a copy of any personal information which we hold about you, unless an exception under the Privacy Laws applies. We charge a $25 fee for retrieving and providing the information.
We will allow you, at any time, to access, edit, update and/or delete the personal information that we hold about you, unless (1) we are legally permitted or required to deny you access to, and/or to retain, the information, or (2) without limiting (1), where we are permitted by law to do so, you make requests that are unreasonably repetitive, require us to make a disproportionate technical effort, risk the privacy of others, or would be highly impractical to comply with. We will promptly acknowledge and investigate any complaint about the way we manage personal information.
CONTACT OUR PRIVACY OFFICER OR MAKING A COMPLAINT
If you have any questions about this Privacy Statement, if you wish to update information we hold about you or if you wish to make a complaint about our collection, use or disclosure of your personal information under this Privacy Statement, please contact ProduceMarkets.com's Privacy Officer at admin@producemarkets.com
We will take reasonable steps to remedy any issues resulting from our failure to comply with our privacy obligations. If you are not satisfied with our response to any privacy complaint you make to us, you can make a complaint to the Australian Information Commissioner.
EUROPEAN UNION GENERAL DATA PROTECTION REGULATION (GDPR)
In certain circumstances, individuals in the European Union (EU) may request a restriction on the processing of personal data. EU citizens may make a request in the following situations (1) where you believe the personal data we hold is inaccurate, (2) where the processing is unlawful, (3) where we are storing personal data for legal claims, but do not require it for processing purposes, or (4) you have legitimate grounds to object to our data processing.
If you make such a request, we will not process any of your personal data without your consent, unless it is for the purposes of storage, legal claims, protecting the rights of another person or it is in the public interest of the EU. In addition to your rights under clause 11.1 of this Privacy Statement, in certain circumstances, you may also request that we provide you with all personal data that we hold that relates to you in a structured, commonly used and machine-readable format. Upon request from you, and subject to the satisfaction of certain conditions, we will also transmit that personal data to another 'controller' (as defined in the GDPR) who handles personal data.
In addition to your rights under clause 6.1 of this Privacy Statement to opt-out of receiving direct marketing, you have the right to request that your personal data is not processed by us in various circumstances. These circumstances include the pursuit of business interests and profiling. Unless we have legitimate grounds to object to your request, we will stop processing data for the purposes requested. If at any time you wish to withdraw your consent to us processing your personal data, please send your request to our Privacy Officer at: admin@producemarkets.com
You may not be able to continue to use ProduceMarkets.com if you withdraw your consent to us processing your personal data. In the unlikely event that we experience a personal data breach that is likely to result in a risk to your rights and freedoms, we will notify you.
