Introduction

At UBake Fresh we are committed to protecting your privacy. Any personal information we collect about you is used to provide you with the best possible product and service based on your individual needs and to keep you informed of any additional services we may offer which may be relevant to you. For the purpose of this document the terms “we”, “our” and “us” refer to UBake Fresh and its related companies and or Trusts.

The information we collect and how we use it.

When you purchase products from UBake Fresh we may need to collect some or all of the following details in order to fulfill your purchases: If you seek to fund-raise:

• Full name and address

• Contact telephone number/s

• Delivery instructions

• Payment details such as credit card information

• Email address

• How you heard of UBake Fresh

• Your club, school or work details

• Your fundraising goals, strategy and how much food you may be ordering

• Payment details

Aside from using this information to fulfill your purchase request, we may also use it to occasionally notify you about new products, promotions, and relevant information which we think you will find valuable.

You have the option to decide how you receive these types of communications (for example by mail, email or telephone). You also have the option not to receive these types of communications. For more information please refer to our “Opt-Out” section below.

From time to time we may also request information via market research, surveys or contests. Your participation in any of these is optional. The information is collected in order to continually improve the services we offer you. In most cases the information you supply will be used on an aggregated basis only.

Disclosure of personal information to third parties.

We may disclose relevant personal information to third parties when necessary. For example, your delivery details will be shared with our contracted delivery drivers. Other than for the above, we will not disclose or share your personally identifiable information to any third parties for marketing or any other purpose without your prior consent, unless required by law.

Our Policy

1 Collection

1.1 Collection of your personal information
For the purposes of this Policy and under the Privacy Act, “personal information” is defined as any information or an opinion about an individual whose identity is apparent, or can reasonably be ascertained, from that information or opinion.
In order to provide our services to you, we may hold and use your personal information including your name and address. We will only collect your personal information in accordance with the NPPs by lawful and fair means, without unreasonable intrusiveness and only where necessary for activities related to the provision of our services and products to you (Primary Purpose).
We may also use your personal information collected for the Primary Purpose in order to facilitate your participation in our loyalty programs which form part of our marketing communications. Please inform us if you do not wish to participate in our loyalty programs or receive marketing communication from us and we will take steps to remove you from these campaigns.
Some information that we obtain through collecting your personal information may be used on our Facebook site or other social networking sites. However, we will not use or disclose your personal information that identifies you to these third parties.

1.2 Cookies
When you visit our Website, the server may attach a “cookie” to your computer’s memory. A “cookie” assists us to store information about how visitors to our Website use it and to make assumptions about what information may be of most interest to you. However, this information is not linked to any personal information you may provide and cannot be used to identify you. You should be able to configure your computer so that it disables “cookies” or does not accept them.

2 Use and disclosure

2.1 Our use and disclosure
We will only use and disclose your personal information for the Primary Purpose. However, there are certain circumstances where we may use and disclose your personal information for reasons other than for the Primary Purpose. These circumstances include where:
(a) your personal information is used/disclosed for a purpose directly related to the Primary Purpose and it would be reasonable to expect that we would use or disclose your information for a secondary purpose; or
(b) we have obtained your consent; or
(c) your personal information (that is not Sensitive Information) is used for the purpose of direct marketing communication and:
(i) it is impracticable for us to obtain consent from you prior to using your personal information; and
(ii) you have not requested that we refrain from sending you direct marketing communications; and
(iii) each direct marketing communication contains a notice indicating that you can advise us that you do not wish to receive further direct marketing communications; and
(iv) each direct marketing communication sets out the contact details of the organisations involved; or
(d) the information relates to health and eating habits and disclosure is necessary for research or the compilation or analysis of statistics relevant to public health or safety and:
(i) it is impracticable for us to seek your consent before we use or disclosure your personal information for these purposes; and
(ii) we wish to disclose your personal information to a recipient we reasonably believe will not disclose it to a third party; or
(e) we have reason to suspect unlawful activity has been, is being or may be engaged in, and the use/disclosure of the information is a necessary part of our investigation into the matter or in reporting our concerns to relevant authorities; or
(f) disclosure occurs for a purpose permitted, required or authorised by law; or
(g) we reasonably believe that disclosure is necessary for one or more or the following:
(i) the prevention of crime or enforcement of criminal law;
(ii) the protection of public revenue; or
(iii) the prevention, detection, or investigation of seriously improper conduct or prescribed conduct; or
(iv) the preparation for, or conduct of, proceedings before any court or tribunal, or implementation of the orders of a court or tribunal.
Note: If we use or disclose personal information contemplated by this clause 2(h), we will provide a written notice of our use or disclosure to you.

2.2 Incapacity
Despite clause 2.1, if we provide a food product to you we may disclose personal information about you to a person who is responsible for you if you:
(a) become physically or legally incapable of giving your consent; or
(b) physically cannot communicate your consent to the disclosure; and
(c) the person providing the health service to you is satisfied that the disclosure is necessary to provide you with appropriate care or treatment or is made for compassionate reasons; and
(d) the disclosure is not contrary to any wish expressed by you before you became unable to communicate your consent.

2.3 Third Parties
(a) We will not disclose your personal information to any third party other than as set out in this Policy.
(b) If we disclose your personal information to third parties in accordance with the terms of this Policy, we will take reasonable steps to ensure that those third parties comply with the NPPs when handling your personal information, regardless of whether they are required to do so by law.
(c) We will not sell, rent or trade your personal information to or with third parties.
(d) Our Website may direct you to websites operated by third parties such as Facebook and other social networking sites (Linked Sites). We are not responsible for the content or practices of the Linked Sites nor their privacy policies regarding the collection, storage, use and dissemination of your personal information. We encourage you to always read the applicable privacy statement of any Linked Site before using it.

3 Data quality
We will take reasonable steps to ensure that any of your personal information we collect, use or disclose is accurate, complete and up-to-date.

4 Data security
We will take reasonable steps to:
(a) protect your personal information from misuse, loss, unauthorised access, modification, or disclosure; and
(b) destroy or permanently de-identify your personal information if it is no longer needed.

5 Openness
Upon your request, we will take reasonable steps to let you know what sort of personal information we hold about you, for what purpose it is held, and how we collect, store, use and disclose that personal information.

6 Access and correction

6.1 Access
We are required to satisfy your request to access your personal information except where:
(a) providing access would pose a serious and imminent threat to the life or health of any individual; or
(b) providing access would have an unreasonable impact upon the privacy of other individuals; or
(c) the request is frivolous or vexatious; or
(d) the information relates to existing or anticipated legal proceedings between us and you, and the information would not be accessible by the process of discovery; or
(e) providing access would reveal our intentions in relation to negotiations with you in such a way as to prejudice those negotiations; or
(f) providing access would be unlawful; or
(g) denying access is required or authorised by or under law; or
(h) providing access would be likely to prejudice an investigation of possible unlawful activity; or
(i) providing access would be likely to prejudice:
(i) the prevention, detection, investigation, prosecution or punishment of criminal offences, breaches of a law imposing a penalty or sanction or breaches of a prescribed law; or
(ii) the enforcement of laws relating to the confiscation of the proceeds of crime; or
(iii) the protection of the public revenue; or
(iv) the prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct; or
(v) the preparation for, or conduct of, proceedings before any court or tribunal, or implementation of its orders, by or on behalf of an enforcement body; or
(j) an enforcement body performing a lawful security function asks us not to provide access to your information on the basis that providing access would be likely to cause damage to the security of Australia.

6.2 Charge for onerous requests access
We reserve the right to charge you a reasonable fee for processing your request for access to personal information if that request is onerous.

6.3 Correction
Upon your request, we will take reasonable steps to correct your personal information which is inaccurate, incomplete or out of date.

7 Identifiers
We will not use or disclose an identifier (e.g. driver’s licence number) assigned to you by a government agency unless:
(a) use or disclosure is necessary for us to fulfil our obligations to the agency; or
(b) we reasonably believe that use/disclosure is necessary to lessen or prevent:
(i) a serious and imminent threat to an individual’s life, health or safety or a serious threat to public health or public safety; or
(ii) we have reason to suspect unlawful activity has been, is being or may be engaged in, and the use/disclosure of the information is a necessary part of our investigation into the matter; or
(iii) disclosure occurs for a purpose permitted, required or authorised by law; or
(iv) disclosure occurs in relation to the enforcement of criminal law; a law imposing a pecuniary penalty; the protection of public revenue; the prevention, detection or investigation of seriously improper conduct or prescribed conduct.

8 Anonymity
Wherever it is lawful and practicable, you have the option of not identifying yourself when entering into transactions with us. However, to do so may affect our ability to provide our services to you.

9 Trans-border data flows
We may transfer your personal information to someone who is in a foreign country if:
(a) we reasonably believe that the recipient is subject to a law, binding scheme or contract which effectively upholds principles for fair handling of the information that are substantially similar to the NPPs; or
(b) you have consented to the transfer; or
(c) the transfer is necessary for the performance of a contract between you and us, or for the implementation of pre-contractual measures taken in response to your request; or
(d) the transfer is necessary for the conclusion or performance of a contract concerning you, between us and a third party; or
(e) the following apply:
(i) the transfer is for your benefit; and
(ii) it is impracticable to obtain your consent to that transfer or if it were practicable to obtain such consent, you would be likely to give it; or
(f) we have taken reasonable steps to ensure that the information which we have transferred will not be held, used or disclosed by the recipient of the information inconsistently with the NPPs.

10 Sensitive information

10.1 Sensitive Information
For the purposes of this Policy, “sensitive information” is information or an opinion that reveals racial/ethnic origin, political opinions, membership of a political association, religious/philosophical beliefs, membership of a professional or trade association, sexual preferences or practices, criminal records or details relating to health or genetics (Sensitive Information).
We will not collect, use or disclose your Sensitive Information unless:
(a) we have obtained your consent; or
(b) we are required to do so by law; or
(c) the collection is necessary to prevent or lessen a serious and imminent threat to the life or health of any individual, where the individual whom the information concerns:
(i) is physically or legally incapable of giving consent to the collection; or
(ii) physically cannot communicate consent to the collection; or
(d) the collection is necessary for the establishment, exercise or defense of a legal or equitable claim; or
(e) the information is necessary to provide a health service to you and the information is collected is required by law in accordance with rules established by competent health or medical bodies which bind our organisation; or
(f) the collection is necessary for research, compilation, and/or data analysis relevant to public health or public safety and we cannot serve our purposes through collecting information that does not identify you (and it is impracticable for us to seek your consent to such collection).

Contact Details and Additional Information
It is important that you read through and become familiar with this Policy.
If you require further information regarding this Policy or would like to access your personal information, please contact our Privacy Policy Officer on 0468 344 777 or email sales@ubake.com.au

This Policy can be found on our Website.