Introduction

In this document:

• personal information means information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether the information or opinion is recorded in a material form or not.  Information can include things such as photographs or other images, and voice print, finger print or facial recognition biometrics; and
• us, we and our refers to Mountain Blue Foundation Limited and the companies in the Mountain Blue group, including Mountain Blue Orchards Pty Ltd, Mountain Blue Holdings Pty Ltd, Mountain Blue Farms (Operations) Pty Ltd, Mountain Blue Farms (Labour Hire) Pty Ltd, Mountain Blue Marketing Pty Ltd, Mountain Blue Marketing No. 2 Pty Ltd and Mountain Blue High Chill Pty Ltd.

This policy sets out how we manage your personal information.

We understand the importance you place on your personal information, and we are committed to using your personal information fairly.

We are bound by the Privacy Act 1988 (Cth) (Privacy Act), including the Australian Privacy Principles (APPs). 

However, please note that acts done and practices engaged in by us which are directly related to:

• a current or former employment relationship between you and us; and
• an employee record held by us and relating to you,

are exempt from the Privacy Act, including the APPs, and are not subject to this Privacy Policy.

Collection

We may collect and hold personal information:

• that is reasonably necessary for one or more of our services or activities (including our supply of goods or services); or
• as required or permitted by law (eg where a “permitted general situation” exists for the purposes of the Privacy Act).

The personal information we collect and hold about you will depend on your interaction with us.  Generally, the sort of personal information we may collect and hold about you includes your name, address, telephone number, email address, date of birth, gender, credit card or other payment details, purchasing history, interests and other information relevant to providing you with goods or services you or your authorised representatives may seek from us.

Personal information will generally be collected by us directly from you through the use of our online services (including our website and social media), by email and other written communications, when you attend our premises or any event we host, and during telephone and other conversations.  There may be, however, some instances where personal information about you will be collected indirectly, for example from a third party or a publicly available source, because it is unreasonable or impractical for us to collect the personal information directly from you.  We will usually notify you about these instances in advance, or where that is not possible, as soon as reasonably practicable after the information has been collected.

Generally, we will collect and hold your personal information for the purpose of:

1. providing online services, such as our website, for your use;
2. providing information, goods or services you request;
3. providing you with information about goods or services we supply you;
4. facilitating our internal business operations, including keeping records of our dealings with you and complying with our legal obligations; 
5. analysing our goods and services and customer needs and preferences with a view to developing new or improved goods and services;
6. contacting you to seek feedback and/or a testimonial for us;
7. contacting you in the case of an emergency;
8. providing you with information about other goods and services that we, or our related body corporates or business associates, offer from time to time (Marketing Purposes); and
9. as required or permitted by law.

If the personal information you provide to us is incomplete or inaccurate, we may be unable to provide you or your authorised representatives with information, goods or services you, or they, are seeking, we may be unable to process any order concerning you or provide you with information about your order, and we may suspend or terminate any online or other account you have with us.

Unsolicited information

Sometimes we receive unsolicited information about an individual from the individual or from other sources.  If we determine that we could not have collected the information for one or more of our functions or activities, we will take reasonably practicable steps to de-identify or destroy the information we received provided it is lawful to do so, and otherwise we will deal with the information in accordance with this privacy policy.

Security

We may store personal information in different ways, including in hard copy and in electronic form.  The security of your personal information is important to us, and we take all reasonable steps, including implementation of physical and electronic security measures, to ensure that personal information we hold is stored safely and to protect it from unauthorised access, modification or disclosure, and from misuse or loss.  Please note though that, unfortunately, no security measures can be guaranteed to be effective in all circumstances.

Use and disclosure

Generally, we only use or disclose personal information about you for the purposes for which it was collected (as discussed above).  

However, we may disclose personal information about you to:

1. suppliers and service providers who assist us in operating our business, including assist us in:
   1. providing or operating our online services, such as our website and social media; or
   2. production or delivery of goods or services you request;
2. any person or organisation with whom or which you are associated, to the extent relevant to goods or services we supply;
3. a purchaser of the assets and operations of our business, providing those assets and operations are purchased as a going concern; and
4. our business partners.

We may also use or disclose personal information for other purposes, or in other situations, as required or permitted by law.

Marketing material

If you do not wish to receive marketing material from us you can opt out at any time.  To opt out, please contact our privacy officer using the contact details below.  Alternatively, marketing material you receive may include information about how to opt out of receiving similar material in future.  If you opt out, please allow a reasonable time for your preference to be implemented.

Additional information about collection and use of information by online services

If you access our website or other online services, we may collect additional personal information about you, including your internet protocol (IP) address (ie the numerical address for your computer on the internet) and the domain name you use (ie the textual internet reference associated with your IP address).  Please note that information may be provided to us without your knowledge by the device or software you use when you access or use our website or other services.

Our online services, including our website, use cookies.  Essentially, a cookie is a message given by a server (ie a computer system that delivers or serves up pages online) to software on your device (eg an app or a web browser).  The software on your device stores the message in a text file known as a cookie. The message (cookie) can then be sent back to the server when the software on your device communicates with the server.

Cookies are widely used by online services around the world, and the main purpose of cookies is to identify users and allow the display of customised web pages or other content for a particular user.  For example, a website may ask you to fill out a form providing information such as your name and interests. If the website uses cookies, your information will be packaged into a cookie and stored by the software on your device.  The next time you go to that website, the software on your device will send the cookie to the website server so the server can use the information in the cookie to present you with customised content, without you having to enter your information again.  For example, you might see a welcome page with your name on it, instead of seeing a generic welcome page.

Cookies usually do not identify you personally, but they may link back to a database record about you.  For example, if you have an online account with us, your cookie will be linked back to your personal information in your account.

We may use cookies to monitor usage of our website and to create a record of when you visit our website and what pages you view so that we may serve you more effectively.

Warning about links to other websites and online services

Our online services, including our website, may contain links to websites and other services operated by third parties.  We are not responsible for the conduct, including privacy practices, of third parties.  Please ensure you the read the privacy policy and any other relevant information published by the third party so you understand how the third party will deal with your personal information.

Access

You may seek access to personal information we hold about you by making a written request.  We will endeavour to acknowledge your request within five business days of receipt, and to provide you with access to the information requested within twenty-five business days. 

We may charge you a reasonable fee for processing your request.  You will be advised about any applicable fee once we have reviewed your request but before we process your request.

We may decline a request for access to personal information in some circumstances, including if:

1. providing access would have an unreasonable impact upon the privacy of other individuals; 
2. providing access would pose a serious threat to the life or health of an individual;
3. the information relates to existing or anticipated legal proceedings between you and us, and the information would not be accessible by the legal process of discovery (sometimes known as disclosure) in those proceedings;
4. providing access would be likely to prejudice an investigation of possible unlawful activity;
5. providing access would be likely to prejudice the activities of enforcement bodies;
6. providing access would reveal information about a commercially sensitive decision-making process;
7. providing access would be unlawful;
8. denying access is required or authorised by law; or
9. the request for access is frivolous or vexatious.
   
   

Correction

If you believe any personal information we hold about you is inaccurate, incomplete or out-of-date, please notify us immediately. We will take reasonable steps to correct the information so that it is accurate, complete and up-to-date. 

If we disagree with you about whether your personal information is inaccurate, incomplete, or out-of-date, and you ask us to associate your statement that your personal information is inaccurate, incomplete, or out of date, with your personal information that we hold, we will take reasonable steps to do so.

Updates

We may update our privacy policy from time to time.  We encourage you to check our website regularly for any updates to our privacy policy.

Feedback, questions and complaints

If you would like any further information about this privacy policy or the way in which we handle your personal information, please contact our privacy officer by:

email: info@mountainblue.com.au 

post: Mountain Blue Foundation, PO Box 6001, South Lismore NSW 2480 

We respect your right to make a complaint if you believe we have not dealt with your personal information appropriately.  Any complaints we receive will be notified to one or more of our company directors and investigated by our privacy officer.  To the extent reasonably possible we will deal with your complaint confidentially.  However, we may disclose your identity in connection with your complaint to the extent we reasonably consider that is necessary for the purpose of investigating or otherwise dealing with your complaint, where required or permitted by law, and where we consider it reasonably necessary or appropriate to do so to respond to any public statement you make about us.

If you contact us in relation to your personal information and believe that we have not resolved your request appropriately, you may be able to apply to the Office of the Australian Information Commissioner to have your complaint heard and determined.

More information about your privacy

For more information about privacy in general, you can visit the Office of the Australian Information Commissioner’s website at https://www.oaic.gov.au/.