Legal

Please find the Frugl Privacy Policy and Terms and Conditions below.

At Frugl we believe the protection of your family’s privacy is fundamental to our mission to help you find cheaper, healthier groceries. We also believe that every relationship should be built on trust and transparency. With that in mind, here are our promises to you:

  • We won’t sell or share your family’s data
  • We are transparent about our practices and will notify you if we make any changes
  • We use the latest security industry best practices to protect your family at all times

Complete Privacy Policy 

Your privacy is important to us. We are subject to the operation of the Privacy Act 1988 (Cth) (Privacy Act) and Part 13 of the Telecommunications Act 1997 (Cth) (Part 13). This policy explains how we handle personal information relating to individuals, whether or not they are customers, so as to ensure we meet our obligations under Part 13 and the Privacy Act.

Terminology

In this policy the expressions “we”, “us” and “our” are a reference to Frugl ABN 11 614 164 948 and other related subsidiaries. The expressions “you” and “your” refer to each and every individual whose personal information we may handle from time to time. The expression “personal information” is used in this policy to refer to information or an opinion about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion. It also means information protected under Part 13 that relates to the affairs or personal particulars of a person. Any reference to us assuming an obligation under the Privacy Act, Part 13 or other privacy legislation can be interpreted as a reference to us also procuring our service providers to undertake a reciprocal obligation to the extent relevant.

Consent

By electing to acquire our services, you will be deemed to consent to us using your personal information in a manner consistent with this privacy policy, including monitoring your use of our website and direct marketing communications.

Types of information collected

We only collect personal information to the extent that this is reasonably necessary for one or more of our functions or activities.

This includes the following kinds of information:

  1. (personal details) including your name and date of birth. 
  2. (contact details) including address and mobile number. 
  3. (financial details) such as credit card or bank account numbers. 
  4. (usage details) such as information about how you use our services.

If you decide not to provide us with certain personal information, we may not be able to provide our services to you.

Method of collection

Our preference is to collect personal information about an individual direct from that individual unless it is unreasonable or impracticable for us to do so.

Information will generally be collected from the following sources:

  1. directly from you, such as when you apply for our services, contact us with an enquiry or complaint, access our website or use our services. 
  2. our related bodies corporate and our third party service providers. 
  3. publicly available sources of information.

You may also provide information to us about other individuals, such as where you nominate someone as an authorised representative or user on your account. In this case, you agree to inform those individuals that you are providing their personal information to us and about our privacy policy. In addition, you warrant that you have obtained the irrevocable consent to provide the personal information from any such individuals whose personal information may be collected by us.

Purpose of collection

Purposes for which we may collect personal information include

  1. to respond to your enquiries and complaints.
  2. to provide our services to you.
  3. to operate, maintain and improve our network.
  4. to conduct market research, improve our services and develop new services.
  5. to provide you with information about our services or promotional and marketing materials that we think might interest you.
  6. where we are legally authorised or required to collect the information.

Use and disclosure

We will not use or disclose personal information for the purposes other than those connected with the primary purpose of collection, or a reasonably related secondary purpose which we believe you should reasonably expect.

Secondary purposes might include disclosure to maintenance personnel or other third party service providers (including outsourced and cloud service providers) who may be unable to avoid accessing personal information in the course of providing technical or other support services to us.

Direct marketing

We will not use or disclose personal information for the purposes of direct marketing to you unless:

  1. you have consented to receive direct marketing materials; or
  2. you would reasonably expect us to use your personal details for this purpose; or
  3. we believe you may be interested in the material but it is impractical for us to obtain your consent.

Our direct marketing materials may be in the form of email, telephone calls, SMS, MMS, website advertising and social media. In every instance, we will ensure that our direct marketing material incorporates an option for you to elect to receive no further such communications.

Please note also that even if you have requested not to receive further direct marketing communications, we may nevertheless continue to provide you with information about changes to our terms and conditions for the supply of goods or services, questionnaires and other factual information. This form of communication is not regarded as “direct marketing” under the Privacy Act.

Storage of data

Typically, we will store personal information on our servers located in Sydney. In addition, we and our service providers utilise cloud technology in connection with the storage of personal information and it is not practicable for us to specify in advance which country will have jurisdiction over such off-shore activities. All of our service providers, however, are required to comply with the Privacy Act in relation to the transfer or storage of personal information overseas.

Data security

We have risk management systems in place to protect the personal information which we hold from misuse or loss and from unauthorised access, modification or disclosure. This includes firewalls and encryption of customer data during storage and transmission. We will destroy or de-identify personal information once we no longer require it for our business purposes.

When using our website and services you should be aware that no data transmission over the Internet can be guaranteed as totally secure. Although we have risk management systems in place and strive to protect such information, we do not warrant the security of any information that you transmit to us over the Internet and you do so at your own risk.

Openness

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 our website. You may obtain a copy of our current policy from our website or by contacting us on the details below. It is your responsibility to check the website from time to time in order to determine whether there have been any changes.

Access, correction and further information

We will take such steps as are reasonable to ensure that the personal information which we collect remains accurate, up to date and complete.

We will provide you with access to your personal information held by us unless we are permitted under thePrivacy Act to refuse to provide you with such access. Please contact us via the details below if you:

  1. wish to have access to the personal information which we hold about you;
  2. consider that the personal information which we hold about you is not accurate, complete or up to date; or
  3. require further information on our personal information handling practice

Contact Details

Frugl Limited

Suite 9, 330 Churchill Avenue, Subiaco WA 6008

Ph +61(8) 6489 1600 ; Fax +61(8) 6489 1601

Privacy Officer: Alistair McCall, Email: privacy@frugl.com.au

There is no charge for requesting access to your personal information but we may require you to meet our reasonable costs in actually providing you with access.

If you consider that the information which we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, we will take reasonable steps, consistent with our obligations under the Privacy Act, to correct that information if you so request.

We will respond to all requests for access and/or correction within 30 days.

Complaints

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 advise us via the above contact details.

If you remain dissatisfied with the way in which we have handled a privacy issue, we suggest you approach an independent advisor or contact the Office of the Australian Information Commissioner for guidance on alternative courses of action which may be available. We will provide our full cooperation in the event that you elect to pursue this course of action.

LAST UPDATED: January 2020

1. General

  1. By installing the Application and each time that You first download, install, view, display, use (“Access”) the Application, You agree to be bound by these Terms of Use. You must not do anything with this Application which is not expressly permitted by these Terms of Use.
  2. We may at any time for any reason and without notice modify, suspend, withdraw or terminate operation of or access to the Application including any functionalities. We may also upgrade the Application for fixes, and to add support for new functions or services.
  3. We may change these Terms of Use from time to time. We suggest that You check these Terms of Use for any changes. Your continued use of the Application following any changes will mean that You accept and agree to the updated version of these Terms of Use.

2. Conditions of using application

  1. As long as You comply with these Terms of Use We grant You a personal non-exclusive, non-transferable free revocable licence to use the Application for Your personal use in accordance with these Terms of Use.
  2. Except as expressly provided in these Terms of Use, no part of the Application and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way, or used for any commercial purpose without Our prior written consent. We reserve the right to restrict and reduce the volume of data being stored by the app for any one user.
  3. You will not, nor allow third parties on Your behalf to: (i) make and distribute copies of the Application (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Application; or (iii) create any kind of derivative works of the Application.
  4. You will be responsible for any third party fees and charges incurred by You in relation to accessing the Application.

3. Proprietary rights

  1. All intellectual property rights in the Application are either owned or controlled by Frugl or the third party licensing Frugl to use their Content.

4. Security

  1. By using the Application You agree that We may collect anonymised data and related information about Your use of the Application including shopping lists and technical information and preferences about Your device, system and application software. We collect this information to provide You with the functionalities of the Application and to optimise Your user experience including to better understand Your requirements and preferences for using the Application and to facilitate the provision of updates.
  2. . If You choose to register when using the Application, we may also collect Personal Information about search history and shopping lists linked to Your account. This information may be used by Us and shared with Frugl and related entities for purposes that include administering, improving, and personalising our products and services. You can find more details in the Frugl privacy policy at https://www.frugl.com.au/legal/.
  3. You are responsible for maintaining the confidentiality of the information You hold for Your account, including Your password, and for any and all activity that occurs under Your account as a result of Your failing to keep this information secure and confidential. You must immediately notify Us of any unauthorized use of Your account or password, or any other breach of security.

5. Digital services

  1. The services we may use from time to time include those offered by Google (including Google Assistant) and Apple (including Siri). We note that enabling the use of voice commands on Siri or Google Voice will involve the sharing of anonymised data, such as text string product searches, from Your use of the Frugl Grocery App with those entities. You can find more details in the privacy policies for those services, including information on how to opt-out of certain conduct.

6. Third party terms

  1. In this section, “Google” refers to Google Inc. with principal place of business at 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States and “Apple” refers to Apple Inc. with principal place of business at 1 Infinite Loop, Cupertino, California, USA, 95014.
  2. This agreement is between You and us only and You agree that:

a) Apple and Google have no responsibility for Frugl Grocery or its contents;

b) Apple and Google have no responsibility whatsoever to furnish any maintenance and support services for Frugl Grocery;

c) Apple and Google have no responsibility for any warranties (whether express or implied) or claims, whether brought by You or by third parties, relating to or arising from supply of the Frugl Grocery App (including Frugl Grocery liability claims, claims that Frugl Grocery fails to conform with any applicable legal or regulatory requirement and claims arising under consumer protection or similar legislation);

d) Apple and Google have no responsibility for the investigation, defence, settlement and discharge of any third party intellectual property infringement claim in respect of the contents of the Frugl Grocery App; and

e) Apple and Google and each of its subsidiaries are third party beneficiaries of this agreement and, upon Your acceptance of this agreement, Apple and Google will have the right (and will be deemed to have accepted the right) to enforce this agreement.

f) You also represent and warrant that You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and that You are not listed on any U.S. Government list of prohibited or restricted parties.

Products, prices, nutrition and ingredients

  1. Product prices are correct at time of publishing (based on Your registered postcode).
  2. We do not warrant that all products are available at all stores all the time. Some stores may not stock certain products or some products may be out of stock at certain times.
  3. Products and prices stated on the Application are subject to change at any time and without notice. While we will use our reasonable commercial endeavours to update the information available on the Application, it may be out of date from time to time.
  4. Whilst every care has been taken to ensure the accuracy of the data, no warranty of this accuracy is provided. Some data required by the Application has been estimated to enable ranking of products. All users, especially those with special dietary requirements or food sensitivities, should assess the accuracy and relevance of this information for their personal circumstances by comparison with the manufacturers’ product labelling.
  5. The information should be used as a guide only and should not be relied upon as a substitute for professional medical advice. Frugl and related entities are not liable for any loss or damage You suffer arising out of the use of or reliance on the information, except that which cannot be excluded by law. We recommend that You consult Your doctor or other qualified health professional if You have questions or concerns about Your, or your family’s health.
  6. The information contained within this Application is for general information purposes only and should not be considered professional medical advice. You should consult a doctor for any specific nutritional needs that You may have.
  7. When You Access Frugl Grocery You may view food product information and associated alternatives which may be of interest to You and Your family. In relation to such information, You acknowledge and agree that: Any information:

a) is provided “as is”; 

b) does not take into account Your individual circumstances and is general information only; 

c) has been compiled based on the ingredients list, nutritional panel information or other relevant information on the product’s packaging at the time of data collection, and as the information is provided by third parties we may not be in a position to verify this information. We do not warrant that any such information is true or accurate and we exclude all liability in respect of the accuracy, completeness, fitness for purpose or legality of that information;

d) has been provided on the basis that all persons using Frugl Grocery undertake the responsibility for assessing the accuracy and relevance of its information for their personal circumstances and that they rely on it entirely at their own risk. You are free to ignore the associated alternatives. It is Your responsibility to check that the alternative offerings are acceptable to You; and 

e) should be used as a guide only and should not be relied upon as a substitute for professional medical, nutritional or other health professional advice. We recommend that You consult Your doctor or other qualified health professional if You have questions or concerns about Your or Your family’s health.

f) All users, especially those with special dietary requirements or food sensitivities or allergies, should ensure that they are clear on the ingredients of the product prior to consumption. Frugl Grocery recommends that, where further dietary information is important to You, for example because You have an allergy or specific dietary requirement, You should check with the product manufacturer directly.

g) Manufacturing recipes change from time to time. We make no warranties or representations regarding the completeness or accuracy of the information or any recommendations and are not liable for any loss or damage (financial or otherwise) You or Your family suffer arising out of the use of, or reliance on, the information, except that which cannot be excluded by law. The information may be updated, altered or removed, from time to time, at any time, without notice to You.

8. Limitations of liability

  1. Except where prohibited by law, We will not be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of Your use of or access to the Application, including loss of profit or the like whether or not in the contemplation of the parties, whether based on breach of contract, tort, product liability or otherwise.
  2. We are not liable to You for any damage or alteration to Your equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation or use of the Application.
  3. Frugl is not responsible for any issues with Siri/Google Shortcuts or if Apple/Google make any changes to technology that impacts the way you access, or any other functionality, of the Frugl Grocery app.

9. Disclaimer of warrants

  1. Other than those implied by law and which cannot be excluded the Application is provided “as is” and “as available” without warranty of any kind. We will use reasonable efforts to make the Application available at all times, however the quality and availability of the Application may be affected by factors outside Our reasonable control such as Your internet connection or other network issues.
  2. To the maximum extent permitted by law We disclaim all express and implied warranties with regard to the Application including accuracy, merchantability and fitness for particular purpose.

10. Effects of termination

  1. Upon any termination, the rights and licenses granted to you will immediately terminate and You must cease using the Application.

11. Governing law

  1. These Terms of Use will be governed by and construed according to the law of Western Australia and the parties submit to the jurisdiction of the courts of Western Australia.

12. Definitions

In these Terms of Use:

  1. “Application” means the application provided by Us relating to products and services We offer and any upgrades and other software enabling use of the Application. References to “Frugl Grocery” are references to the Frugl Grocery iPhone, Android and Web applications
  2. Content” means all copyright, database rights text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, software code and the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content and other intellectual property rights.
  3. Terms of Use” mean these terms and conditions governing Your use of the Application.
  4. Us” or “We” or “Our” means Frugl ACN: 167 770 425 ABN: 44 167 770 425 and related entities.
  5. You” means the person to which the device is registered or the person authorised to use the device, upon which the Application is installed.

LAST UPDATED: 16 December 2019

 

If you have any questions or concerns, please don’t hesitate to contact the Frugl team.