At Frugl we believe the protection of your personal information 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 data without your consent
- 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 data at all times
Your privacy is important to us. 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 the Privacy Act 1988.
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 the Privacy Act that relates to the affairs or personal particulars of a person.
Any reference to us assuming an obligation under the Privacy Act 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.
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:
- Personal details including your name and the postcode where you live.
- Contact details including your email address.
- Usage details such as information about how you use our services.
To make our services more useful to you, our servers (which may be hosted by a third-party service provider) collect Personal Data from you, including browser type, operating system, Internet Protocol (IP) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, and/or a date/time stamp for your visit.
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 directly from that individual unless it is unreasonable or impracticable for us to do so.
Information will generally be collected from the following sources:
- 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.
- Our related bodies corporate and our third party service providers.
- Publicly available sources of information.
Purposes of collection
Purposes for which we may collect personal information include
- to respond to your enquiries and complaints.
- to provide our services to you.
- to operate, maintain and improve our network.
- to conduct market research, improve our services and develop new services.
- to provide you with information about our services or promotional and marketing materials that we think might interest you.
- 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. We may also share your Personal Data with third parties as described below:
Advertisers: We may, from time to time, allow advertisers and/or merchant partners (the “Advertisers”) to choose the demographic data of users who will see their advertisements and/or promotional offers and you agree that we may provide any of the data we have collected from you in non-personally identifiable form to an Advertiser, in order for that Advertiser to select the appropriate audience for those advertisements and/or offers. For example, we might use the fact that you are located in Sydney to show you ads or offers for relevant Sydney businesses, but we will not tell such businesses who you are. Or, we might allow Advertisers to display their ads to users with similar usage patterns to yours, but we will not disclose usage data to Advertisers except in an aggregate form, and not in a manner that would identify you personally. Note that if an advertiser asks us to show an ad to a certain audience or audience segment and you respond to that ad, the advertiser may conclude that you fit the description of the audience they were trying to reach. You may at all times oppose to this advertising by contacting us through the email displayed at the top of this Policy.
Affiliated Businesses: In certain situations, businesses or third-party websites that we’re affiliated to may, from time to time, sell or provide products to you through or in connection with the Services (either individually or jointly with us). You can recognise when an affiliated business is associated with such a transaction or service, and we will share your Personal Data with that affiliated business only to the extent that it is related to such transaction or service. We have no control over the policies and practices of third-party websites or businesses as to privacy or anything else, so if you choose to take part in any transaction or service relating to an affiliated website or business, please review all policies of such businesses or websites.
Our Partners: We employ other companies and people to perform tasks on our behalf and need to share your data with them to provide products to you; for example, we use a hosting service to store our database. Unless we tell you otherwise, our agents do not have any right to use the Personal Data we share with them beyond what is necessary to assist us.
Reports/Analytics: Frugl stores data that is used in the form of aggregated and generic statistics or reports in order to better understand user profiles for the improvement of the products offered by Frugl.
We will not use or disclose personal information for the purposes of direct marketing to you unless:
- you have consented to receive direct marketing materials; or
- you would reasonably expect us to use your personal details for this purpose; or
- 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, mobile notifications, 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.
Cookies and similar technologies allow our websites and mobile applications to interact more efficiently with the device used and to help us improve the content and functioning of our websites and mobile applications. They also generate detailed statistics about traffic to our websites, how individuals interact with advertisements on our (and third party) websites, browsing and other activity, and can measure and record conversions and sales.
Storage of data
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.
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.
We will retain your Personal Data only for as long as necessary to fulfil the purposes we collected them for, including for the purposes of complying with any legal, contractual or accountability obligations, or reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount, nature, and the sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve such purposes through other means, and the applicable legal requirements.
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:
- wish to have access to the personal information which we hold about you;
- consider that the personal information which we hold about you is not accurate, complete or up to date; or
- require further information on our personal information handling practice
Frugl Limited Suite 9, 330 Churchill Avenue, Subiaco WA 6008
Ph +61(8) 6489 1600 ; Fax +61(8) 6489 1601
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.
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.
- 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.
2. Conditions of using application
- 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.
- You will be responsible for any third party fees and charges incurred by You in relation to accessing the Application.
3. Proprietary rights
- All intellectual property rights in the Application are either owned or controlled by Frugl or the third party licensing Frugl to use their Content.
- 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.
- 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
- 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
- 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.
- 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
- Product prices are correct at time of publishing (based on Your registered postcode).
- 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.
- 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.
- 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.
- 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.
- 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.
- 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
- 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.
- 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.
- 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
- 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.
- 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
- Upon any termination, the rights and licenses granted to you will immediately terminate and You must cease using the Application.
11. Governing law
- “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
- “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.
- “Us” or “We” or “Our” means Frugl ACN: 167 770 425 ABN: 44 167 770 425 and related entities.
- “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