Privacy Policy

Cherryhill Orchards Pty Ltd (ACN 653 630 365 ABN 62 653 630 365), (CherryHill, we, our, us) respects your privacy. We are committed to providing quality services to you, and to complying with our obligations under the Privacy Act 1988 (Cth) (the Act) and National Privacy Principles (NPPs).

This Policy outlines what kinds of personal information and sensitive information we collect, why we collect this information, how we capture and store this information and how we handle and dispose of this information. In this Policy we also explain what your rights are and how you can contact us.

1. The Act and NPPs

We are bound by, and have adopted, the NPPs as set out in the Act. A copy of the Act, which includes the NPPs, can be found at http://www.austlii.edu.au/cgi-bin/viewdb/au/legis/cth/consol_act/pa1988108/.

2. Personal Information and Sensitive Information

The Act defines “personal information” as 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.

The Act defines “sensitive information” includes the following information about an individual, that is also personal information:

• racial or ethnic origin;

• political opinions;

• membership of a political association;

• religious beliefs or affiliations;

• philosophical beliefs;

• membership of a professional or trade association;

• membership of a trade union;

• sexual orientation or practices; or

• criminal record.

3. Collection of Personal Information and Sensitive Information

We collect, or may collect, personal information and/or sensitive information about you (collectively referred to as your Information) where this is reasonably necessary for, or directly related to, one or more functions under our Terms and Conditions, as displayed on this Website (Website).

Amongst other things, we will primarily collect and use your Information to:

• enable us to comply with our obligations and enforce our rights under our Terms and Conditions;

• where applicable, enable an appropriate third party to complete a delivery of Products that are the subject of an Order;

• communicate with you, and enable any third party who makes a delivery of Products that are the subject of an Order to communicate with you;

• verify and confirm your identity;

• enable us to verify your details and verify whether you are in compliance with your obligations under our Terms and Conditions;

• improve our services and capabilities in operating our business for customers;

• provide you with marketing mail outs, commercial electronic messages and tailored advertising (Marketing Material), and collate information so we can engage with our customers via Marketing Material;

• manage complaints and feedback;

• register and track customer enquiries that we receive (such as product feedback, complaints or brand enquiries); and

• secondary purposes closely related to the above primary purpose, in circumstances where you would reasonably expect such use or disclosure.

4. Types of your Information that we may collect

Examples of the types of your Information that we may collect includes your name, address, email addresses, phone numbers, facsimile numbers, gender and date of birth.

We may also collect your Information about how you use our Website, such as the pages on our Website which you visit, the online forms you fill in, your interactions, the searches that you make on our Website, your language preferences, past Orders that you have placed and so on.

Website analytics

Our web server makes a record of your visit to our Website and logs the following information for statistical purposes:

i)     the user’s server address;

ii)    the user’s top level domain name (eg. .com, .gov, .au, .uk etc.);

iii)   the date and time of the visit to the Website;

iv)   the pages accessed and documents downloaded;

v)    the referring site; and

vi)   the type of browser used.

No attempt will be made to identify users or their browsing activities except, in the unlikely event of an investigation, where a law enforcement agency may exercise a warrant to inspect the web server’s logs. In the event of this occurring, this information will be treated as Personal Information under this Policy.

5. Disclosure of your Information

We will only use and disclose your Information in accordance with the Act and NPPs. This may include where use or disclosure is required by law, where we have your consent to the use or disclosure, or for the purpose for which it was collected or related purposes that you would reasonably expect us to use or disclose your Information.

We do not sell, provide, or allow your Information to be viewed by any other person other than those employed by, or working on behalf of, us.

We will not disclose any of your Information to any other individuals or organisations apart from hired contractors and/or service providers that we engage on a confidential basis to assist us in complying with our obligations under the Terms and Conditions.

Your Information may also be:

a) disclosed to our service providers such as PayPal and BPay, including service providers which are located outside of Australia; and

b) disclosed to other bodies to improve our marketing services to our customers;

You consent to the possible disclosure of your Information in this manner.

Other than as outlined above, we will not disclose your personal information to any third parties without your prior consent unless we are required or authorised by law.

6. Storage and Security of your Information

CherryHill understands the importance of protecting your Information from misuse, loss or unauthorised access or use. CherryHill will take all reasonable steps to ensure that your personal information is secure.

Your Information that is provided to us in electronic form will be securely stored on servers located in Sydney, Singapore, New York and San Francisco. Physical copies of your Information provided to us are kept in storage rooms with restricted access.

Any of your Information that you provide us with via the Internet is provided at your own risk.

Only staff members with a secure password may access your Information, and only when reasonably required. Such access to your Information by our staff members is recorded by log files, to track unauthorised access and modifications.

CherryHill will destroy or de-identify your Information when we no longer need it for the purpose for which it was collected, unless the law requires otherwise. 

We do not accept any responsibility for, and will not be held accountable for, the privacy practices of other websites that appear as links on our Website.

CherryHill understands the importance of protecting your Information from misuse, loss or unauthorised access or use. CherryHill will take all reasonable steps to ensure that your personal information is secure.

Your Information that is provided to us in electronic form will be securely stored on servers located in Sydney, Singapore, New York and San Francisco. Physical copies of your Information provided to us are kept in storage rooms with restricted access.

Any of your Information that you provide us with via the Internet is provided at your own risk.

Only staff members with a secure password may access your Information, and only when reasonably required. Such access to your Information by our staff members is recorded by log files, to track unauthorised access and modifications.

CherryHill will destroy or de-identify your Information when we no longer need it for the purpose for which it was collected, unless the law requires otherwise. 

We do not accept any responsibility for, and will not be held accountable for, the privacy practices of other websites that appear as links on our Website.

7. Accessing, Updating and Correcting your Account Information

You have the right to access, update and correcting your account information that you have supplied to us.

If you are a registered customer, upon logging on with your user name and password you may view and alter the account information that you have provided us with.

8. Changes to Privacy Policy

We reserve the right to review and amend our Privacy Policy from time to time, as and when we consider this to be appropriate (at our absolute discretion). If we amend our Privacy Policy we will post will post an updated version of the policy on this Website.

9. Privacy Policy Complaints

We have a Complaints procedure for any privacy issues that arise. In general, our Complaints procedure is that the matter is referred to a Director of CherryHill, who will personally make all enquiries and ensure that the Complaint is dealt with appropriately.

If you wish to make a Complaint about any privacy issues, please submit a written complaint by email to info@cherryhill.com.au, attention to Stephen Riseborough.

10. Privacy Policy Enquiries

In terms of Enquiries, you are welcome to contact us if you:

• would like to discuss the collection, use or disclosure of your Information;

• would like to request access to, correction or deletion of any personal information;

• no longer wish to receive Marketing Information from or on behalf of CherryHill;

• would like to make a general enquiry including but not limited to feedback, complaints or brand enquiries.