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Privacy Statement

This document declares the undertakings by Arabicas Coffee Australia Pty Ltd in relation to its handling of your personal data.





Contents



Data Collection

Arabicas Coffee Australia Pty Ltd undertakes to collect your personal data by means that are:
  • fair;
  • legal; and
  • transparent.


If you visit Arabicas Coffee Australia Pty Ltd's web-site, your web-browser automatically discloses, and Arabicas Coffee Australia Pty Ltd's web-server automatically logs, the following information: the date and time, the IP address from which you issued the request, the type of browser and operating system you are using, the URL of any page that referred you to the page, the URL you requested, and whether your request was successful. This data may or may not be sufficient to identify you.

Any additional data that you provide, e.g. in a web-form, may also be logged. This data may or may not be sufficient to identify you.

Any additional data that your web-browser automatically providesmay also be logged. This will be the case, for example, if your browser has previously been requested to store data on your computer in 'cookies'and submits them each time you request a web-page within a particular domain (such as coffeeworks.com.au). This data may or may not be sufficient to identify you.

If you disclose personal data to Arabicas Coffee Australia Pty Ltd in conjunction with an identifier such as your name or your credit-card details , Arabicas Coffee Australia Pty Ltd will collect your personal data. Moreover, any data that becomes available to Arabicas Coffee Australia Pty Ltd through any of the means described in the preceding paragraphs may be able to be associated with that identifier, and hence become your personal data.
Subject to the qualifications immediately below, Arabicas Coffee Australia Pty Ltd undertakes to collect your personal data from you and not from other parties. This undertaking is qualified as follows:
  • where Arabicas Coffee Australia Pty Ltd reasonably considers that the protection of its financial interests requires that it gather your personal data from other sources, or from additional sources. This applies in particular where Arabicas Coffee Australia Pty Ltd has a lending exposure to you, and seeks information about your creditworthiness;
  • where Arabicas Coffee Australia Pty Ltd reasonably considers that its capability to deliver quality services to you will be materially enhanced by gathering your personal data from other sources. This applies in particular to consumer profile data.


Where Arabicas Coffee Australia Pty Ltd collects your personal data from sources other than you , it undertakes:
  • to do so only by legal means;
  • to do so only with your Consent; and
  • to declare to you what sources it uses, and under what circumstances.


Arabicas Coffee Australia Pty Ltd undertakes to declare the purpose of collectionin a manner which is clear and meaningful, and to avoid vague, highly inclusive statements such as 'to support our operations'.





Data Security

Arabicas Coffee Australia Pty Ltd undertakes to storeyour personal data in a manner that ensures security against unauthorised access, alteration or deletion, at a level commensurate with its sensitivity.

Arabicas Coffee Australia Pty Ltd undertakes to store your personal data only in jurisdictionswhere data protections are at least equivalent to those required under the OECD Guidelines.

Arabicas Coffee Australia Pty Ltd undertakes to transmityour personal data in a manner that ensures security against unauthorised access, alteration or deletion, at a level commensurate with its sensitivity.

Arabicas Coffee Australia Pty Ltd undertakes to implement appropriate measures to ensure security of your personal data against inappropriate behaviour by Arabicas Coffee Australia Pty Ltd's staff-members and contractors . These include:
  • training for staff in relation to privacy;
  • access control, to limit access to your personal data to those staff and contractors who have legitimate reasons to access it;
  • particularly in the case of sensitive data, audit trails of accesses, including the identities of staff and contractors accessing the data;
  • reminders to staff and contractors from time to time about the importance of data privacy, and the consequences of inappropriate behaviour;
  • declaration of appropriately strong sanctions that are to be applied in the event of inappropriate behaviour
  • clear communication of policies and sanctions; and
  • processes to audit, to investigate and to impose sanctions.




Data Use

Use refers to the application of your personal data by any part of Arabicas Coffee Australia Pty Ltd, or any staff-member or contractor of Arabicas Coffee Australia Pty Ltd in the course of their work.
Arabicas Coffee Australia Pty Ltd undertakes to use your personal data only for:
  • the purposes for which it was collected;
  • such other purposes as are subsequently agreed between Arabicas Coffee Australia Pty Ltd and You;
  • such additional purposes as may be required by law. In these circumstances, Arabicas Coffee Australia Pty Ltd will take any reasonable steps available to it to communicate to You that the use has occurred, unless it is precluded from doing so by law; and
  • such additional purposes as are authorised by law(in particular to protect Arabicas Coffee Australia Pty Ltd's interests, e.g. if it believes on reasonable grounds that You have failed to fulfil your undertakings to Arabicas Coffee Australia Pty Ltd or have committed a breach of the criminal law).


Arabicas Coffee Australia Pty Ltd undertakes to use your personal data only if it has demonstrable relevance to the particular use to which it is being put.

Arabicas Coffee Australia Pty Ltd undertakes to use your personal data in such a manner as to take into account the possibility that it is not of sufficient quality for the purpose, e.g. because it is inaccurate, out-of-date, incomplete, or out-of-context.





Data Disclosure

Disclosure refers to making your personal data available to any party other than Arabicas Coffee Australia Pty Ltd and You. The term disclosure may include many different conditions of data transfer, including selling, renting, trading, sharing and giving.
Arabicas Coffee Australia Pty Ltd undertakes to disclose your personal data only under the following circumstances:
  • in the course of business being conducted between You and Arabicas Coffee Australia Pty Ltd , where disclosure is necessary to a contractor, such as a transport company. Where your personal data is disclosed in this way, Arabicas Coffee Australia Pty Ltd undertakes to exercise control over Arabicas Coffee Australia Pty Ltd's contractors to ensure that their actions are compliant with these Terms;
  • in other circumstances that are directly implied by the purpose agreed between You and Arabicas Coffee Australia Pty Ltd at the time of data collection or subsequently. Where your personal data is disclosed in this way, Arabicas Coffee Australia Pty Ltd undertakes to exercise control over Arabicas Coffee Australia Pty Ltd's contractors to ensure that their actions are compliant with these Terms;
  • with your consent, or at your request;
  • where required by law, such as a provision of a statute, or a court order such as a search warrant or sub poena. In these circumstances, Arabicas Coffee Australia Pty Ltd will take any reasonable steps available to it to communicate to You that the disclosure has occurred, unless it is precluded from doing so by law;
  • where permitted by law (e.g. the reporting of suspected breach of the criminal law to a law enforcement agency; and in an emergency, where Arabicas Coffee Australia Pty Ltd believes on reasonable grounds that the disclosure of your personal data will materially assist in the protection of the life of health of some person), provided that Arabicas Coffee Australia Pty Ltd will apply due diligence to ensure that the exercise of the permission is justifiable.


In all cases, Arabicas Coffee Australia Pty Ltd undertakes to disclose only such of your personal data as is necessary in the particular circumstances.





Data Retention and Destruction

Subject to the qualifications immediately below, Arabicas Coffee Australia Pty Ltd undertakes:
  • to retain your personal data only as long as is consistent with its purpose; and
  • to destroyyour personal data when its purpose has expired, and to do so in such a manner that your personal data is not subsequently capable of being recovered.


This undertaking is qualified as follows:
  • your personal data may be retained in Arabicas Coffee Australia Pty Ltd's logs, backups and audit trailswithin short-term retention cycles that are devised to protect the company's operations. In such cases, your personal data will be destroyed in accordance with those cycles;
  • your personal data may be retained beyond the expiry of its purpose if that is required by law, such as a provision of a statute, or a court order such as a search warrant or sub poena, or a warning by a law enforcement agency that delivery of a court order is imminent. In these circumstances, Arabicas Coffee Australia Pty Ltd:
    • will take any reasonable steps available to it to communicate to You that your personal data is being retained, unless it is precluded from doing so by law; and
    • will only retain your personal data while that provision is current, and will then destroy your personal data;
  • your personal data may be retained beyond the expiry of its purpose if it is authorised by law(in particular to protect Arabicas Coffee Australia Pty Ltd's interests, e.g. if it believes on reasonable grounds that You have failed to fulfil your undertakings to Arabicas Coffee Australia Pty Ltd or have committed a breach of the criminal law). In these circumstances, Arabicas Coffee Australia Pty Ltd will only retain your personal data while that situation is current, and will then destroy your personal data.




Access by You to Your Personal Data

Arabicas Coffee Australia Pty Ltd undertakes to provide you with accessto your personal data, subject to only such conditions and processes as are reasonable in the circumstances. In particular, Arabicas Coffee Australia Pty Ltd undertakes to enable access:
  • conveniently;
  • without unreasonable delay; and
  • without cost.


Arabicas Coffee Australia Pty Ltd undertakes to establish and operate identity authentication protections for access to your personal datathat are appropriate to its sensitivity, but practical. This may involve some inconvenience; for example, relatively straightforward procedures may be involved in order to provide you with access through a channel that you have previously registered with Arabicas Coffee Australia Pty Ltd (such as a particular email-address), but may impose more onerous procedures if you wish to use some other channel.

In the event that you dispute some aspect of your personal data, Arabicas Coffee Australia Pty Ltd undertakes to take reasonable steps in relation to the amendment, supplementation or deletion of your personal data.
You undertake:
  • not to seek access for frivolous purposes, or unreasonably frequently;
  • to accept that deletion of some data may not be consistent with the provision of particular services by Arabicas Coffee Australia Pty Ltd to you.




Information about Data-Handling Practices

Arabicas Coffee Australia Pty Ltd undertakes to make information available to you about the manner in which Arabicas Coffee Australia Pty Ltd handles your personal data:
  • in general terms, in a readily accessible manner; and
  • in more specific terms, on request.


Where your personal data is disclosed to a contractor, Arabicas Coffee Australia Pty Ltd undertakes to make information available to you on request about the manner in which Arabicas Coffee Australia Pty Ltd's contractors handle your personal data.

Arabicas Coffee Australia Pty Ltd undertakes to ensure that the information provided is meaningful, and addresses your concerns.
You undertake:
  • not to seek such information for frivolous purposes, or unreasonably frequently; and
  • to accept that the disclosure of excessive detail may harm the security of your personal data and Arabicas Coffee Australia Pty Ltd's business processes, and may harm Arabicas Coffee Australia Pty Ltd's commercial interests.




Handling of Enquiries, General Concerns and Complaints

If you have enquiries, general concerns, or complaints about these Terms, or about Arabicas Coffee Australia Pty Ltd's behaviour in relation to these Terms, you undertake:
  • to communicate them in the first instance:
    • to Arabicas Coffee Australia Pty Ltd only;
    • in sufficient detail;
    • through a channel made available by Arabicas Coffee Australia Pty Ltd for that purpose;


Arabicas Coffee Australia Pty Ltd undertakes:
  • to provide one or more channels for communications to Arabicas Coffee Australia Pty Ltd, which are convenient to users;
  • to promptly provide acknowledgementof the receipt of communications, including the provision of a copy of the communication, the date and time it was registered, and Arabicas Coffee Australia Pty Ltd's reference-code for the communication;
  • to promptly provide a response to the communication, in an appropriate and meaningful manner.


You further undertake to not pursue Arabicas Coffee Australia Pty Ltd through any Regulator or the media:
  • until and unless Arabicas Coffee Australia Pty Ltd has had a reasonable opportunity to respond to the initial communication; and
  • while Arabicas Coffee Australia Pty Ltd and you remain are conducting a meaningful dialogue about the matter.




Enforcement

Arabicas Coffee Australia Pty Ltd declares that its undertakings in these Terms are intended to create legal obligations, and that those obligations are intended to be enforceable under appropriate laws in appropriate jurisdictions. These include laws relating to data protection, privacy, fair trading, corporations and criminal laws.

You undertake to seek enforcement only in a jurisdiction that is relevant to the transactions that have taken place between You and Arabicas Coffee Australia Pty Ltd, in particular the jurisdiction in which you live or in which you performed the relevant acts, and the jurisdiction in which Arabicas Coffee Australia Pty Ltd is domiciled or performed the relevant acts.

If you wish to discover the relevant laws in any particular jurisdiction, Arabicas Coffee Australia Pty Ltd draws your attention to the following resources:



Changes to These Privacy Undertakings

Arabicas Coffee Australia Pty Ltd undertakes:
  • not to materially change these Terms in a manner that reduces the protections for your personal data;
  • to take all possible steps to prevent any company that acquires this company or any of its relevant assets from materially changing the Terms applicable to your personal data in a manner that reduces the protections for your personal data;
  • where it is considering making changes to these Terms, or creating more specific Terms relating to specific services, to consult with appropriate representative and advocacy organisations;
  • where it makes changes to these Terms, to ensure that the differences between successive versions are readily accessible;
  • to maintain all prior versions of these Terms in such a manner that they are dated, and readily accessible.




Definitions


Arabicas Coffee Australia Pty Ltd also means The Coffee Works.

your personal data means data that is capable of being associated with you, whether or not it includes an explicit identifier such as your name or customer number. In particular, it encompasses all data that Arabicas Australia Pty Ltd is capable of correlating with you, using such means as server-logs and cookie-contents.

your personal data does not refer to data that can no longer be associated with you. This includes aggregated data that does not and cannot identify the individuals whose data are included in the aggregation.

Consent means your concurrence with an action to be taken by ThisCompany. Consent may be express or implicit, but in either case must be informed and freely-given.





Thanks to Roger Clarke for constructing the template for this privacy statement/policy.