OAKBERRY – PRIVACY POLICY
OAKBERRY – PRIVACY POLICY
Oakberry Australia Pty Ltd (ACN 680 820 642) (we, us or our), understands that protecting your personal information is
important. This Privacy Policy sets out our commitment to protecting the privacy of personal information provided to us,
or collected by us, when interacting with you, including when you purchase products at our stores, or when you use our
mobile phone app, or when you participate in the OAKBERRY Club Loyalty Program.
The information we collect
Personal information: is information or an opinion, whether true or not and whether recorded in a material form or not,
about an individual who is identified or reasonably identifiable.
The types of personal information we may collect about you include:
• Identity Data including your name, date of birth and age.
• Contact Data including your telephone number, address and email.
• Financial Data including bank account and payment card details (through our third party payment processor,
Stripe, who stores such information and we do not have access to that information).
• Transaction Data including details about payments to you from us and from you to us and other details of
products and services you have purchased from us or we have purchased from you.
• Technical and Usage Data when you access any of our websites or platforms, details about your internet
protocol (IP) address, login data, browser session and geo-location data, statistics on page views and sessions,
device and network information, acquisition sources, search queries and/or browsing behaviour, access and
use of our website (including through the use of Internet cookies or analytics), and communications with our
website.
• Profile Data including your username and password for our mobile phone app, profile picture, purchases or
orders you have made with us, information you have shared with our social media platforms, and support
requests you have made.
• Interaction Data including information you provide to us when you participate in any interactive features,
including surveys, contests, promotions, activities or events.
• Marketing and Communications Data including your preferences in receiving marketing from us and our third
parties and your communication preferences.
• Professional data including where you are a worker of ours or applying for a role with us, your professional
history such as your previous positions and professional experience.
• Sensitive information is a sub-set of personal information that is given a higher level of protection. Sensitive
information means information relating to your racial or ethnic origin, political opinions, religion, trade union
or other professional associations or memberships, philosophical beliefs, sexual orientation or practices,
criminal records, health information or biometric information. We do not request your sensitive information,
however, you may voluntarily choose to share it with us, for instance, if you voluntarily shared dietary
requirements with us. We may come across your sensitive information if you are applying for a job with us,
and you choose to provide sensitive information on your CV.
How we collect personal information
We collect personal information in a variety of ways, including:
• when you interact directly with us, including face-to-face, over the phone, over email, or online;
• when you complete a form, such as registering for any events or newsletters, or responding to surveys;
• when you apply for a job with us; or
• from third parties, such as details of your use of any website we operate (from our analytics and cookie
providers and marketing providers. See the “Cookies” section below for more detail on the use of cookies).
Why we collect, hold, use and disclose personal information
Personal information: We collect, hold, use and disclose your personal information for the following purposes:
• to enable you to access and use our mobile app, including to provide you with a login;
• to provide our products to you, including process and make available your orders at our stores;
• to contact and communicate with you about our mobile phone app or website, including in response to any
support requests you lodge with us or other enquiries you make with us;
• for internal record keeping, administrative, invoicing and billing purposes;
• for analytics, market research and business development, including to operate and improve our business,
associated applications and associated social media platforms;
• for advertising and marketing, including to send you promotional information about our events and
experiences and information that we consider may be of interest to you;
• to run promotions, competitions and/or offer additional benefits to you;
• if you have applied for employment with us, to consider your employment application; and
• to comply with our legal obligations or if otherwise required or authorised by law.
Sensitive information: As mentioned above under ‘The Information we collect’, we do not request your sensitive
information, however, you may voluntarily choose to share it with us. If you do choose to share sensitive information with
us, we will only collect, hold, use and disclose sensitive information for the following purposes:
• any purposes you consent to;
• the primary purpose for which it is collected, for instance, to cater to any dietary requirements you share with
us, or to review your CV if you provide sensitive information on your CV;
• secondary purposes that are directly related to the primary purpose for which it was collected, including
disclosure to the below listed third parties as reasonably necessary to do business with you;
• to contact emergency services, or to speak with your family, partner or support person where we reasonably
believe there is a serious risk to the life, health or safety of you or another person and it is impracticable for us
to obtain your consent; and
• if otherwise required or authorised by law.
Our disclosures of personal information to third parties
Personal information: We may disclose personal information (excluding sensitive information) to:
• our employees, contractors and/or related entities;
• IT service providers, data storage, web-hosting and server providers;
• marketing or advertising providers, including Hubspot;
• project management software, including Monday;
• professional advisors, bankers, auditors, our insurers and insurance brokers;
• payment systems operators or processors;
• our hospitality IT platform, Redcat;
• our existing or potential agents or business partners;
• sponsors or promoters of any promotions or competition we run;
• anyone to whom our business or assets (or any part of them) are, or may (in good faith) be, transferred;
• courts, tribunals and regulatory authorities, in the event you fail to pay for goods or services we have provided
to you;
• courts, tribunals, regulatory authorities and law enforcement officers, as required or authorised by law, in
connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our
legal rights;
• third parties to collect and process data, such as analytics providers and cookies; and
• any other third parties as required or permitted by law, such as where we receive a subpoena.
Sensitive information: We may disclose sensitive information to:
• our employees, contractors and/or related entities;
• IT service providers, data storage, web-hosting and server providers;
• professional advisors;
• anyone to whom our business or assets (or any part of them) are, or may (in good faith) be, transferred;
• courts, tribunals, regulatory authorities and law enforcement officers, as required or authorised by law, in
connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our
legal rights;
• third parties to collect and process data, such as analytics providers and cookies; and
• any other third parties as required or permitted by law, such as where we receive a subpoena.
Google Analytics: We have enabled Google Analytics Advertising Features. We and third-party vendors may use first-party
cookies (such as the Google Analytics cookie) or other first-party identifiers, and third-party cookies (such as Google
advertising cookies) or other third-party identifiers together. These cookies and identifiers may collect Technical and Usage
Data about you.
You can opt-out of Google Analytics Advertising Features including using a Google Analytics Opt-out Browser add-on found
here. To opt-out of personalised ad delivery on the Google content network, please visit Google’s Ads Preferences
Manager here or if you wish to opt-out permanently even when all cookies are deleted from your browser you can install
their plugin here. To opt out of interest-based ads on mobile devices, please follow these instructions for your mobile
device: On android open the Google Settings app on your device and select “ads” to control the settings. On iOS devices
with iOS 6 and above use Apple’s advertising identifier. To learn more about limiting ad tracking using this identifier, visit
the settings menu on your device.
To find out how Google uses data when you use third party websites or applications, please see here.
Overseas disclosure
While we store personal information in Australia, where we disclose your personal information to the third parties listed
above, these third parties may store, transfer or access personal information outside of Australia, including but not limited
to the United States. We will only disclose your personal information overseas in accordance with the Australian Privacy
Principles.
Your rights and controlling your personal information
Your choice: Please read this Privacy Policy carefully. If you provide personal information to us, you understand we will
collect, hold, use and disclose your personal information in accordance with this Privacy Policy. You do not have to provide
personal information to us, however, if you do not, it may affect our ability to do business with you.
Information from third parties: If we receive personal information about you from a third party, we will protect it as set
out in this Privacy Policy. If you are a third party providing personal information about somebody else, you represent and
warrant that you have such person’s consent to provide the personal information to us.
Restrict and unsubscribe: To object to processing for direct marketing/unsubscribe from our email database or opt-out of
communications (including marketing communications), please contact us using the details below or opt-out using the opt
out facilities provided in the communication.
Access: You may request access to the personal information that we hold about you. An administrative fee may be payable
for the provision of such information. Please note, in some situations, we may be legally permitted to withhold access to
your personal information. If we cannot provide access to your information, we will advise you as soon as reasonably
possible and provide you with the reasons for our refusal and any mechanism available to complain about the refusal. If we
can provide access to your information in another form that still meets your needs, then we will take reasonable steps to
give you such access.
Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or
misleading, please contact us using the details below. We will take reasonable steps to promptly correct any information
found to be inaccurate, out of date, incomplete, irrelevant or misleading. Please note, in some situations, we may be
legally permitted to not correct your personal information. If we cannot correct your information, we will advise you as
soon as reasonably possible and provide you with the reasons for our refusal and any mechanism available to complain
about the refusal.
Complaints: If you wish to make a complaint, please contact us using the details below and provide us with full details of
the complaint. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our
investigation and the steps we will take in response to your complaint. If you are not satisfied with our response, you may
contact the Office of the Australian Information Commissioner.
Storage and security
We are committed to ensuring that the personal information we collect is secure. In order to prevent unauthorised access
or disclosure, we have put in place suitable physical, electronic and managerial procedures, to safeguard and secure
personal information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.
While we are committed to security, we cannot guarantee the security of any information that is transmitted to or by us
over the Internet. The transmission and exchange of information is carried out at your own risk.
Cookies
We may use cookies on our website from time to time. Cookies are text files placed in your computer’s browser to store
your preferences. Cookies, by themselves, do not tell us your email address or other personally identifiable information.
However, they do recognise you when you return to our online website and allow third parties to cause our
advertisements to appear on your social media and online media feeds as part of our retargeting campaigns. If and when
you choose to provide our online website with personal information, this information may be linked to the data stored in
the cookie.
You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies.
However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access
all or parts of our website.
Links to other websites
Our website may contain links to other party’s websites. We do not have any control over those websites and we are not
responsible for the protection and privacy of any personal information which you provide whilst visiting those websites.
Those websites are not governed by this Privacy Policy.
Personal information from single sign-on accounts
If you connect your account with us using a single sign-on account, such as Apple or Google, we will collect your personal
information from the single sign-on provider. We will do this in accordance with the privacy settings you have chosen with
that provider.
The personal information that we may receive includes your name, ID, user name, handle, profile picture, gender, age,
language, list of friends or follows and any other personal information you choose to share.
We use the personal information we receive from the single sign-on provider to create a profile for you on our mobile
phone app.
Where we have accessed your personal information through your Facebook account, you have the right to request the
deletion of personal information that we have been provided by Facebook. To submit a request for the deletion of
personal information we acquired from Facebook, please send us an email at the address at the end of this Privacy Policy
and specify in your request which personal information you would like deleted. If we deny your request for the deletion of
personal information, we will explain why.
Use of location services data
We collect your precise or approximate location via our mobile application for the following purposes:
• to enable you to locate your nearest store; and
• to enable you to pick up orders.
We collect this information when you enable our mobile application to use your device’s location services. If you do not
want us to use your location for the purposes above, you should turn off the location services in your account settings in
the mobile application or in your mobile phone settings. If you do not provide geolocation data to us, it may affect our
ability to do business with you.
Amendments
We may, at any time and at our discretion, vary this Privacy Policy by publishing the amended Privacy Policy on our
website. We recommend you check our website regularly to ensure you are aware of our current Privacy Policy.
For any questions or notices, please contact us at:
Email: [email protected]