Privacy Policy and Website Terms of Use

Privacy Policy

Effective date: 12th November 2018

Australian Pasteurised Eggs® Pty Ltd (APE) is dedicated to providing quality products and services to you and wants you to be familiar with our processes; this policy outlines our ongoing commitments to you in respect of how we manage your Personal Information.

We have adopted the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (the Privacy Act) as published by The Office of the Australian Information Commissioner.

A copy of the Australian Privacy Principles may be obtained from the website of The Office of the Australian Information Commissioner at www.oaic.gov.au

This Privacy Policy explains our online information practices regarding information collected by this website and the choices that our consumers have relating to the collection and use of your information. This Privacy Policy does not apply to any other website or business activity of Australian Pasteurised Eggs Pty Ltd or any of our corporate affiliates.

What is Personal Information and why do we collect it?

Personal Information is information or an opinion that identifies an individual. Some examples of Personal Information we collect include: names, addresses, email addresses, and phone numbers.

This Personal Information is obtained in many ways including correspondence, by telephone and facsimile, by email, via our website www.safeeggs.com.au, from your website, from media and publications, from other publicly available sources, from cookies, and from third parties. We only collect Personal Information that is voluntarily provided or collected. We don’t guarantee website links or policy of authorised third parties.

We collect your Personal Information for the primary purpose of providing our products and services to you; providing information to our clients; communicating with you regarding our products, services, and promotions; to provide requested information; to improve product and services offered; to communicate with your regarding our website or our terms and conditions; and marketing. We may also use your Personal Information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure. You may unsubscribe from our mailing/marketing lists at any time by contacting us in writing.

When we collect Personal Information we will, where appropriate and where possible, explain to you why we are collecting the information and how we plan to use it.

Sensitive Information

Sensitive information is defined in the Privacy Act to include information or opinion about such things as an individual’s racial or ethnic origin, sexual orientation or practices, political opinions, membership of a political association, religious or philosophical beliefs or associations, membership of a trade union or other professional body, criminal record or health information.

Sensitive information will be used by us only:

  • For the primary purpose for which it was obtained;
  • For a secondary purpose that is directly related to the primary purpose;
  • With your consent; or where required or authorised by law.

APE may collect information for employment purposes only relating to memberships of professional or trade organisations and memberships of political associations.

APE will not collect sensitive information about an individual unless explicit consent is proved by the individual. Such information will be held under the strictest security and is only viewed by staff designated with managing the corresponding area of Australian Pasteurised Eggs operations.

Third Parties

Where reasonable and practicable to do so, we will collect your Personal Information only from you. However, in some circumstances we may be provided with information by third parties. In such a case we will take reasonable steps to ensure that you are made aware of the information provided to us by the third party.

Disclosure of Personal Information

Except as stated below, we do not sell, transfer, or otherwise disclose the personally identifiable information we collect on this site to third parties.

We may provide your personal information to joint promotion and marketing partners and third parties who provide services on our behalf. These entities may use the information in conjunction with the specific promotion or other services they provide for us (e.g., responding to your question or comment, distribution of a consumer survey, investigation of a complaint, recruiting and hiring, etc.).

We may transfer any information we have about you in the event that we sell or transfer all or a portion of our business or assets to a third party. We may also share information within the family of companies owned by Safe Eggs Assured, Pty Ltd.

We may also disclose any personal information if such information is requested by law enforcement agencies or if we are requested to do so by law, regulation, subpoena, court order or government entity.

We also may disclose personal information to third parties if we have reason to believe that disclosing such information is necessary to conduct investigations of possible breaches of law, to cooperate in any legal investigation, or to identify, contact, or bring legal action against someone who may be violating the website terms and conditions.

Further, we may use and disclose your personal information to protect our rights, privacy, safety or property, and the rights, privacy, safety, or property of others.

APE does expect employees to share mobile phone numbers with each other in order to facilitate Australian Eggs business. Phone numbers are not to be provided to third parties without the express permission of the employee.

Security of Personal Information

Your Personal Information is stored in a manner that reasonably protects it from misuse and loss and from unauthorised access, modification, or disclosure.

We will take reasonable steps to destroy or permanently de-identify your Personal Information that is no longer required. However, most of the Personal Information is or will be stored in client files which will be kept by us for a minimum of 7 years.

Access to your Personal Information

You may access the Personal Information we hold about you and to update and/or correct it, subject to certain exceptions. If you wish to access your Personal Information, please contact us in writing.

APE will not charge any fee for your access request but may charge an administrative fee for providing a copy of your Personal Information.

In order to protect your Personal Information, we may require identification from you before releasing the requested information.

How do we gather data by automatic means?

This site may use cookie technology, web beacons, and similar devices to enhance functionality and navigation for our visitors, and to learn about the use and users of our site.

Information tracked through these devices includes but is not limited to (1) your IP address, (2) the type of web browser and operating system being used, (3) the pages of the site you visit, (4) other websites you visited before visiting our site, and (5) your geographic location. Cookies do not collect or contain your name or email address.

If you wish to disable cookies, refer to your browser help menu to learn how to do so. Please note that if you disable cookies, the site may not function as intended and you may not be able to use certain features of the site.

To examine the use of our site we may also utilise Google Analytics, a web analysis service provided by Google Inc. that utilises the data collected. You can optout of having your site activity available to Google Analytics by installing the Google Analytics optout browser add-on.

Internet tags, graphic tags, and similar web beacon type functions allow us to count the number of users who have visited a particular web page or to access certain cookies. We may use web beacons on our websites to count users and to recognise users by accessing our cookies. Being able to access our cookies allows us to personalise our website and improve your experience on our website. We may also include web beacons in HTML-formatted email messages to determine which email messages are opened. Like cookies, web beacons do not collect or contain your name or your email address.

Maintaining the Quality of your Personal Information

It is an important to us that your Personal Information is up to date. We will take reasonable steps to make sure that your Personal Information is accurate, complete and up-to-date. If you find that the information we have is not up to date or is inaccurate, please advise us as soon as practical so we can update our records and ensure we can continue to provide quality services to you.

Since information transmitted on the internet and/or stored in our systems cannot be 1–% secure, we do not ensure, warrant, or guarantee to security or reliability or such information. In addition, we do not take responsibility for unauthorised acts of third party or transfer error.

Australia Only

This site is intended for use by residents of Australia only. All matters relating to this site are administered by the laws of Queensland State Government and Australian Federal Government. If you are located outside of Australia and want to contact us, be advised that any information you provide to us will be transferred to Australia and that by submitting this information to us, you are authorizing this transfer.

Policy Updates

This Policy may change from time to time and is available on our website. Please ensure you check regularly for updates that may affect your use of this site.

Privacy Policy Complaints and Enquiries

By using this website, you are agreeing to the terms of this Privacy Policy. If you do not agree with any of the terms set in this Privacy Policy, please do not use this site or submit any personally identifiable information to us.

If you have any queries or complaints about our Privacy Policy, please contact us at:

2 Foundation Street, Wellcamp QLD 4350

safeeggsinfo@safeeggs.com.au

 

Website Terms of Use

Effective Date: 12th November 2018

Welcome to Australian Pasteurised Eggs Pty Ltd website available at: www.safeeggs.com.au (Site). We have designed our website to provide relevant information pertaining to our products, services, and how we do what we do. We want all site visitors to have an enjoyable experience and so if you have any suggestions, please let us know how we can improve. As a Site user, we ask that you read these Website Terms of Use, along with our Terms and Conditions, and our Privacy Policy; and abide by them at all times.

Our Website

This Site is owned and operated by Australian Pasteurised Eggs Pty Ltd (ABN 60 610 682 589), successors and assignees, (we or us).

These Website Terms of Use apply to every individual who uses our information, documents, software, blog posts, media, and any other products and/or services that we provide, including documents (together referred to as Services). By using our Services, you are agreeing to comply with these Terms of Use and their obligated to abide by them.

Unless otherwise specified, the material on our website is intended to provide information about Australian Pasteurised Eggs Pty Ltd and its products, and you may use the website to obtain such information. You are permitted to download and print copies of the materials on the website for such purposes, and to share such information with others, provided you don’t delete or change any copyright, trademark, or other proprietary notices, or provided it isn’t for commercial gain.

We (or our licensors) retain full and complete title to the website and all materials on the website.

The terms “you” or “your” refers to the Site user, collectively referred to as “the Parties” or each a “Party”.  Our Privacy Policy and Website Terms of Use (available on our Site) govern the relationship between Australian Pasteurised Eggs Pty Ltd and you in connection with the use of our Site and Services.

By using our Services, you accept that you have had adequate opportunity to access these Terms and Conditions and contact us, and that you have read, agreed, and will comply with our Terms and Conditions, and that you are 18 years or older. If you do not agree to these Terms and Conditions, do not use our Site and/or Services.

Legal Relationship

Australian Pasteurised Eggs Pty Ltd owns the documents, software, and intellectual property which can be accessed through the Site. By accessing the Site, downloading documents on it, or using any of our Services, you are entering into an agreement with Australian Pasteurised Eggs Pty Ltd.

Online Documents

Visitors may view and/or download certain documents from our Site (Documents), free of charge, as stated on our Site. Such documents include but are not limited to: product order forms, credit account application forms, product safety data sheets.

Use of the Documents is affected by factors outside of our control, including the software on your computer.  Microsoft Word users require one of the following versions, in order to use the Documents:

For Windows: Office 365
For Macs: Office 365

General Prices and Payment

All prices displayed on safeeggs.com.au are in Australian Dollars unless otherwise stated. Our prices and payment methods may be amended from time to time in our discretion.

Restricted Use

You acknowledge and agree that:

(a)    the Site contains Documents which are licensed to us;

(b)   you are only permitted to use the Documents in the manner set out in these Terms of Use; and

(c)    copyright in the Documents belongs to Australian Pasteurised Eggs Pty Ltd.

Once you have downloaded a Document you are permitted to:

(a)    download, save and amend the Document;

(b)   supply the Document to a lawyer for review and amendment; and

(c)   re-use the Document for your personal use or for the purposes of your business.

You agree not to:

(a)   use the Site or Services for unauthorised or unlawful purposes (unauthorised use of the Site and any of our Services may be a criminal offence and/or give rise to a claim for damages);

(b)   re-sell any Documents you have gained access to on this Site;

(c)   re-sell or attempt to benefit in a commercial fashion from any of the content available on the Site;

(d)   post anything on the Site that is illegal, inappropriate, profane, obscene, defamatory, knowingly false and/or infringes copyright;

(e)   conduct surveys, contests, pyramid schemes, or chain letters on the Site;

(f)   introduce any form of malicious software into the Site or Services; or

(g)   collect information about others on the Site without their consent.

You are not permitted to copy, reproduce, transmit electronically or otherwise use the Documents in whole or in part in order to re-sell them in any manner, whether in original form or amended in any way.

Restricting Access

We reserve the right to restrict or terminate your access to our Site and any of our Services at any time without notice.

Cancellation by Us

We reserve the right to exclude you from the Site in response to: your potential use of our Site for commercial gain; a reasonable belief that you are contradicting the Terms of Use of this Site; or behavior which could damage our business and/or reputation.

Intellectual Property and Moral Rights

You agree to provide information including Intellectual Property to us to enable us to provide the Services.

You:

(a)   guarantee that you have all necessary rights to provide the Intellectual Property to us;

(b)   grant us a continuous, non-exclusive, royalty-free, irreversible, worldwide and transferable right and licence to use the Intellectual Property in any way we require to provide the Services to you; and

(c)   consent to any act or omission which would otherwise constitute an infringement of your Moral Rights.

If you (or any employee or agent) have Moral Rights in any Intellectual Property that you provide to us, you:

(a)   irrevocably consent to any amendment of the Intellectual Property in any manner by us for the purposes of providing Services to you;

(b)   irrevocably consent to us using or applying the Intellectual Property for the purposes of providing Services to you without any attribution of authorship;

(c)   agree that your consent extends to acts and omissions of any of our licensees and successors in title; and

(d)   agree that your consent is a genuine consent under the Copyright Act 1968 (Cth) and has not been induced by duress or any false or misleading statement.

Personal and Confidential Information

You consent to us providing information, including personal information and Confidential Information, to (i) our related bodies corporate including Safe Eggs Assured Pty Ltd, to provide information, products and services to you, and to (ii) third parties, including the Safe Eggs Assured Pty Ltd network, agents, contractors and sub-contractors, who assist us in providing information, products, and services to you.

We and you, including employees and contractors, agree not to disclose Confidential Information to additional third parties; to use all reasonable endeavours to protect Confidential Information from any unauthorised disclosure; and only to use your Confidential Information for the purpose for which it was disclosed by you and not for any other purpose.

These obligations do not apply to Confidential Information that:

(a)   is authorised to be disclosed;

(b)   is in the public domain and/or is no longer confidential, except as a result of breach of these Terms and Conditions;

(c)   is received from a third party, except where there has been a breach of confidence; or

must be disclosed by law or by a regulatory authority including under subpoena.

The obligations under this clause will survive termination of these Terms and Conditions.

Feedback and Dispute Resolution

Your feedback is important to us.  We seek to resolve your concerns quickly and effectively. If you have any feedback or questions about our Services, please contact us at safeeggsinfo@safeeggs.com.au

If there is a dispute between the Parties in relation to these Terms of Use, the Parties agree to the following dispute resolution procedure:

(a)   The complainant must tell the respondent in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute.  The Parties agree to meet in good faith to seek to resolve the dispute by agreement between them (Initial Meeting).

(b)   If the Parties cannot agree how to resolve the dispute at the Initial Meeting, any Party may refer the matter to a mediator. If the parties cannot agree on who the mediator should be, the complainant will ask the Queensland Law Society (or relevant incorporated society under the Legal Profession Act 2007) to appoint a mediator.  The mediator will decide the time and place for mediation. The Parties must attend the mediation in good faith, to seek to resolve the dispute.

Any attempts made by the Parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the Parties under these Terms of Use, by law or in equity.

Limitation of Liability and Disclaimer

The information, including statements, opinions, documents, and materials contained in this Site (Information) is for general information purposes only. The Information does not take into account your specific needs, objectives, or circumstances.

If you are not satisfied with any part of the Site, our Services or these Terms and Conditions, you should contact us, and cease using the Services.

Documents: You acknowledge that the Information and Documents may contain mistakes, inaccuracies and/or errors. Australian Pasteurised Eggs Pty Ltd expressly excludes any liability for such mistakes, inaccuracies and errors to the fullest extent permissible by law. You should carefully review any Document accessed or created through the Site to ensure that it does not contain any mistakes, inaccuracies or errors and is appropriate to your circumstances.   We recommend that you obtain proficient advice if you are unsure whether a Document is appropriate to your circumstances.

Services: It is your responsibility to ensure that any Services or Information available through the Site meet your specific requirements. Before acting on any Information, we recommend that you consider whether it is appropriate for your circumstances, carry out your own research and seek professional advice, where necessary.

Purpose: Neither Australian Pasteurised Eggs Pty Ltd or safeeggs.com.au provide any representation, warranty, indemnity or guarantee as to the performance, accuracy, timeliness, completeness or suitability of the Information or documents found or offered on this Site for any particular purpose. We give no warranty, indemnity or guarantee that the documents or Site are free of viruses.

Currency and jurisdiction: The laws in each Australian jurisdiction vary between different jurisdictions and are updated and amended from time to time. Although we seek to ensure that our documents are in line with the relevant laws and up to date, we make no such warranty or representation.

ACL: Certain legislation including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Services by us to you which cannot be excluded, restricted or modified (Statutory Rights). Our liability is governed solely by the ACL and these Terms and Conditions.  We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights. Except for your Statutory Rights, all material and work is provided to you without warranties of any kind, either express or implied; and we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.

Consumer Guarantees: If you are a consumer as defined in the ACL, the following applies to you: We guarantee that the Services we supply to you are rendered with due care and skill; fit for the purpose that we advertise, or that you have told us you are acquiring the Services for or for a result which you have told us you wish the Services achieve, unless we consider and disclose that this purpose is not achievable; and will be supplied within a reasonable time. We are not liable for any loss or damage, however caused (including, but not limited to, by our negligence) suffered by you in connection with these terms and conditions or your use of this website. To the extent we are unable to exclude liability; our total liability for loss or damage you suffer or incur from our Services is limited to us re-supplying the Services to you, or, at our option, us refunding to you the amount you have paid us for the Services to which your claim relates.

Delay: Where the provision of Services depends on your information or response, we have no liability for a failure to perform the Services in this estimated period, which is affected by your delay in response, incomplete or incorrect information.

General: To the extent permitted by law, we exclude all express or implied representations, conditions, guarantees, warranties and terms relating to the Information, Services and these Terms of Use, except as set out in these Terms of Use. To the maximum extent permitted by law, we are not and will not be liable or responsible for any expenses, losses, costs or damages (whether direct or indirect) caused to or incurred by any user of the Information, Site or our Services, including damages for loss of use and/or loss of data, arising out of the performance of the Site and/or Services.

This clause will survive termination of these Terms of Use.

Indemnity

You are liable for and agree to indemnify, defend and hold us harmless for and against any and all claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from: (i) any information that is not accurate, up to date or complete or is misleading or a misrepresentation; (ii) any breach of these Terms of Use; (iii) and any misuse of the Services; from or by you, your employees, contractors, or agents.

You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of our Services including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us.

The obligations under this clause will survive termination of these Terms of Use.

Communications

We are not under any obligation to monitor any communications entered into regarding the Services, but we have the right to check and investigate any such communications. We reserve the right to revoke your ability to communicate on the Site and/or to use our Services immediately at any time for any reason.

We do not endorse the content of any information posted on the Site other than that posted by one of our employees or service providers.

Modifications

We reserve the right to amend in any way we see fit the Documents, and the Terms and Conditions under which the Services are offered, including but not limited to the costs associated with the use of the Site, our Services and our refund policy, without notice to you.

You agree that by continuing to use the Site and our Services after the date of any amendment to the Terms of Use and Terms and Conditions you are agreeing to the relevant amendments.

General

Privacy: We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth). Our Privacy Policy sets out the manner in which we and/or safeeggs.com.au treat/s your personal information.

Email: You acknowledge that we are able to send electronic mail to you and receive electronic mail from you. You release us from any claim you may have as a result of any unauthorised copying, recording, reading, or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer.

GST: If and when applicable, GST payable on our Services will be set out on our Invoices.  By accepting these Terms of Use you agree to pay us an amount equivalent to the GST imposed on these charges.

Severance: If any provision (or part of it) of the Terms and Conditions is held to be unenforceable or invalid in any jurisdiction, then it will be interpreted as narrowly as necessary to allow it to be enforceable or valid. If a provision (or part of it) of these Terms and Conditions cannot be interpreted as narrowly as necessary to allow it to be enforceable or valid, then the provision (or part of it) must be severed from these Terms and Conditions and the remaining provisions (and remaining part of the provision) of the Terms and Conditions are valid and enforceable.

Jurisdiction & Governing Law: The Terms and Conditions are governed and construed in accordance with the laws of Queensland. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of Queensland.

Entire Agreement: These Terms and Conditions make up the entire agreement between you, us and safeeggs.com.au, and supersede any prior agreement, understanding or arrangement between you, us and safeeggs.com.au, whether oral or in writing.

Definitions

Confidential Information includes confidential information about the business, structure, programs, processes, methods, operating procedures, activities, products and services, trade secrets, know how, financial, accounting, marketing and technical information, customer and supplier lists (including prospective customer and supplier information), ideas, concepts, know-how, Intellectual Property, technology, and other information whether or not such information is reduced to a tangible form or marked in writing as “confidential”.

Intellectual Property includes any and all intellectual and industrial property rights throughout the world, whether subsisting now or in the future and includes all copyright and analogous rights, all rights in relation to inventions (including patent rights), registered and unregistered trademarks, designs (whether or not registered or registrable), circuit layouts, trade names, trade secrets, business names, company names or internet domain names.

For questions and notices, please contact us at:

Australian Pasteurised Eggs Pty Ltd (ABN 60 610 682 589)

2 Foundation Street, Wellcamp QLD 4350

General support: safeeggsinfo@safeeggs.com.au

Last update: 12th November 2018

© Safe Eggs 2018.

X