Legal

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This site is produced by Fruitmark Pty. Ltd. trading as Fruitmark (“Fruitmark”). The content of this site is protected under applicable copyright and trademark laws. Except as may be permitted by statute, the further copying, redistribution or publication of any part of this site is prohibited. You may not place a link on another site back to this site without Fruitmark’s prior written consent.

Trademarks and works in which copyright subsists used or depicted at this site are owned (whether solely or jointly) by Fruitmark, its related bodies corporate (including Fruitmark) or its licensors, are protected under applicable trademark and copyright laws and must not be used, applied, adapted for any use or application or otherwise reproduced in any material form, other than to the extent (if any) permitted by statute or expressly at this site.
Site Intended for Use by Australians.

Although accessible by others, the information on this site is relevant to and suitable and intended for use by Australian residents and organisations only.

The site contains information about products that may or may not be available in any particular country or region of the world, may be available under different names or trademarks in different countries and, where applicable, may be the subject of a product information that differs as between countries and may be approved or cleared by a government regulatory body for sale or use with different indications and restrictions in different countries.

Disclaimer

Fruitmark makes no representation as to the availability, accuracy, currency or completeness of any information contained or referred to at this site and no reliance is to be placed upon Fruitmark or any information contained or referred to at this site by reason of access and reference to, and use of, any information at this site. To the extent permitted by law, neither Fruitmark nor any employee or agent of, or consultant to, Fruitmark, shall be liable to any person for or in respect of any claim, loss or damage suffered or costs or expenses incurred (whether in relation to any injury, property damage or otherwise) by any person, whether arising in tort or contract, under statute or otherwise, caused or contributed to by, or in connection with, access to or inability to access this site or from any use, application or communication of any information contained or referred to at this site.

This site may provide links or references to other Web sites not affiliated with Fruitmark. Fruitmark is not responsible for the content of such other sites and to the extent permitted by law shall not be liable to any person, for or in respect of any claim, loss or damage suffered or costs or expenses incurred (whether in relation to any injury, property damage or otherwise) by any person, whether arising in tort or contract, under statute or otherwise, caused or contributed to by, or in connection with, access to such sites. Links to other sites are provided only as a convenience to users of our site and you access those other sites solely at your own risk.

This notice is governed by the law in force in the State of Victoria, Australia.

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[tab title=”Privacy Policy”]

Fruitmark Privacy Policy (March 2013)

Fruitmark Pty. Ltd. trading as Fruitmark (Fruitmark) is required under the Commonwealth Privacy Act to protect any personal information it collects about you.  Fruitmark complies with the National Privacy Principles in the collection, use and disclosure of personal information.

Fruitmark recognises the importance of your privacy and understands that the security of your personal information is important to you.  We are committed to protecting any personal information that you provide to us.  This Privacy Policy outlines how we manage any personal information we collect about you and how we protect your privacy.

Fruitmark aims to provide visitors to its website with high quality information in accordance with applicable laws and guidelines. To achieve this, we aim to make efficient use of any personal information we collect from visitors to our website.

What is Personal Information?
Personal Information is any information or an opinion about you that identifies you, or by which your identity can reasonably be ascertained.

What personal information may Fruitmark collect about you?
Some of the information Fruitmark may collect about you includes:

  • your name and contact details;
  • other information which you provide to us and which we are permitted to collect under the law.

Sometimes, we may ask for your personal information so that we can keep in touch with you to tell you about our products and services which may be of interest to you.  Please Contact Us if you do not wish your details to be used for marketing purposes.

Why personal information is collected by Fruitmark

Fruitmark (and its related bodies, corporate or company affiliates, and partners) may collect personal information about you to assist in providing you with relevant consumer information about our products and services which may be of interest to you, and for other marketing purposes or for purposes related to our business.
For example, Fruitmark may collect information about members of the public, in the course of:

  • maintaining a record of enquiries, complaints and adverse event reports relating to Fruitmark products and services;
  • receiving applications for employment or to work on temporary projects;
  • conducting market research and promotion;

Fruitmark does not intend to collect personal information from individuals it knows to be under the age of 18 years.  If a child has provided us with personal information the parent or guardian can Contact Us.

Generally, we require that organisations outside Fruitmark who handle or obtain personal information as service providers to Fruitmark comply with the National Privacy Principles and acknowledge the confidentiality of an individual’s personal information and the individual’s right to privacy.  However, Fruitmark is not responsible for the privacy or security practices of any third party and the collection and use of your personal information by third parties may be subject to separate privacy and security policies.
In most cases, if you do not provide information about yourself which Fruitmark has requested, Fruitmark may not be able to provide you with the relevant service or information required.

How does Fruitmark collect personal information?
Where possible, Fruitmark will collect your personal information directly from you. Our website may also offer interactive facilities, such as customer enquiry or comment forms, where personal information may be collected. In addition, we may obtain personal information from third parties such as our distributors, contractors, regulatory authorities, current employer and referees (where you have agreed), and publicly available sources.
Regardless of who provides personal information to us, it will always be handled by Fruitmark in accordance with this privacy policy and the National Privacy Principles.

How does Fruitmark use personal information?
In general, Fruitmark uses personal information for the following purposes:

  • as indicated to you at the time your personal information is collected;
  • to provide ongoing information about Fruitmark products and services to people that Fruitmark believes may be interested;
  • to provide information about products and services (including advice) that has been requested;
  • to comply with legal obligations; and
  • to assess suitability for current and future opportunities for employment.

Do we disclose personal information to anyone else?
We may sometimes need to disclose your personal information to others. It is generally our policy not to disclose information to external organisations, however, examples of the types of organisations we may need to disclose information to are:

  • related bodies corporate or company affiliates and partners;
  • Fruitmark distributors;
  • third parties within or outside Australia who are contracted to Fruitmark to provide a particular service on our behalf; and
  • regulatory authorities within and outside Australia.

Fruitmark may engage other persons or organisations to assist Fruitmark in carrying out the above purposes. Your personal information may be disclosed to such persons or organisations for these purposes and, in providing a service, they may contact you directly. In some circumstances they may disclose personal information they collected from you to Fruitmark or related bodies corporate of Fruitmark for one or more of the purposes already mentioned.  Fruitmark will hold and use all personal information it collects from third parties about you for the purposes described in this statement.

We may also disclose personal information that we hold:

  • if it is necessary in the interests of that individual’s health and safety or public health and safety;
  • if required by law;
  • as part of any investigation of suspected unlawful activity; or
  • with your written or verbal consent, or if consent can be implied from your conduct.

Ensuring personal information is up-to-date and accurate
If you provide us with your personal information, we assume that it is up-to-date and accurate. We do everything we can to ensure that the personal information we hold is accurate complete and up-to-date whenever we collect or use it. This means that from time to time, we may ask you to tell us if there are any changes to your personal information. If you find that information we hold about you is incorrect, please Contact Usimmediately and we will correct it.

Security of personal information
Security of personal information is important to us and we take all reasonable precautions to protect personal information from misuse, loss, unauthorised access, modification or disclosure. Some of the ways we protect personal information include:

  • external and internal premises security;
  • restricting access to personal information only to staff who need it to perform their day to day functions;
  • maintaining technology products to prevent unauthorised computer access or damage to electronically stored information, such as requiring identifiers and passwords, firewalls and anti-virus software; and
  • maintaining physical security over paper records.

How long we retain your personal information
We will retain your information to comply with applicable laws, and where appropriate the information will be retained in a form that does not allow you to be identified. However, for example, we may retain your unsuccessful employment application (including personal information) for up to twelve (12) months for future employment opportunities unless you inform us otherwise. Any personal information that we no longer require is destroyed.

Access to personal information by individuals
You can, in most cases, access the personal information that Fruitmark holds about you.  All requests for access to your personal information should be directed to the Fruitmark by email or by writing to the address below.  Fruitmark will deal with any requests for access to personal information as quickly as possible and will endeavor to respond within 14 days of receipt of the request in writing.  In certain circumstances, Fruitmark may deny access to personal information.  If access is denied, reasons for the denial will be given in writing.
Fruitmark generally will not charge a fee to individuals for access to their personal information. However, for complex requests, Fruitmark reserves the right to charge an appropriate fee to cover administrative costs.

Correction of personal information held by Fruitmark
We will try to ensure that all personal information that we collect, use and disclose about you is accurate complete and up-to-date. Please Contact Us if there are any changes required to your personal information.  We will ensure that your personal information is updated as soon as possible.

Privacy and our website
The type of personal information we collect on our website depends on how you make use of the site.
When you visit the site, our host records your server address, domain name, the date and time of the visit and the pages viewed. Information collected about your visit to our site is retained for statistical and website development reasons and is not in a form which would enable us to identify you.  The information may be collected by using “cookies”, which are small data files that are placed on your computer when you use a particular site.  Cookies act as a memory for the website, allowing that website to remember your computer on your return visits to the site. If you disable the use of cookies, your use of our site may be affected.
When visiting our site, you will not be required to provide us with any personal information unless you request information about a Fruitmark product or service. In that case, we will ask you to provide contact details along with other information required to respond to your request.
The information provided may also be retained for product planning purposes, unless you tell us that you don’t want it used for direct marketing purposes.
Fruitmark may provide links on its website to third party or affiliate websites.  Please note that the organisations that operate these websites may have different privacy policies to Fruitmark and you are advised to make your own enquiries prior to disclosing your personal information on these websites.

If you send us an email
If you provide your email address to Fruitmark, you consent to Fruitmark using your email address to contact you for any of the purposes listed in this Policy, unless you tell us otherwise.
If you send us an email containing personal information, we will take reasonable steps to ensure the confidentiality of that information. We may also monitor email for legal compliance purposes.
Fruitmark’s interactions with you via electronic means are regulated by the Commonwealth Spam Act. In compliance with the Act, Fruitmark will not send you a commercial electronic message unless it has permission to do so.
Although we take steps to protect information sent by e-mail, e-mail is not a secure method of communication and may be revealed to third parties in transit, may be monitored for troubleshooting or maintenance purposes, and traverses networks outside of Fruitmark’s control. Contact Us should you wish to use (PGP) encrypted email.

Resolving concerns
If you believe that the privacy of your personal information has been compromised, please Contact Us. We will respond to complaint as soon as possible and will try to address any concerns that you have.

Additional information
If you would like more information about Fruitmark’ approach to privacy, please Contact Us.

Changes to our policy
From time to time, it may be necessary for Fruitmark to review and revise this Privacy Policy.  Fruitmark encourages you to periodically review this Privacy Policy and will notify you of any changes by posting an updated version on our website.

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