Privacy Policy

Effective Date: May 03, 2024

Introduction

Welcome to UpHarvest. We appreciate your decision to be a part of our community at UpHarvest ("Company", "we", "us", "our"). As part of our commitment to your privacy, this Privacy Policy aims to inform you about how we handle your personal information across our platform. We take the responsibility of protecting your personal data seriously.

If you have any questions or concerns regarding this policy or our practices concerning your personal information, do not hesitate to contact us at hello@upharvest.com.au.

By engaging with our website upharvest.com.au and utilising our services, you entrust us with your personal information. We are dedicated to protecting this trust. This policy outlines the types of information we collect, how it is used, and your rights regarding your personal information. Please read through this policy carefully. If you disagree with any part of this policy, please discontinue the use of our Sites and services immediately.

This policy applies to all information gathered through your use of our website and, potentially, any related services, sales, marketing, or events (collectively referred to as the "Services").

What Information Do We Collect?

1. Personal Information You Disclose to Us

We collect personal data that you provide to us. This includes information such as your name, address, contact information, passwords, security data, and payment information. You may also provide us with social media login data if you choose to register using such accounts.

Here are ways you might provide personal information:

By registering for our Services and expressing interest in obtaining information about us or our products and services.
By participating in community activities on our Services such as discussions in our online forums, competitions, contests, or giveaways.
By contacting us directly for support or information.

The personal information we collect depends on your interactions with us, the choices you make, including your privacy settings, and the products and features you use. Here's a breakdown of the types of personal information we gather:

Publicly Available Personal Information: Names, nicknames, phone numbers, email addresses, and other demographic information.
Personal Information Provided by You: Responses from surveys, financial details like credit card numbers, purchase history, and other similar data.
Credentials: We collect passwords and similar security information for authentication and account access.
Payment Data: To process purchases, we collect necessary data such as your payment instrument number (e.g., credit card number) and security code as needed. This payment data is stored by our payment processors, Stripe, and you can find their privacy policy through the provided link.

2. Information Automatically Collected

We automatically collect certain information when you visit, use, or navigate the Services. This may include your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about when and how you use our Services, and other technical information. This information is primarily needed for maintaining the security and operation of our Services, as well as for our internal analytics and reporting purposes.

We also collect information through cookies and similar technologies to understand and save your preferences and login information, and to provide personalised advertisements. Learn more about this in our Cookie Policy.

3. Information Collected from Other Sources

In addition to the information you provide and that we collect automatically, we may receive information about you from other sources such as public databases, joint marketing partners, social media platforms, as well as from other third parties. For example, if you connect your social media account to your Service account, we will receive information like your name, profile picture, age, language, email address, and friend list from these services. This information helps us to connect and communicate with you.

4. How Do We Use Your Information?

We use the information we collect or receive for various business purposes. Here are the primary ways we use your information:

Account Management: We use your information to manage your registration, to maintain your account, to facilitate your login process and to respond to your inquiries and requests.
Communication: We use your information to send you service-related messages and to respond to user communications. We also use your data to send marketing and promotional communications if aligned with your marketing preferences.
Order Fulfilment: We use payment and order information to process, fulfil and manage orders made through our Services.
Improvement and Maintenance: We use your information to analyse how our Services are used, to gauge the effectiveness of our campaigns, to improve and maintain the functionality of our Services, and to develop new features and services.
Security Measures: We use your information to enhance the security of our Services, to monitor for fraud and potential vulnerabilities, and to try and protect the personal data of our users.
User Experience: We use cookies and similar technologies to personalise your experience with our Services, to remember your preferences, and to deliver content that matches your interests.

5. Legal Bases for Processing Your Information

We process your personal information under the following legal bases:

Consent: We may process your data if you have given us explicit consent to use your personal information for a specific purpose.
Legitimate Interests: We process your data when it is reasonably necessary to achieve our legitimate business interests and those interests do not outweigh your rights and freedoms.
Performance of a Contract: We process your personal information where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
Legal Obligations: We may process your information where it is necessary for compliance with a legal obligation to which we are subject.
Vital Interests: We may process your information where it is necessary to protect your vital interests or those of another person.

6. User Rights

As a user, you have specific rights that you can exercise regarding the information we hold about you:

Access and Portability: You can request a copy of your personal information and can ask for a copy of personal information you provided in a machine-readable format.
Rectification: You have the right to ask us to correct inaccurate or incomplete personal information concerning you (and which you cannot update yourself within your UpHarvest account).
Erasure: You can request the deletion of your personal information, subject to certain exceptions prescribed by law.
Restriction of Processing: You may ask us to temporarily or permanently stop processing all or some of your personal data.
Objection: You can object to us processing your personal information, and we will consider your request in accordance with applicable laws.
Withdrawing Consent: If we have collected and processed your personal information with your consent, you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.

You have the right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority.

7. Will Your Information Be Shared With Anyone?

We may share and disclose your information only in the following situations:

Compliance with Laws: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process.
Vital Interests and Legal Rights: We may disclose information about you if we believe it is necessary to respond to potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person, or as evidence in litigation in which we are involved.
Vendors, Consultants, and Other Third-Party Service Providers: We may share your data with third-party vendors, service providers, contractors, or agents who perform services for us or on our behalf and require access to such information to do that work. Examples include payment processing, data analysis, email delivery, hosting services, and customer service.
Business Transfers: We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
Third-Party Advertisers: We may use third-party advertising companies to serve ads when you visit our Services. These companies may use information about your visits to our Website and other websites that are contained in web cookies and other tracking technologies in order to provide advertisements about goods and services of interest to you.
Affiliates: We may share your information with our affiliates, in which case we will require those affiliates to honour this privacy policy.

8. How Do We Keep Your Information Safe?

We have implemented appropriate technical and organisational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorised third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information.

9. Do We Collect Information from Minors?

We do not knowingly solicit data from or market to children under 18 years of age. By using the Services, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Services. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records.

10. Privacy Rights Specific to Certain Regions

European Economic Area (EEA): If you are a resident of the European Economic Area (EEA), you have certain data protection rights under the General Data Protection Regulation (GDPR). These include the right to access, correct, update, or request deletion of your personal information. You can also object to processing of your personal information, ask us to restrict processing of your personal information, or request portability of your personal information.
California Residents: If you are a resident of California, you are granted specific rights regarding access to your personal information under the California Consumer Privacy Act (CCPA). These include the right to request access to the specific pieces of personal information we have collected about you and the right to request deletion of your personal information, subject to certain exceptions.

11. International Data Transfers

Your personal information may be transferred to, stored, and processed in a country that is not regarded as ensuring an adequate level of protection for personal information under European Union law. We have taken appropriate safeguards to require that your personal information will remain protected in accordance with this Privacy Policy. These include implementing the European Commission's Standard Contractual Clauses for transfers of personal information between our group companies and third-party service providers and partners, which require all parties to protect personal information they process from the EEA in accordance with European Union data protection law.

12. Changes to This Privacy Policy

We may update this Privacy Policy from time to time in response to changing legal, technical, or business developments. When we update our Privacy Policy, we will take appropriate measures to inform you, consistent with the significance of the changes we make. We will obtain your consent to any material Privacy Policy changes if and where this is required by applicable data protection laws.

The updated policy will be indicated by an updated "Revised" date and the updated version will be effective as soon as it is accessible. You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

13. How Can You Contact Us About This Policy?

If you have questions or comments about this policy, you may email us at hello@upharvest.com.au or by post to:

UpHarvest, 201/9 Red Hill Terrace, Doncaster East, Victoria 3109, Australia

14. How Can You Review, Update, or Delete the Data We Collect From You?

Based on the laws of some countries, you may have the right to request access to the personal information we collect from you, change that information, or delete it in some circumstances. To request to review, update, or delete your personal information, please submit a request form by clicking here. We will respond to your request within 30 days.

We also offer you the ability to opt-out of us using your personal data for certain purposes. If you wish to manage your data preferences, you can do so by logging into your account settings where you can configure your data settings and privacy preferences.

15. Data Breach Notifications

We are committed to ensuring the security of your personal data and will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.