ProductionWise Privacy Policy
Updated: 8 November 2018
About the ProductionWise Site
This website (Site) is owned by FluroSat Pty Ltd, ABN 95 616 198 415 (FluroSat). The Site and any related services are, unless otherwise specified, provided to you by FluroSat (The Provider).
There are several legal components to the Site which include:
ProductionWise – Terms of Use click here to go to this section.
Disclaimer – click here to go to this section.
Privacy Policy You are at the start of this section.
Intellectual Property and Copyright Notice – click here to this section.
Any other terms, conditions, notices and disclaimers contained on this page and elsewhere on the site.
Collectively, the above components are referred to as the General Conditions.
Privacy Policy – Overview and Background
FluroSat, is bound by 13 Australian Privacy Principles (APP) which are covered in the Privacy Act 1988 (Cth). In general terms, information that can identify an individual is defined in Australia’s privacy legislation as Personal Information. There is a specific definition of Personal Information at the end of this Privacy Policy.
FluroSat takes the issue of handling and managing Personal Information and user privacy very seriously.
The 13 Privacy Principles mentioned above, and the ways that FluroSat manages its responsibilities under these principles are set out in more detail below.
Australian Privacy Principal 1. Open and transparent management of personal information.
Under this Privacy Principal, FluroSat must disclose and/or explain:
- What types of Personal Information is collected;
- How Personal Information is collected;
- Why Personal Information is collected;
- Who/what parties Personal Information is shared with/to;
- Whether any overseas parties will receive Personal Information;
- Its systems and processes for handling questions, queries and complaints.
In addition, FluroSat must:
- Take reasonable steps to comply with the Australian Privacy Principles.
- Have a clearly articulated Privacy Policy that is free and simple to access and available on request.
How does FluroSat mange this obligation?
How and what types of Personal Information are collected?
- If you apply for access to the Site, you may provide personal information in a number of ways including when you:
- Utilise any or all Term level and/or Feature level access as an Approved User regardless of whether you have paid for this or it is provided to you for free;
- Automatically apply for a new Term;
- Change your personal details or contact The Provider.
- Enter, update, amend or otherwise change any Property Information.
- Enter, update, amend or otherwise change and Payment Method Information. This information may include credit card details.
- Information you provide can include:
- first name, middle name and surname
- salutation
- gender
- date of birth
- trading or company name
- contact details including phone, fax, residential, postal and email addresses
- location of properties owned or managed by you
- crop types, varieties, purposes and methods
- farm management practices, grain storage and equipment used
- sale contracts in respect of crops
- other information in respect of farm inputs
- Information which The Providers’ systems can discern and record when you visit our site includes:
- The identity of your internet browser.
- The type of operating system you use.
- Your Internet Provider (IP) address.
- The domain name of your Internet Service Provider.
- Information stored in cookies.
Use of Cookies
Cookies are data that a web site transfers to an individual’s hard drive for record-keeping purposes and can facilitate a user’s ongoing access to and use of a site.
Cookies allow the Provider to track usage patterns and to compile data that can help it improve content and service delivery performance.
It is your right to refuse the use of Cookies and if you do not want information collected through the use of cookies, there is a simple procedure in most internet browsers that allows you to deny or accept or turn off the cookie feature.
If the information sought from Cookies is not provided, the Provider may be unable to provide you with access to the Site as effectively as it otherwise could.
Why is Personal Information Collected? (The primary purposes of collecting information)
FluroSat uses personal information collected through the Site for the following purposes:
- To provide estimates, simulations and forecasts to Approved Users in respect of particular farm operations and outcomes as described on the website.
- To facilitate the recording, planning management and communication of farm operations by Approved Users as described on the website
- To calibrate numerical procedures or predictive models derived using third party data.
- For FluroSat’s own internal research and continued development initiatives relating to the Site.
- To ensure that accurate, timely and compliant documentation can be generated such as, but not limited to, GST compliant tax invoices.
- To communicate with and inform Approved Users about:
- Operational matters in respect of their Site account including Site pricing details, Site access, Site features or other products and services offered by the Provider and its partners.
- Where the Approved User or individual has consented, other products and services offered by FluroSat and related bodies corporate for the purpose of informing you about membership recruitment and marketing including research & development, training, and/or other supply chain related products and services.
Australian Privacy Principal 2: Anonymity and Pseudonymity
Under this Privacy Principal, FluroSat must provide you with the opportunity to avoid identifying yourself if you chose to do so.
The only exception to this is where FluroSat required by law to provide unique identifying details on official paperwork such as tax invoices.
How does FluroSat manage these obligations?
When individuals register to use the Site, FluroSat does not require individuals to enter actual names or any other details that can identify an individual.
If individuals choose not to enter certain Personal Information such as first and last names, business names or ABNs, FluroSat may not be able to issue timely or accurate documentation for government agencies such as GST compliant invoices.
Australian Privacy Principal 3: Collection of Personal Information
Under this Privacy Principal, FluroSat can only collect information that is reasonably required.
How does FluroSat manage this obligation?
FluroSat only collects Personal Information that:
- Supports FluroSat’s primary purposes for collecting Personal Information.
- Is required to support Site user experience and ensures full access to all of the features, functions and services on the Site that are made available to Approved Users.
- Is required to provide Approved Users and their authorised representatives or FluroSat with secure access to the site.
- Assists with on-going improvements to the Site and its use.
- Is required to comply with the governing laws of Australia.
Australian Privacy Principal 4: Unsolicited Personal Information
Under this Privacy Principal, FluroSat must take certain steps if it receives Personal Information that it did not request or ask for.
If FluroSat receives Personal Information that it did not request or solicit, it must:
- Seek advice on whether it has the right to collect, hold or store the Personal Information concerned.
- Where FluroSat does not have a legal right to collect the Personal Information concerned, destroy the information concerned.
- Where FluroSat does have a legal right to collect the Personal Information concerned, this information must be managed in a way that complies with the Australian Privacy Principles.
How does FluroSat manage this obligation?
FluroSat uses a registration page on the Site that can receive, ingest, import or process a defined and limited set of data. This system provides a very limited opportunity to inadvertently collect Personal Information about individuals that it does not require.
If FluroSat were to discover unsolicited Personal Information in the Site, it will:
- Review its legal right to collect, hold and store the information concerned.
- Disclose to the Approved User via email, phone or other appropriate communication method that the information is held in the Site and was not requested by FluroSat .
- Destroy the information if deemed appropriate by FluroSat and the individual concerned.
- Conduct a root cause investigation into the reasons for the unsolicited receipt of the Personal Information concerned.
- Take steps to ensure that the receipt of further unsolicited Personal Information can be prevented.
Australian Privacy Principal 5: Notification of the collection of Personal Information
Under this Privacy Principal, FluroSat must let individuals know if Personal Information is about to be or has already been collected from them.
Specifically, FluroSat needs to:
- Let individuals know before, during or as soon as possible after any Personal Information has been collected.
- Ensure that individuals are aware of FluroSat’s requirements under the Australian Privacy legislation.
How does FluroSat manage this obligation to you?
There are several ways that FluroSat informs individuals if Personal Information is about to be collected or has been collected and these include:
- The publication and availability of this Privacy Policy on the Site.
- The publication and availability of the General Conditions on the Site.
- Clear disclosure about these Privacy terms, Terms of Use, Disclaimers and Intellectual Property statements when individuals register on the Site.
- Clear and transparent information about the entity (FluroSat ) that individuals are dealing with before and during and also after their use of the Site.
- Regular publication, advertising and updates about the Site, the entity that operates it and they way in which it manages Personal Information.
Australian Privacy Principal 6: Use or disclosure Personal Information
Under this Privacy Principal, FluroSat must disclose the reasons for collecting Personal Information from individuals.
If the reasons for collecting this information change, FluroSat must inform individuals about these changes and seek consent for the continues use of the Personal Information.
How does FluroSat manage this obligation?
FluroSat manages its obligations to APP No.6 by:
- Clearly defining in this Privacy Policy and General Conditions the types of information that it knows to be personal in nature.
- Clearly stating in this Privacy Policy and in the General Conditions the Primary Purposes for the collection of Personal Information.
- Clearly stating in this Privacy Policy and in the General Conditions that Personal Information will not be disclosed for purposes than the primary purposes.
- Monitoring systems, processes, business practices, contractual agreements and other commercial activities to ensure that Personal Information is not disclosed for any other reason than the primary purposes set out in this Privacy Policy.
Australian Privacy Principal 7: Direct marketing
APP No. 7 deals with the practice of marketing products and services to individuals using Personal Information.
How does FluroSat manage this obligation?
FluroSat will only contact individuals in situations where it:
- Uses contact details and Personal Information that FluroSat collected from those individuals;
- Believes individuals would reasonably expect to hear from FluroSat about products and services that it offers;
- Also includes an easily available opt-out or unsubscribe option in all communications;
- Otherwise falls within the terms of these General Conditions.
Australian Privacy Principal 8: Cross Border Disclosure
In general terms, this principle covers the sharing of Personal Information with overseas companies that are not bound by Australian Law.
How does FluroSat manage this obligation to you?
FluroSat does not share Personal Information with overseas or international businesses that are not bound by Australian law. Individual credit card details may be provided to Visa and/or Mastercard via the Site. Both of these organisations are headquartered in the United States of America; however, they have offices in Australia and are bound to operate within the laws of Australia when doing business in this country.
Australian Privacy Principal 9: Adoption or use of Australian Government identifiers
In general terms, this principal prohibits the use of Australian government identification and numbering systems by organisations like FluroSat for their own data base management purposes without authorisation.
How does FluroSat manage this obligation to you?
FluroSat uses its own systems and methods to identify, manage and communicate with individuals and Approved Users.
Australian Privacy Principal 10: Quality of Personal Information
In general terms this principal requires organisations like FluroSat to ensure that Personal Information is up to date and accurate.
How does FluroSat manage this obligation to you?
FluroSat provides open ended and continuous opportunities for Approved Users to update their Personal Information. In addition, FluroSat regularly contacts current and past Approved Users to provide them with opportunities to update their Personal Information.
Australian Privacy Principal 11: Security of Personal Information
Under this Privacy Principal, FluroSat must take reasonable steps to protect Personal Information and keep it secure from misuse, theft, unauthorised access, modification or unauthorised disclosure.
How does FluroSat manage this obligation to you?
FluroSat invests heavily in the use of secure systems, servers, monitoring devices, backup protocols, data base repair methods, the employment of qualified personnel and other systems and processes to protect Personal Information.
FluroSat uses reasonable endeavours to ensure the security, integrity and privacy of the personal information of its users and subscribers. It uses a variety of physical and electronic security measures including firewalls, applications load balancing devices and other hardware and software to do this.
FluroSat also restricts and monitors physical access to its offices, computer networks and all stored digital data to seek to ensure that personal information is reasonably secure from misuse, loss, unauthorised use or disclosure.
Australian Privacy Principal 12: Access to Personal Information
And;
Australian Privacy Principal 13: Correcting Personal Information
Under these Privacy Principals, FluroSat must provide individuals with:
- Access to their Personal Information.
- The ability to amend Personal Information and/or request for it be amended.
How does FluroSat manage this obligation?
Notwithstanding breaches to the Approved User Warranty Clause of these General Conditions, Approved Users may access, change, amend and remove personal information held by The Provider by accessing their Site Account.
Approved Users may also apply to FluroSat and request copies of personal information that The Provider holds about Approved Users.
If current or past Approved Users believe that information held by FluroSat are inaccurate or in need of updating, they may apply in writing to FluroSat to have details stored on the Site removed, deleted or otherwise amended.
How to contact The Provider
TELEPHONE: | +61 402 474 811 |
EMAIL: | info@productionwise.com.au |
MAIL: | ProductionWise Support Co-ordinator FluroSat Suite 145, National Innovation Centre 4 Cornwallis Street Eveleigh NSW 2015 |
If individuals wish to access, change or remove any Personal Information which may include Property Information and Payment Method Information, or you have any other queries about your privacy rights or the way in which FluroSat as The Provider handles Personal Information, you can do so in one of the following ways:
How can individuals lodge a complaint about privacy issues and/or the use of Personal Information?
Individuals can lodge complaints by contacting the ProductionWise Support Co-ordinator in the ways set out above.
Alternatively, individuals can contact the Office of the Australian Information Commissioner (OAIC).
All complaints will be handled in accordance with this Privacy Policy.
Changes to the Privacy Policy
The Provider may from time to time review and amend this privacy policy and reserves the right to do so at any time.
Removal of Personal Information from the Site
FluroSat has a legal obligation under the Privacy Act 1988 (Cth) to refuse a request to supply Personal Information, Property Information and/or Payment Method Information to individuals where:
- FluroSat believes the request has not been made by, or with the written consent of an individual to whom the Personal Information relates.
Or;
- FluroSat believes that the request is otherwise unlawful.
Or;
- The request cannot be accommodated due to systems outages, delays, stoppages, workflow pressures on Provider resources, force majeure or other events out of the control of the Provider.
Provision of Non-Personal Information to other parties.
The Provider has agreements with third parties to provide them with access to certain information, which may include summaries of information from the Site.
This information is provided to these parties for research purposes only and is provided as part of the FluroSat’s efforts to improve the Site, its features, functions, benefits and uses.
Provision of information under these circumstance does not include Personal Information or any other information that FluroSat believes is in breach of the Privacy Act 1988 (Cth).
As at the date of publication of these General Conditions, the only third party that receives the type information referred to above is the APSIM Initiative.
The APSIM Initiative is a group of publicly funded research bodies in Australia and New Zealand that are the intellectual property owners and Licensor of the APSIM yield forecasting features that are available in the Site. The APSIM initiative includes the CSIRO, Department of Agriculture Queensland, The University of Queensland and AgResearch Ltd New Zealand.
A sample of the information provided to the APSIM Initiative on an annual basis is below, actual numbers have been amended for reasons of commercial confidentiality.
Count of Total Paddocks and Successful APSIM Simulations Executed | ||
Season | Total Paddocks | Total Simulations |
2014 | 123 | 12345 |
2015 | 123 | 12345 |
2016 | 123 | 12345 |
2017 | 123 | 12345 |
Definitions
General Conditions
The policies, terms of use and other legally binding components to the Site which collectively include:
ProductionWise Terms of Use and;
Disclaimer and;
Privacy Policy and;
Intellectual Property and Copyright Notice, and;
Any other terms, conditions, notices and disclaimers contained on this page and elsewhere on the site.
Site
The ProductionWise website which includes but is not limited to the information, features, functions, intellectual property, data, graphs, graphics available on the website www.productionwise.com.au and in the definitions of Site Content, Site Data, Property Information, Site Access and General Conditions below.
Site Content
Visual content and data that is presented on the Site and included in the definition of Site in the General Conditions.
The Provider
FluroSat Pty Ltd, ABN 95 616 198 415. Suite 145, National Innovation Centre 4 Cornwallis Street Eveleigh NSW 2015.
Site Account
The features, functions and capabilities of the Site.
Site Access
A fully revocable and temporary right to access the features, functions and capabilities of the Site which have been to granted by The Provider to Approved Users who satisfy the terms of the General Conditions.
Approved Users
Individuals, businesses and authorised representatives of businesses to whom The Provider has granted Site Access.
FluroSat
The Provider as defined by these General Conditions
Property Information
Information entered by Approved Users onto the Site which includes: farm map boundaries, property location details, personal and farm business details, farm operation plans, farm benchmarking information, farm weather forecasts, records of applications of chemicals, fertilisers and observations of pests, diseases and crop health.
Access Term
The individual period of time that The Provider grants Approved Users of the Site with Site Access. For the avoidance of doubt, one Access Term equals one calendar month.
Access Charges
The fees, costs and other financial charges that apply to the purchase of Access Terms and Feature Add-ons.
Site Data
Data, graphics, photos and any other information that is entered, ingested, inputted, analysed, presented, exported and/or shared either into, within, on, to or from the Site using computer software coding, mathematical algorithm, data analysis models and other software processing techniques.
Personal Information means the definition given to it by the Privacy Act Cth 1988. At the time of writing these General Conditions Personal Information was defined as:
Information or an opinion about an identified individual, or an individual who is reasonably identifiable:
(a) whether the information or opinion is true or not; and
(b) whether the information or opinion is recorded in a material form or not.