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Privacy Policy

  1.   Introduction

This Policy applies to Farm Gate Auctions Pty. Ltd. ABN: 50 604 541 433 (referred to as ‘FarmGate Auctions’, ‘we’, ‘our’, ‘us’) and extends to and covers all operations and functions of FarmGate Auctions, including our website, platform, or other associated goods and services we make available to you (Services or Platform, as the context requires). 

All third parties (including clients, suppliers, sub-contractors or agents) that have access to or use Personal Information as defined by the Privacy Act (Personal Information) collected and held by FarmGate Auctions must abide by this Privacy Policy. 

This Policy outlines FarmGate Auctions obligations to manage and protect personal information. FarmGate Auctions is bound by the Australian Privacy Principles (‘APPs’), the Privacy Act 1988 (Cth) (‘Privacy Act’), the Notifiable Data Breaches Scheme, and any other applicable privacy legislation. This Policy also outlines FarmGate Auctions practices, procedures and systems that ensure compliance with the Privacy Act and the APPs. 

By providing your Personal Information to FarmGate Auctions or use any of our Services, you agree and consent that we may collect, use and disclose your Personal Information in accordance with this Privacy Policy.

 

  1.   What kind of personal information do we collect and hold?

We collect and hold the following kinds of personal information about individuals

  • Name
  • Address
  • contact details
  • ABN & PIC
  • bank account details (if you choose to sell)
  • any other information that allows us to transact with you
  • details of your usage (including the date, time, location or duration of the usage);
  • if you visit the Platform, certain technical information, for example, the type of device (and its unique device identifier) you use to access the Platform, the Internet protocol (IP) address used to connect your device to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system, mobile network information and platform;
  • any other information that is relevant to the Services that we provide.
  • Statistical Information, including:

○  details of your usage (including the date, time, location or duration of the usage); and

○  any other behavioural and statistical information about an individual and/or business in connection with the Services.

 

  1.   How we collect personal information 

We collect Personal Information when you provide it to us. For example, when an individual registers for an account, requests buy and/or sell permission or signs up for marketing material we will collect personal information. 

This includes when you:

  • use the Services (as updated from time to time);
  • fill out a form on the Platform;
  • register or subscribe to use the Platform;
  • report a problem with the Platform;
  • sign up to receive marketing communications from us about the products and/or services we offer;
  • you provide us with feedback, opinions and / or comments regarding the Platform;
  • you transmit or upload content including, but not limited to photographs, videos and supporting documents to the Platform;
  • contact or correspond with us (for example, by phone, e-mail or otherwise) for any other reason (for example, to request further services from us).

 

  1.   Why does FarmGate Auctions collect and hold personal information?

We may collect and hold the information about an individual for the following purposes:

  • to ensure we can comply with our legal obligations, whether under the Privacy Act or otherwise;
  • to enable users to use the full capability of the Services;
  • to consider and assess an individual’s application to buy and/or sell;
  • to notify users when livestock is listed on the platform;
  • to notify users when an auction is open or live;
  • to create invoices and settle auctions;
  • to provide an individual with information about our services or special offers;
  • to protect our business and other clients from fraudulent or unlawful activity;
  • to conduct our business and perform other management and administration tasks;
  • to consider any concerns or complaints an individual may have;
  • to manage any legal action involving FarmGate Auctions;
  • to help us improve the products and services offered to our clients and to enhance our overall business;
  • for any other additional purposes that may be required from time to time in the gradual expansion of capabilities (technical or otherwise) of the Services.

 

  1.   How we might use and disclose personal information

FarmGate Auctions may use and disclose personal information for the primary purposes for which it is collected (set out in section 4 above), for reasonably expected secondary purposes which are related to the primary purpose and in any other circumstances that may be required by FarmGate Auctions and is authorised by the Privacy Act. 

FarmGate Auctions will use your Personal Information for any of the following purposes, including but not limited to:

  • Planning, performing, managing and administering your business relationship with us, e.g. providing support services or providing you with other services or things you may have requested;
  • Maintaining and protecting the security of our services, websites and other systems, preventing and detecting security threats, fraud or other malicious activities;
  • Solving disputes, enforcing our contractual agreements and to establish, exercise or defend legal claims;
  • Communicating with you through the channels you have approved to keep you up to date on the latest announcements, special offers and other information about FarmGate Auctions products, technologies and services (including marketing-related communication) as well as events and projects which are pursuing. This will be done in compliance with all relevant privacy legislation. 

We give everyone we interact with the option to ‘opt out’ of receiving marketing communications from us. If you no longer wish to receive electronic marketing communications from us or selected third parties, you can unsubscribe by clicking on the “unsubscribe” link provided in any email communication we send you.  

Sensitive information will be used and disclosed only for the purpose for which it was provided or a directly related secondary purpose, unless the individual agrees otherwise, or permitted by law. 

We engage other people to perform services for us, which may involve that person handling personal information we hold. In these situations, we prohibit that person from using personal information about the individual except for the specific purpose for which we supply it. We prohibit that person from using the individual’s information for the purposes of direct marketing their products or services. 

Subject to section 8 below, we will not sell an individual’s Personal Information to unrelated third-parties.

 

  1.   Our use of cookies and other technologies 

We utilise cookies and other similar technologies to gather information about your interactions and usage patterns when using our Services. This includes, but is not limited to: 

  • Device information such as your IP address, browser type and operating system; and
  • Usage data such as your interactions, preferences and settings.

This helps us enhance your user experience and improve the services we offer. By using our platform, you consent to the placement and usage of these cookies and technologies as described in this Privacy Policy. 

You have the option to manage or disable cookies and similar technologies through your browser settings. However, please note that certain features and functionalities of our platform may be affected if you choose to disable these technologies.

 

  1.   Who might we disclose your personal information to?

We may share your Personal Information with selected third parties in accordance with this policy, including:

  • an Agent, contractor or service provider we engage to carry out our functions and activities such as our lawyers, accountants or marketing agencies
  • organisations involved in a transfer or sale as part of our business
  • organisations involved in managing payments
  • public specific documents that may contain personal information about you (e.g. Cattle Health Declaration)
  • service providers (for example, IT services), business partners, suppliers
  • analytics and search engine providers that assist us in the improvement and optimisation of the Platform.
  • social media platforms such as Facebook for marketing purposes where your information will be encrypted in order to protect you.
  • government or other law enforcement agencies, in connection with the investigation of unlawful activities or for other legal reasons (this may include your location information)

We may also engage third-party service providers or APIs which are or might be embedded or be provided as part of the Services. You acknowledge and agree that you may be required to agree or accede to additional terms and conditions or privacy policies (in addition to this Privacy Policy) in order to utilise those third-party services or functionalities.

 

  1.   De-Identified Information

We may use your Personal Information in de-identified form (de-identification being a process by which a collection of data or information is altered to remove or obscure personal identifiers and personal information) to assist us in running our business. We may also provide, including by way of sale, de-identified information in aggregated form, to third parties. This information may include (but is not limited to): 

  • [Sales and auction statistics;
  • Trends in sales, sales rates, sales strategies and other characteristics;
  • Sales performance analysis and comparisons;
  • Statistics in connection with the Services
  • Such other data and/or information that is collected via the Platform and/or Services and is not capable of identifying you.]

 

When your Personal Information is included in de-identified, aggregated data, it is not possible to identify you or anything about you from that data. 

 

  1.   Management of personal information

We recognise how important the security of your Personal Information is to you. We will at all times seek to ensure that the Personal Information we collect and hold is protected from interference, misuse or loss, unauthorised access, modification or disclosure. 

To enable us to meet our obligations under the Act and to ensure the operation of the Platform, we may need to allow our authorised employees and contractors to access your Personal Information. The employees and contractors are required by contract and policies to maintain the confidentiality of your Personal Information.

If you suspect any misuse or loss of, or unauthorised access to, your Personal Information, please let us know immediately. 

All information you provide to us is stored on secure servers. We will use appropriate technical and organisational measures to safeguard your Personal Information. 

Where we have given you (or where you have chosen) a password which enables you to access the Platform, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. 

We maintain (and ensure that anyone we share your Personal Information with maintains) appropriate technical and organisational measures to ensure that an appropriate level of security in respect of all Personal Information we process. Unfortunately the transmission of information via the Internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted via the Platform; any transmission is at your own risk. Once we have received your Personal Information, we will use strict procedures and security features to try to prevent unauthorised access or inadvertent disclosure.

 

  1. Access and correction to your information

We will take reasonable steps to provide you with access to your Personal Information.

We will take reasonable steps to correct your personal information if we are satisfied that it is inaccurate, out of date, incomplete, irrelevant or misleading. If we have provided your Personal Information to third parties we will also notify them of the correction if you ask us to do so, unless it is impracticable or unlawful.

Requests to access and correct your information should be made by email, post or phone using the details provided under the ‘Contact Us’ section of the Platform. Note that we will need to verify your identity before processing your request. We will endeavour to respond to your request within 30 days.

If we do not agree with your request to access or correct your information, we will provide you with written reasons for our decision and available complaint mechanisms.

 

  1. Updates to this policy

This Policy will be reviewed from time to time to take account of new laws and technology, and changes to our operations and the business environment. 

If you continue to use our Platform after the changes are made, then you will be agreeing to the changes.

Published: June 2023