1. Background

Native Extracts ACN 161 185 913 (Native, We, Our, Us, and other similar terms) takes all reasonable steps to implement processes and procedures for the responsible management of Personal Information and Data.   Whilst we endeavour to take reasonable steps to comply with the principles in contained in the Privacy Act 1988 (Cth)(Act) and the Australian Privacy Principles (APP) we are not bound by the Act and this Privacy Statement should not be construed as Native ‘electing’ or ‘opting’ to be bound by it.

This Privacy Statement applies to Personal Information collected by Native in the course of providing Our Goods and services to Our customers (You, Your, and other similar terms) regardless of its source and forms part of the terms and conditions of Our various agreements with You and browsers of our website.

We have implemented this Privacy Statement in order to be open and transparent about how We collect, hold, and use Your Personal Information, and under what circumstances We may disclose or transfer it, despite not being legally bound by the terms of the Act.


2. Definitions

In this Privacy Statement, unless the context or subject matter otherwise require:
Data means any information which is reduced to electronic form and stored in any of Our computer systems.

Data Breach means any unauthorised access to, unauthorised disclosure of, or loss of, Personal Information held by Us where the access, disclosure or loss is likely to result in serious harm to any of the individuals to whom the information relates.

Personal Information means 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.

Sensitive Information means:

(a)        information or an opinion about an individual's:

(i)         racial or ethnic origin; or 
(ii)        political opinions; or
(iii)       membership of a political association; or
(iv)       religious beliefs or affiliations; or
(v)        philosophical beliefs; or
(vi)       membership of a professional or trade association; or 
(vii)      membership of a trade union; or
(viii)     sexual orientation or practices; or
(ix)       criminal record;

that is also personal information; or

(b)        health information about an individual; or

(c)         genetic information about an individual that is not otherwise health information; or

(d)         biometric information that is to be used for the purpose of automated biometric verification or biometric identification; or

(e)         biometric templates.


3. Collection

3.1  Collection of Personal Information

(a)        We collect Personal Information:

(i)        when You interact with us online, over the phone, by email, in person or through other means of communication; and
(ii)        to assist You with the supply of goods, the provision of services, and to provide any related assistance or for other purposes requested through such communication.

(b)        The type of Personal Information We collect includes Your name, address, telephone number, email address and any additional information You provide to Us in order to provide You with Our Goods and Services.

(c)        Where You contact Us on behalf of Your employer, the information You provide often contains information about Your employment, position and employers contact details.  In those circumstances certain employment information is collected.

(d)         We attempt to ensure that information will only be collected directly from You unless You authorise another person to provide the information.


3.2 Sensitive Information

Native does not collect Sensitive Information or sensitive Personal Information as defined in section 6 of the Act.


3.3 Device information and cookies

(a)        When You visit Our website at https://www.nativeextracts.com, We may collect certain information about Your visit, including Your IP address and details about Your Web browser, including the type of browser and the operating system on which it is running, Your primary language preference, and whether Your browser is currently storing cookies previously set by Our website.  Additionally, as You browse, We collect information about the individual Web pages You view, what websites or search terms referred You, and information about how You interact with Us online.

(b)      We collect device information using the following technologies:

(i)          ‘Cookies’ which are data files placed on Your device or computer which may include an anonymous unique identifier;
(ii)         ‘Log files’ which track actions occurring on the website, and collect data including Your IP address, browser type, referring/exit pages, and date/time stamps; and
(iii)         ‘Web beacons’, ‘tags’, and ‘pixels’ which are electronic files used to record information about Your browsing session.

(c)        Please note that We do not alter Our websites’ data collection and use practices when Your browser is set to send a Do Not Track signal.

(d)        Through Our use of Google Analytics, the information generated by the cookie about Your use of the website (including Your IP address) will be transmitted to and stored by Google LLC on servers in the United States of America.  Google will use this information for the purpose of evaluating Your use of the website, compiling reports on website activity for website operators, and providing other services relating to website activity and internet usage.

(e)        Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf.

(f)         You may refuse the use of cookies by selecting the appropriate settings on Your browser, however if You do, You may not be able to use the full functionality of Our website.

(g)         We do not collect Personal Information or associate the information collected via cookies, web beacons, tags, log files or pixels with other Personal Information We collect.

4. Consent

(a)        By agreeing to this Privacy Statement, You give us Your consent to use Your Personal Information as set out herein.  You have a right to withdraw Your consent at any time and may do so by contacting Us via the details provided below.

(b)        By using Our website, You consent to the processing of data about You by Google LLC in the manner described in the Google Privacy Policy and for the purposes set out above.  You can opt-out of Google Analytics measurement by refusing Google Analytics cookies.

5. Use

5.1 General use

We use Personal Information collected as part of Our business operations which are primarily associated with the sale of goods in relation to Native.  Examples of when Your information may be used include:

(a)          informing You about Our goods and services;

(b)          providing You with the goods and services requested;

(c)           administration needs in relation to providing You with goods and services, including managing Your account;

(d)          dealing with requests, enquiries or complaints and other customer care related activities; and

(e)           carrying out any activity in connection with a legal, governmental, or regulatory requirement imposed on Us or in connection with legal proceedings, crime or fraud prevention, detection or prosecution.

(f)           We may also use Personal Information for purposes, as would be reasonably expected by You, in connection with those activities described above. However, We will not use Your Personal Information for purposes, other than as described in this Privacy Statement or other agreement We have with You, unless You consent to that use or there are specific law enforcement, public health or safety reasons.

5.2 Direct marketing

Where You have elected to be included on Our mailing list or to receive other electronic communications, We may use Your contact details to send You those communications.  To opt-out of receiving marketing material, You may contact Us via the details below or select the ‘unsubscribe’ link provided in that communication.


6. Accessing Your information

Upon Your request and after satisfying Ourselves of Your identity, We will provide access to the Personal Information We hold about You except in certain prescribed circumstances.  These include, where:

(a) We believe giving access would pose a serious threat to the life, health or safety of any individual, or to public health or public safety;

(b) giving You access would be unlawful;

(c) granting access would have an unreasonable impact on the privacy of other individuals;

(d) the request for access is frivolous or vexatious; or

(e) there are anticipated legal proceedings.


7. Data integrity

We take reasonable steps to ensure the Personal Information We collect, use, and disclose is accurate, complete, and up to date.  You have a right to access and correct incorrect Personal Information at any time and may do so by contacting Us using the details provided below.

If You become aware Your information is no longer accurate, complete, or up to date please contact Us.

8. Sharing information

We may disclose Personal Information to:

(a) Our employees, a related entity and Our professional advisors, such as Our lawyers and accountants;

(b) emergency services providers to assist in the prevention of harm and risk to life;

(c) law enforcement agencies to assist in the investigation and prevention of criminal activities; and

(d) Our third-party contractors or service providers with whom We have a business association, including:

(i) marketing service providers;
(ii) accounting service providers; and
(iii) information technology service providers including cloud application providers.

Finally, We may also share Your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information We receive, or to otherwise protect Our rights.

We will not disclose Your Personal Information other than in accordance with this Privacy Statement without Your consent.

9. Offshore transfers

The Personal Information We collect may be transferred out of Australia and to countries including the United States of America where it is processed by third party providers of cloud-based services, who assist Us to manage promotional material, email, office administration, and accounting services.  Native relies solely on service providers with a track-record for reliability.

While We do not otherwise actively disclose Your Personal Information to other overseas entities, the service providers We engage may use international data centres and disaster recovery sites.  Consequently, these providers may have access to Your information.

10. Security

We take commercially reasonable steps to protect the Personal Information We hold from misuse, loss and unauthorised access, modification or disclosure.  We do this by:

(a) maintaining and keeping Our systems up to date;

(b) using secure servers protected from unauthorised access, modification, or disclosure;

(c) where possible using multi-factor authentication where it is available;

(d) using Secure Sockets Layer (SSL) encryption to transfer data across public networks, such as the internet;

(e) relying on reputable service providers; and

(f) limiting the collection of Your Personal Information to that which We reasonably require.

11. Data retention

If We hold Personal Information about You, and We do not need that information for any purpose, We will take reasonable steps to destroy or de-identify that information, in accordance with the APPs, unless We are prevented from doing so by law.

Under Australian law, financial records, such as those relating to financial transactions, must be retained for 7 years after the transactions associated with those records are completed.

We envisage that Your Personal Information will be deleted or de-identified within ten (10) years if it is no longer reasonably required for the purposes for which it was collected.

You may make a request to Us in writing to remove Your Personal Information and, where permitted, We will do so in accordance with the APPs.

12. Complaints procedure

Native is a customer service-oriented business.  Therefore, if You have a complaint about Our collection or use of Personal Information pertaining to You, then We would ask You to contact Us.  Our Privacy Officer can be contacted via the information provided below.

13. Contact Us

For more information about Our privacy practices, if You have questions, or if You would like to make a complaint, please contact Us using the details provided below:

Privacy Officer
24 Kays Lane
Alstonville, NSW 2477
Telephone: 02 6686 5725
Email: enquiries@nativeextracts.com

14. Amendments

We will review this Privacy Statement from time to time in accordance with our business needs. We may update it from time to time to reflect changes to Our practices or for other operational, legal, or regulatory reasons.

This Statement was last updated on 19 November 2022.

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