This policy explains our privacy practices for Frugl Market which we will refer as the Platform and where the Platform interacts with other Frugl Group used products and services including Frugl Grocery, Frugl Group provided Application Programming Interfaces known as APIs and other services provided by Frugl Group to support the Frugl Market Platform. The following policy applies to all users of the Platform within it’s supported regions and territories which include Australia. This policy does not apply to the practices of third parties who provide services that you may use in conjunction with Frugl Group services or Platforms.
Information Handling Policy #
By accepting our Terms of Service you confirm that you have read and understand this policy including how and why we use your information. If you do not wish for us to collect or process your information in line with this policy, you should ensure that you do not use the Platform or any related services. We are additionally not responsible for the content or privacy policies or practices for any of our members or third-party services that you may use in conjunction with Frugl Group services or Platforms.
Frugl Market’s Terms of Service requires all account owners to be at least 18 years of age. Any minor under the age of 18 and at least 13 years of age are permitted to use Frugl Market services only if they have permission by the account owner with children under the age of 13 not being permitted. You are responsible for any and all account activity conducted by any individual with a connected account under this age. We do not knowingly ‘sell’, as that term is defined under appliable law, the personal information of minors.
By using the Platform and associated services you acknowledge that Frugl Group will use your information in any country where Frugl Group operates. Please be aware that the privacy laws and standards in certain countries, including the rights of authorities to access your personal information, may different from those that apply in the country which you reside. We will transfer personal information only to those countries to which we are permissible by law to transfer personal information.
Collection and Receival of Information #
We collect or receive your information in a number of channels including directly in the method of collecting data through forms or registration that you complete, or indirectly based on your activity and interactions with our services including from devices or software you may use to access our services from other vendors or suppliers. In some instances, you will have the ability to choose what information you supply but in other instances certain information will be required from you to provide services and access to the Platform.
As a seller you may choose to utilise 3rd party services such as linking of your bank account to receive funds directly from the Platform. Frugl Group does not have a direct partner relationship with these third parties and the processing of information within their services are subject to their own privacy policies. The Platform within the Australia uses Stripe as a payment gateway with their privacy policies contained here – https://stripe.com/en-au/privacy-center/legal
In order to use the Platform and associated services you will need to submit a valid email address followed by a name to associate with your account which may be able to be further modified with your account settings or on your behalf. This information is required to enable us to provide you with access to the Platform and any associated services. For access to additional services including our payment services you will additionally be required to supply a full billing contact name, address, telephone number, credit card details and a physical address in addition to a tax identifier number. To have access to the payment services for electronic funds transfer additionally proof of identity will be required in addition to bank account details. This information is to be provided as part of Frugl Group to comply with local legal requirements and to mitigate cases of fraud or abuse. Additional requirements may be in place for additional regions and territories where Frugl Group operates. Frugl Group may contact individual account holders confidentially to request more information about their account or items listed, or may request information from customers of an account holder to ensure compliance with our policies and appliable law. In order to use services or Platform features you may be required to complete an application form, in these instances the information you provide through the form will not be displayed publicly and will only be used internally by Frugl Group and its service providers unless otherwise specified.
As an account holder you may have access to operate as a Retail Seller or Product Seller, under these circumstances you may set a profile associated with your account that will be displayed publicly. The profile, including name, set will be used to identify your account both for Frugl Group staff including support but additionally to users of the Frugl Grocery platform in conjunction with items you have listed for sale. For sellers, we may collect and use information about you in order to feature you in marketing or advocacy materials and to feature you and your stores on and off the platform as provided for in the Frugl Market Terms of Service or as otherwise legally required. From time to time we may also ask you about certain demographic information in relation to specific marketing and advocacy projects or campaigns. Providing this demographic information is entirely voluntary and at the time as part of asking for it we will also be seeking your consent to use it.
We may automatically collect device-specific information from you when you access or use our Platform and associated services. This information can include: hardware model, operating system, app version, app usage, debugging information, browser information, IP address and device identifiers. Cookie based tracking may also be employed where required for the purposes of authentication of your device. This information is used to prevent fraught and to keep the Platform secure, to analyse and understand how the Platform works for users, and to provide targeted information that may include advertising, across your devices for a more personalised experience.
We may receive information from our vendors and suppliers about you. This information can include customer service interactions, payment information, delivery information and information shared in any Frugl Group provided forums.
We additionally receive information from our advertising and marketing partners about you. This information can be collected through attribution information using cookies and tags in URLs to determine where visitors come from in response to marketing emails and advertisements, responses to offers and audience information from our partners who you have given consent to share with us that information.
Location based information may be provided by you as part of your profile or IP address. In some cases, we may also use your device information for precise location information with your consent or through directly asking for your business location. We use location-based information to provide features and improve the Platform and associated services including but not limited for the purposes of selling as a retail seller or as a product seller that is shared with buyers. We only share your geolocation details with third parties (like our mapping, payment or where applicable advertising providers) to provide services associated with the Platform.
Analytics based information may be collected from you such as how often you use the Platform, performance information, errors and debugging information, and usage data may be collected from you for the purpose of improving the services associated with and the Platform. Analytics information as used for the purpose of improving the Platform is not stored with any personally identifiable information.
Users of the Platform may elect to use external third-party services to enhance or gain access to additional functionality from the third-party outside of the Platform this includes the usage of apps or tools using Frugl Market provided APIs. If you choose to connect to a third-party service your relationship as defined by any terms of use, terms of service or privacy policy with that service is between you and that service provider, and Frugl Group may receive information from that service, app or tool. We may also collect publicly available information such as the case with social media in order to connect with you where it has been utilised as a preferred method of communication or to provide services such as marketing and advertising. In the case of social network use for authentication and access, you may be given the option by those third-party services to redirect communications or block them completely. If we are unable to send you critical messages about your access or account usage we may suspend or terminate your account.
Direct Messaging and Contact #
Every seller account is required to keep a valid email address on file for the purposes of receiving messages. Frugl Group may also contact you by telephone to provide support or transaction-related purposes. Additionally with your consent where required by law Frugl Group may also send you a SMS (or similar) message in the context of customer support, research and feedback, security purposes, and transaction-related purposes. You may update your contact preferences as they related to your account however as a user of the Platform you agree to receive all service-related and necessary messages. You agree that Frugl Group can send you non-marketing related emails, messages, and messages related but not limited to transactions, your account, your account security, product changes, correspondence with support, service availability and order notifications.
When you register for an account, subscribe to a newsletter or provide us your email or phone number you agree to receive marketing emails and messages from us. You can unsubscribe from marketing emails and messages through the opt-out link included in those correspondence. Note that some changes to your account settings may take a few days to take effect.
Marketplace Communications #
The Platform provides functionality as a marketplace and allows Users to connect and communicate in public or semi-public areas of the Platform. Functionality that allows communications between users of the Frugl Market Platform are not mandatory but if you do choose to use these features you do be aware that any personal information you choose to submit can be read, collected or used by others or could be used to send unsolicited messages to you. You are responsible for the personal information you choose to post through the associated Services.
Use of Information, Sharing and Disclosure #
Frugl Group will not disclose your name, email or other personal information to third-parties without your consent except as specified in this policy.
When you do access or use the Platform and associated services we collect, use, share and otherwise process your personal information for the purposes described in this policy which include the usage of your information in the following:
- As necessary to meet contractual obligations in our Terms of Service and provide access to the Platform and associated services
- Where you have consented to the processing which you may revoke at any time as part of discontinuing usage of the Platform and associated services
- Where required to comply with legal, regulatory obligations, court orders, or to exercise or defend any impending or asserted legal claims
- As necessary within the context of our third-party legitimate interests such as other users, or partners
- You have made the information public
- Necessary in the public interest including to prevent crime including fraud
- Where necessary to protect your vital interests from others (in cases where we may need to share information to prevent loss of life or personal injury)
Under the usage of your information, we rely on your consent that may be withdrawn at any time but may limit your ability to access the Platform or the associated services.
We will use your information to improve and customise the Platform and associated services including sharing your information for such purposes. This is necessary to allow us to pursue our legitimate interests in understanding how our Platform is being used and to explore ways to develop and grow our business, in addition to being necessary to improve our services, their efficiency, interest in those services and obtaining insight into usage of the Platform and associated services.
We will use your information for safety and security purposes, which can include sharing your information for this purpose which includes ensuring the security of our services and third-party services which may be employed by us to prevent harm to individuals or property, reduce crime including fraud, enforcing or defending legal rights or preventing damage to Frugl Group systems. This additionally includes protection against spam, harassment, intellectual property infringement, crime, fraud, and security risks of any kind. We use your information to provide and improve the Platform and associated services for billing, payment, identification and authentication and general research and aggregate reporting.
As part of transactions including sale of goods using the Platform and associated services we may share your information with some of our third-party partners such as our delivery and payment partners to enable us to provide functionality and services to you. Partners will process your personal information in accordance with their own privacy policies, while they are subject to Frugl Group’s privacy and security requirements for vendors these partners are not Frugl Group and are responsible for the protection of personal information under their control. For retail sellers and product sellers who make a sale you are directing us to use our services in this way and in order to perform our obligations under our Terms of Service. Third party partners may share information collected from buyers with you for the purposes of fulfilling an order and for any other purpose disclosed to you at the time the information is provided to you. As per the Terms of Service you have a limited license to use that information only for transactions and communications related to the Platform and associated services. You are not granted a license to use information for any unauthorised transactions or sending unsolicited commercial messages.
Frugl Group will retain, preserve or release your information to a third-party in the following circumstances: in response to lawful requests by public authorities, including to meet legitimate national security or law enforcement requirements, to protect, establish or exercise our legal right or defend against impending or asserted legal claims, including to collect a debt, or violation of our policies (including Intellectual Property related claims), to comply with a court order, legal process, regulation or other legal requirement, or where we believe in good faith that such disclosure is reasonable and necessary to complete with the law, prevent imminent physical harm or financial loss, or to investigate, prevent, or take action regarding illegal activities, suspected fraud, threats to our rights or property or violations of the platform Terms of Service.
If a verified request for personal information is made as described in the previous paragraph Frugl Group may disclose personal information which may include but not limited to, account user’s names, address, phone number, email address, company/trading name and, where appropriate, bank account and transaction details. These will be handled in accordance with our Data Request Policy.
Frugl Market as a product of Frugl Group is affiliated with a variety of products and businesses that work closely for a variety of purposes including assisting us to provide the Platform and associated services. These products and businesses may sell items or services to you through the Platform or with your consent offer promotions, including marketing email promotions, directly to you. Frugl Group provides services jointly with affiliated businesses including providing you opportunity to sign up with such partners and allow them to more effectively market to you. When an affiliated business assists you with the use of the Platform or associated services including facilitating transactions, we may need to share information related to the transaction with that affiliated business as part of the services we provide in accordance with our Terms of Service. We may partner with advertising partners such as Facebook or Google and we may use analytics aggregated from usage information.
Information that is aggregated such as demographic information may be shared with partners but is depersonalised so personal information is not revealed where possible.
Frugl Group engages third-party companies and individuals (such as research companies and security providers) to help us operate, provide, and market the Platform and associated services. Under these conditions the third parties have only limited access to your information, may use your information only to perform tasks on our behalf, and are obliged to not disclose your information for other purposes. Third-party service providers are engaged where necessary to for the health and functionality of the Platform and associated services, or to provide services to make the Platform and associated services better.
Within the context of the sale and purchase of assets by Frugl Group which may be for the purposes of sale, merger, liquidation, receivership or transfer or substantial assets, member assets is considered a business asset that is transferred. If Frugl Group transfers an asset which includes information about you you will be notified with sufficient opportunity to opt out before your information becomes subject to a different policy including privacy policy or terms of service.
Third-party plug-ins may be used to further enhance the Platform and associated services, within the context of third-party plugins that are use external services including embedded elements within the Platform that can use external services such as social media platforms, you are subject to the Privacy Policies and Terms of Use for those third-party technology providers. These plug-ins may allow third-party providers to recognise your computer or mobile device each time you use the associated service, be aware that when you utilise such plug-ins you are subject to the terms and privacy policies for the third-party provider. Frugl Group chooses and manages which third-party technologies are made available for use however your use of them can be subject to that third-party privacy policy.
This policy does not apply to the practices of third-parties who sell using the Platform and associated services including but not limited to Product Sellers. Frugl Group does not own or otherwise control individuals that Frugl Group does not employ or manage, except as provided for in the Terms of Service or as required by law. If you provide your information to third parties in connection with your use of Services, different practices may apply to the use or disclosure of the information you provide to them. While third-parties who operate within the Platform or associated services as account users are required to follow the Platform policies including security requirements, Frugl Group does not control the privacy or policies of such third-parties. To the full extent appliable within your judication, Frugl Group is not responsible for the privacy, practices of these sellers, API users, or other websites on the internet, even those linked to or from the Platform or associated services.
Data Transfer #
As necessary for the performance of the Platform and associated services for account users Frugl Group operates using global resources to ensure availability, performance, storage and security management practices. As such within the Terms of Service we may need to transfer your personal information across regions which may include the transfer of information to a different country to the one you reside. Within this context circumstances in which law enforcement can access your personal information may vary from country to country, while we will undertake all due care in the safe guarding of your information should providing the Platform and associated services require the moving of your personal information across regions we will do so.
Account Security #
Account users’ access is secured by use of a password which is the account user responsibility to safeguard against unauthorised access to your account and information by choosing your password carefully and by keeping your password and computer secure. This includes signing out after using the Platform and associated services. Data stored as personal data in the Platform is secured with 256-bit encryption standards with read and write operations using Transport Layer Security (TLS). While we strive to protect your personal information, we can’t guarantee its absolute security.
Retention #
Frugl Group will retain your information for as long as necessary for the purposes set out in this policy and the Terms of Service for as long as your account is active. If you wish to have Frugl Group no longer have access to that information you can choose to close your account however Frugl Group will retain your information to the extent necessary to comply with our legal obligations (including to comply with tax and revenue laws for both buyers and sellers), resolve disputes, enforce our agreements and per the Terms of Service. The closure of your account may not free up your email address, username or shop name for reuse on a new account. We also retain log files for internal analysis purposes. Log files may be retained for longer periods where we are legally obligated, or where they are necessary for Platform safety and security.
Rights and Consent #
Frugl Group will give you the ability to access, edit or remove certain information as well as choices about how we contact you. You may change some account information through your account settings as well as remove optional information that you no longer wish to be publicly visible through the associated services. You can also request to permanently close your account and delete your personal information.
Where we rely on consent you can withdraw your consent to our processing of your information using specific features provided to you to allow you to withdraw consent. This may include use of provided account settings, opt-out features within messaging or device based features that you use to access the Platform and associated services such as a Web Browser. You may choose to close your account at any time however this does not negate any financial obligations for the Platform, associated services or agreements made between Buyers and Sellers.
If you require further assistance you can contact Frugl Group through the provided method under ‘Contact’ where we will respond to your request within a reasonable timeframe. Please note we may require the verification of your identity before we are able to process any requests as part of this section. As part of this process, government or other identification may also be required. You may designate an authorised agent to make a request on your behalf, however in order to designate an authorised agent you must provide valid power of attorney, the requesters valid government issued identification and the authorised agent valid government issued identification, and we may verify the authenticity of the request directly with you.
You may control the messages that are sent to you from Frugl Group that are not required or not service-related messages through the ability to opt-out of individual emails or newsletters. However, in the case of required messages which can relate to your account, should Frugl Group not be able to contact you this may result in your account suspension or termination.
We may use where technically necessary and not necessary use cookies or similar technologies. You may elect to restrict your acceptance of cookies from the Platform and associated services but in doing so accept that services or functionality may be limited or restricted. This additionally includes any disabling of additional tracking options that your web browser or device you use for using the Platform or associated services may provide.
Accessibility #
If you have a disability and would like to access this policy in another format, please contact us using the provided method under ‘Contact’.
Seller Responsibilities #
If you sell using the Platform and associated services you may receive and determine what you do with personal information of third-parties. Your privacy responsibilities, including when you act as an independent data controller are laid out in the Seller Policy and Terms of Service.
Changes to this Policy #
We may update this policy where changes to Frugl Group platforms and services require. If we believe these changes are substantial, we will notify you as a user of our platforms and services. Changes may be communicated through our platforms, via email or sending a direct message relating to the changes. Changes will be effective upon posting of the changes unless otherwise specified. You are responsible for reviewing and becoming familiar with any changes. Should you choose to continue using our platforms and services it will constitutes your acceptance of the updated policy.
Contact #
If you have any questions about these Terms, please email info@frugl.com.au
*In some countries you may have additional rights and/or the preceding may not apply to you.
