1. Purpose of this document

We take your privacy very seriously. We are bound by the National Privacy Principles, and as such, this Privacy Policy describes what we do, and what we don't do, with the personal information of our readers and other users that we collect using any web site or online property.

2. Interpretation

In this Privacy Policy, the following words have the following meanings:

Content means all text and each graphic, image, video, application and any other data displayed on, or made available from, the web site or online property.

Online property means any online presence on a third party social media web site that is operated in part by us, and includes our Facebook® page, Instagram® account and Pinterest® page;

Personal information means information that identifies you or could be used to identify you;

Sensitive personal information means personal information information or opinion about an individual’s racial or ethnic origin, political opinions, membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual preferences or practices, criminal record or health information about an individual;

We, us and our and similar words refer to Bellyflop Pty Ltd t/as Freckleberry Chocolate Factory or Chocoholics Direct (ABN 30 099 704 453); and

Web site refers to any web site owned or operated by us, including the sites located at www.freckleberry.com.au, www.choconline.com.au, www.chocoholicsanonymous.com.au, www.freckleberrykids.com.au, www.chocoholicsdirect.com.au,

3. Questions about this policy

If you have any questions about this Privacy Policy, please contact us using the details below:

Phone:

03 52298432 (between 8:45 am and 4:45 pm AEST Monday to Friday, excluding public holidays).

Mail:

Freckleberry Chocolate Factory

P.O Box 1569

Geelong. VIC 3220

Web:

Contact us form

 4. Activities, which involve providing different types of personal information

In the course of our interaction with you, we may collect personal information that relates to you. The types of personal information that we collect will vary according to the type of activity as follows:

  1. Browsing: We use "Google Analytics", a web analytics service provided by Google, Inc ("Google"). Google Analytics uses "cookies", which are text files placed on your computer, to help us analyse how people use the web site. The information generated by the cookie about your use of the web siteincludes your IP address and your location (often to the nearest town or suburb), the time and duration of your visit and the pages that you visit. You have the ability to refuse the use of cookies by selecting the appropriate settings on your browser, however you may not be able to use the full functionality of the web site if you choose to do this.

  2. Enquiring: You will need to provide personal information to us if you choose to submit a question or request to us via email or using our "contact us" form. The information that you will need to provide will include a name, and one or more means to contact you (whether by telephone, email address, instant messaging, or skype or other media);

  1. Subscribing: You will need to provide personal information to us if you choose to receive updates and information periodically. This personal information will include a name and either an email address, or a username for a particular social networking service.

  1. Commenting/posting: You will need to provide personal information if you choose to make a comment or post a question in relation to any content. Where your post or comment is on an online property, this personal information may include your name or user name for that online property any avatar or image used by you in relation to that online property, and (if they can be used to identify you) the views which you choose to express. Additionally, if we accept a comment or a post on anyweb site, you may also be asked to submit your email address;

  1. Accessing Restricted/Members Only Content: Some information we provide is only available to those who register as members of a particular web site. Registration requires you to provide personal information such as a name and email address. In some circumstances, we may ask you to provide additional details such as your age or date of birth, your gender and phone number;

  1. Entering Competitions: We may, from time to time run competitions (trade promotion lotteries) periodically with the aim of promoting ourselves. The information that you will be asked to provide is detailed in the terms and conditions of each competition that we run;

  1. Registering to Purchase: You will need to provide personal information to us if you decide to make a purchase from, or make a booking using a web site. When registering, some of the information that you will be asked to provide will include your name, billing address, phone number and email address. Finally, our software records your computer's unique Internet Protocol (IP);

  1. Submitting Payments: When purchasing an item from our web site, you may also provide sensitive and confidential payment information. This payment information may take the form of credit card details, PayPal details or bank account details. We also record your computer's unique Internet Protocol (IP) address when you make the payments;

  1. Other Activities: We may use information for purposes not listed above in the following circumstances: (a) where specifically authorised by you; (b) where the use is related to one of the primary purposes listed above and where it could reasonably be expected; (c) where it is necessary for us to comply with the law or the lawful direction of a governmental authority or court; or (d) where it is in the interests of public health and safety.

We do not seek to collect sensitive personal information.

5. How we will not use the personal information that you provide

Except as set out in Clauses 6 and 7 below, we will not disclose your personal information. In particular, we will not give, lend, rent or sell your personal information to any third party telemarketing, market research organisation or email list building organisation that is likely to on-sell it to other people or organisations.

6. How we will use the personal information that you provide

We may use your personal information for the following purposes:

  1. Answering Queries: If you have contacted us with a query or request, we will use your personal information to respond to that query or request;

  1. Providing Information: If you subscribe to receive information from us in the form of a newsletter or emailed updates, or a feed via a social networking service, your contact information will be used to send that information to you from time to time. The information may take the form of general communications which simply allow us to "keep in touch" with you, or may be direct marketing material which contains special promotions and special offers;

  1. Displaying Comments/Questions: If you submit a comment or post a question, your comment or question may be displayed on the web site or online property, along with the name or username provided by you, and any relevant image or avatar. We will not publish your email address;

  1. Delivering Restricted Access/Members Only Content: If you register to receive restricted access or member only content, we will use your personal information to deliver that content to you. We may also choose to contact you and to offer or discuss the provision of relevant services by us to you;

  1. Competition Administration: If you win a prize in one of our competitions, we will use your personal information to notify you, and will publish your name as the winner if required to do so by law;

  1. Usage Analysis: We use your information to generate a holistic but anonymous picture of our user base and usage patterns. This information allows us to analyse trends and demographics and helps us to improve on the content and services provided;

  1. Payment Administration: We will use financial data to process payments, and (if necessary) co-ordinate refunds.

  1. Fraud Prevention: Online merchants such as us occasionally suffer from the fraudulent activities of some shoppers. We have the right to use the personal information that we collect to verify your identity. For example, we could compare names on accounts with information on credit cards, or with publicly available information such as White Pages™ data. These checks are done carefully by a member of our Customer Experience Team, and using manual rather than automated methods. The checks will usually be done only if there is a reason to suspect fraud;

  1. Sale of a Going Concern: At some point in the future, we may decide to sell the assets of our organisation as part of a sale of business. Our customer or user database would be included in this sale. We would only sell this database as part of a going concern so that the new owners could continue to provide services to you. The new owners would also be bound by the terms of this Privacy Policy unless you reach a separate agreement with them. We would not sell our customer or user database separately from our other assets;

  1. Other: We may also disclose your personal information where required or necessary under the provisions of the Privacy Act 1988 (Cth) (e.g. if it is necessary to prevent a serious threat to public safety etc).

7. Disclosing your information

a. Parties to whom we could disclose your information

During the course of our business, we may disclose your personal information as follows:

  1. Service Providers: Third party companies and individuals (including Google) are engaged from time to time to perform specific business services for us. These services include the booking of services, processing of payments, trend analysis, marketing and promotions. We may need to provide some of your details to these services providers in order for them to perform their functions, but we will only do so where it is strictly necessary for them to perform these functions;

  1. Authorities: We will pass on information relating to suspected fraudulent activity to appropriate authorities including the police, banks and credit card issuers, or otherwise if required to do so by law;

  1. General Public: If you win a prize in one of our competitions, we will disclose some of your personal information in certain publications in order to comply with our obligations under applicable trade lotteries legislation. Precise details of the disclosures to be made appear in the terms and conditions of each competition, and entry into each of our competitions requires your consent to such disclosures.

  1. New Owners: As detailed above, we might decide to sell our user database as part of a going concern to a new owner. We would ensure that this owner would also be bound by this Privacy Policy unless you reach a separate agreement with them.

b. Cross-border disclosures

The disclosures of information listed in section (a) above, may involve transmitting, storing or processing information across national borders. This includes (amongst other things): our right to host the web site on servers located outside Australia; our right to conduct usage analysis; and our right to process payments. You consent to the transmission of data for these purposes.

In addition, personal information that you submit in the form of, or relating to, comments will be published on the Internet and will be accessible in any location around the world in which there is Internet access.

8. Your rights in relation to your personal information

Subject to the exceptions allowed by law, you have a right to view, change and remove the personal information that we store about you. Further, where you have provided personal information through an online property, our ability to assist you to view, change and remove that personal information will be subject to the terms and conditions of the provider of the relevant platform (e.g. Facebook, Instagram etc).

Requests for us to assist you to view, change or remove your personal information should be made in writing by post, fax or email using the contact details provided above. You should provide us with any details necessary to enable us to comply with your request, including your name and the capacity in which you believe we are storing your personal information (i.e. as a customer, newsletter subscriber etc).

If you ask us to attend to your request, we have the right to request a small fee before we can assist you. Before we act on requests of this nature, we will tell you how much this service will cost. We will respond to your request within 10 business days.

We may deny your request in some circumstances. These include circumstances outlined in the National Privacy Principles, such as where we determine that the request is frivolous or vexatious. If we do deny your request, we will provide you with our reasons for doing so.

9. Changing your communication preferences

We do not disseminate spam, as we only send information to people who have requested it. If you have requested information from us in the past, but have now changed your mind, please either:

  1. click on the "unsubscribe" link in any one of our communications (if available); or

  2. reply to any of our email messages using the word "unsubscribe" in the heading; or

  3. contact us by visiting our contact page.

There is no charge associated with being removed from our mailing or communications list.

10. Information security

We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information, and to prevent unauthorised access, modification or disclosure of your personal information. These include restricting physical access to our offices and the use of software or hardware firewalls. Payment information is processed by secure servers hosted by third party suppliers, and not on this web site.

Nevertheless, you acknowledge that the Internet is not a secure environment. If you send us information, including your email address, it is sent at your own risk.

11. Other privacy information

If you are a registered member of the web site, please sign out once you have finished using our web site and close your browser (e.g. Internet Explorer, Mozilla Firefox or Apple Safari). This ensures that no one else can access your personal information after you.

You are responsible for the security of, and access to, your computer. There are particular risks when you use your computer for online shopping in a public place (such as an Internet cafe).

You are responsible for maintaining the secrecy of your username, password and any account information.

Further privacy information can be obtained on the web site of the Australian Privacy Commissioner, which can be found at the web site of the Privacy Commissioner.

12. Children

We understand that people under the age of 18 years do use our web site and online properties, and ask to receive information from us. We are unable to verify the ages of people who provide us with email addresses, but we will give a parent, guardian or other responsible adult the right to change the child's communication preferences, and to view, change and remove the child's personal information in accordance with this Privacy Policy.

13. Changes to this document

We have the right to update this privacy policy from time to time by posting a new version on this website. Please check this web page periodically in order to ensure that you are familiar with any changes. This privacy policy was last updated on 19th February, 2015