Privacy Policy

As at August 2022

The Cannery Rosebery has created this privacy statement to demonstrate our firm commitment to privacy. We understand the importance you attach to information that identifies you and we would like you to have full confidence in dealing with us. This Privacy Policy details in general terms how we collect, store, use and disclose your personal information under the Australian Privacy Principles.

The Cannery Rosebery (EK Nominees Pty Ltd as trustee for Margaret Katz Settlement) ABN 79 189 956 595 and its Related Bodies Corporate (within the meaning of the Corporations Act 2001 (Cth)) collects, stores, and uses your personal information as a data controller in connection with the use of The Cannery Rosebery consumer website accessible at https://canneryrosebery.com.au/ (the "Site"), participation in our various competitions accessible via the Site or via any related mobile or computer-based applications ("Apps"), attendance at The Cannery Rosebery (the "Centre") and other related services (collectively, "Services") in accordance with this Privacy Policy. We refer to each of these entities in this Privacy Policy as "us", "we", or "The Cannery Rosebery".

WHAT INFORMATION DOES THE CANNERY ROSEBERY COLLECT?

  • 1. Personal Information you provide voluntarily
    • We collect information that you provide directly to us when you:
      • a. sign up to be a member of our database;
      • b. register or fill in forms on the Site, social media, WiFi and other online services;
      • c. access and use our website or WiFi services, or interact with us via social media or digital media
      • d. transact with us;
      • e. participate in online surveys, promotions or competitions and register for or use any of our Services;
      • f. send emails, letters or other correspondence to us;
      • g. report an incident, make a complaint or provide other feedback to us; and
      • h. attend the Centre and car-park under video and camera surveillance.
    • This includes the following information:
      • a. personally identifiable information ("PII"), such as your name, street address, phone number, or email address, which we require to enrol you on our database and communicate with you;
      • b. a photograph or video surveillance recording of you, your car and your licence number if you are physically present in the Centre or the car-park;
      • c. details of your interests and shopping preferences and activity;
      • d. details of incidents involving you at the Centre, enquiry/complaint details and records of communications; and
      • e. device identification information (including device identifiers, usage and location data) when you use a computer, mobile phone, smart phone, tablet, or other device to access our WiFi services; This may include information about the different areas of the Centre that you have visited and your present location within the Centre.
  • 2. Website Browsing Information
    • When you visit our Site, we may also collect the following personal information for statistical and security purposes:
      • a. the user’s IP (Internet Protocol) address;
      • b. the date and time of your visit to the Site;
      • c. the pages accessed and documents downloaded;
      • d. the type of browser and operating system used;
      • e. the state or country from which you access the Site;
      • f. name of your Internet service provider;
      • g. web pages from which you link to our Site or go to from our Site;
      • h. the web pages within our Site you view when visiting our Site; and
      • i. geolocation if you access our Site via a mobile device. You will have the option to turn off geolocation on your mobile device, but certain features in our mobile apps may not then work properly for you. As part of website browsing tracking processes described above, we use third-party technology, namely Google Analytics. We do not knowingly provide Google with any PII as part of using Google Analytics. Further information about the Google Analytics privacy principles can be found at https://policies.google.com/

    Please note that our Internet Service Provider who hosts our web site on their computers may also collect information for analysis, research and auditing, and also backs up files for security. Please note that this policy does not apply to the practices of companies we do not own or control.

  • 3. Information Provided About You From Social Media Sources

    • Your participation in social media and social networking sites like Facebook, Mailchimp, Later or Instagram may lead us to receive certain additional personal information about you through third parties, including publicly accessible social media posts and any personal information you allow us to collect by linking your account on our website with a third-party social-networking site including but not limited to Facebook and Instagram.

      See Social Media/Third Party Services section below for more information.

  • 4. Cookies

    • We use cookies to personalize or enhance your user experience and to facilitate the tracking of session and cross session activities. A cookie is a small text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.

      One of the primary purposes of cookies is to provide a convenience feature to save you time. For example, if you personalize a web page, or navigate within a site, a cookie helps the site to recall your specific information on subsequent visits. Hence, this simplifies the process of delivering relevant content and eases site navigation by providing and saving your preferences and login information as well as providing personalized functionality.

      The type of information that may be stored in a cookie includes non-PII about you. Some examples may include a randomly assigned user or session identification number, the country where you are located, and your first name to welcome you back to the site. We reserve the right to share aggregated site statistics with third parties, but will not allow other companies to place cookies on our Site unless there is a temporary, overriding customer value (such as merging into our Site another site that relies on third-party cookies).

      You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you reject cookies by changing your browser settings, then be aware that this may affect the functionality of our Site.

WHY DOES THE CANNERY ROSEBERY COLLECT INFORMATION ABOUT YOU AND HOW DO WE USE IT?

  • We use the personal information described above to provide you with a superior shopping experience and, as necessary, to administer our business. We may use and disclose personal information that we collect about you for the following purposes:
    • a. to verify your identity;
    • b. to provide goods or services that you order from us;
    • c. to conduct competitions or promotions for which you have registered, including to contact competition winners, and to inform customers about events, activities and promotions, both in the Centre and as part of our other activities;
    • d. to communicate with you about special offers, events, new products or services, or surveys. We will provide a simple means by which you may easily request not to receive such communications;
    • e. to meet our legal and regulatory obligations, including responding to lawful information requests from courts, government agencies and lawyers and to protect our lawful interests;
    • f. to manage the security of the Centre, including, where necessary, to provide to law enforcement and government bodies, our staff and subcontractors, third parties who provide us with services from time to time, insurers and retailers for those purposes;
    • g. for the purposes of managing car parking at the Centre and marketing purposes;
    • h. to help us improve the structure, layout and usability of our Site and mobile applications and to enable you to participate in any interactive features of the Site and mobile applications;
    • i. to help us plan, operate and manage our Centre, including planning, product and service development, security, testing, customer relationship management and record management;
    • j. to answer any questions that you may raise or respond to any comments you may send us;
    • k. to conduct research and perform analysis in order to measure, maintain, protect, develop, and improve our Services;
    • l. to market and promote the Centre, and any of the tenants of the Centre, including by using your image in promotions featured on social media accounts. We may also send marketing or promotional materials to you where you subscribe to one of our newsletters or any other communication service, you request information about our services, you use our WiFi or mobile applications or you provide your contact details to us and request that we contact you;
    • m. where you make any publicly available social media posts, to repurpose on any of our social media accounts. In such circumstances, your original post will be credited; and
    • n. to serve advertisements to you on the Site which are tailored to your interests based on information we receive about you as set forth above, including tracking your activities while you use our Site. We also use third parties to serve you interest-based advertising, and our Site is coded to respond to and track instructions from web browsers.

WITH WHOM DOES THE CANNERY ROSEBERY SHARE YOUR INFORMATION AND WHY?

Except as otherwise described below, we will not share your PII with others.

  • With your Consent: We may share or disclose your PII with third parties with your express consent. Should an event arise which we deem appropriate to obtain your express consent, we will contact you directly using the contact information we have on file for you. It is important that you maintain all your information with us current and accurate.
    • 1. Service Providers: The Cannery Rosebery, like many businesses, sometimes hires other companies to perform certain business-related functions (e.g. mailing campaigns to customers, maintaining databases, social media management, processing payments, and processing purchases). When we employ the services of another company to perform a function of this nature, we will provide them with the information they need to perform their specific function(s) and require them to use it only for the limited purpose of providing the services contracted by us.
    • 2. Business Transfers: In the event we sell or transfer our business or assets, including as part of any bankruptcy, our databases may be transferred to the new owner/successor.
    • 3. Legal Compliance: We may disclose your PII if we are required to comply with a law, regulation or legal request such as a subpoena from a court; to protect the safety of any of our Site users, any person or the general public; to address fraud, security or technical issues; or to protect our rights or property.
    • 4. Non-Personal Aggregate Data: We may provide aggregated anonymous information concerning member usage of our Site to third parties for any purpose not prohibited by law.
    • 5. We use it for the purposes for which we collected it.

WHAT INFORMATION IS COLLECTED THROUGH INTEGRATION WITH SOCIAL MEDIA/THIRD PARTY SERVICES?

  • 1. The Site may make access to social media sites available to you. You are not required to provide any personal information when using these areas, but if you do then (i) such information may become publicly available, (ii) you may receive unsolicited messages from other parties with access to the same social media platforms, and (iii) when you post a comment to some social media sites, your user name and possibly your current location may be made publicly available. By accessing social media sites via the Site, you acknowledge that your user name and location information may be disclosed, and that the information you post then becomes subject to the usage terms and privacy policy of the applicable social media site(s); be sure to check those terms and policies.
  • 2. We may also offer you the ability to sign in to our Site through one or more social networking services. If you do so, any information you supply (or have supplied) to us becomes subject to the privacy policy of that social network/service. We do not control, and are not responsible for, the privacy practices of such networks or services. You should consult the privacy policy of such networks/services.
  • 3. We cannot ensure the security of any information you choose to make public on social media sites. Also, we cannot ensure that parties who have access to such publicly available information will respect your privacy. Please exercise caution when deciding to disclose personal information in these areas. To request removal of your personal information from any blog or community forum we may offer, contact us at [email protected]. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.

THIRD PARTY LINKS AND WEBSITES

This Privacy Policy applies only to the Site and The Cannery Rosebery Services. This Site and emails received from The Cannery Rosebery may contain advertisements for and links to other websites not operated or controlled by The Cannery Rosebery. The policies and procedures we describe here do not apply to any third party sites. The links to third party websites available on this Site or in any emails sent to you by The Cannery Rosebery do not imply that The Cannery Rosebery endorses or has reviewed those third party sites. We suggest contacting those sites directly for information on their privacy policies.

INFORMATION SECURITY

The Cannery Rosebery processes personal data in accordance with the Australian Privacy Principles, and follows generally accepted industry standards to maintain appropriate technical and organizational security measures.

We use reasonable safeguards to help prevent loss, misuse and unauthorized access, disclosure or modification of PII provided to us or collected through the Site. However, because no method of transmitting or storing electronic data on the internet is ever completely secure, we cannot guarantee that such information will never be accessed, used, or released in a manner that is inconsistent with this Privacy Policy.

DATA RETENTION

All personal information collected by The Cannery Rosebery is held securely, whether on The Cannery Rosebery’s physical files, in The Cannery Rosebery’s computer systems or in a database (which may be hosted by The Cannery Rosebery or a third party on The Cannery Rosebery’s behalf). This information is only made available to The Cannery Rosebery staff on a 'need to know' basis and for the purposes outlined above or to other people as outlined in this policy who have agreed to treat that information confidentially. These databases are protected by a firewall as well as host-based security. Your personal information may be transmitted over the internet once it has been stored in a database and may also be transferred across borders to recipients in foreign countries other than Australia and New Zealand, including the United States of America and United Kingdom, and may be stored on servers, using databases or via cloud technology in a number of countries other than Australia and New Zealand, including regions such as the Americas, the European Union and Asia, where doing so is part of The Cannery Rosebery’s ordinary business practices relating to the storage of data and where permitted by law. By providing us with your personal information, you consent to these transfers.

Please note that some data may be further retained if necessary to resolve disputes, enforce Terms of Service and comply with technical and legal requirements and constraints related to the security, integrity and operation of Services.

We will use all reasonable endeavours to keep your personal information in a secure environment. However, this security cannot be guaranteed due to the nature of the Internet. These measures are designed to assist in your personal information not being accessed by unauthorised personnel, lost or misused. If you reasonably believe that there has been unauthorised use or disclosure of your personal information please contact us (see below).

All reasonable steps are taken by us to ensure that your personal information held by us is accurate, complete and up to date. If you believe that any of your personal information is inaccurate, please contact us (see below) and we will take all reasonable steps to correct it within a reasonable timeframe

YOUR RIGHTS

You have the right to access, review, update or correct your personal information in The Cannery Rosebery’s possession. You also have the right to withdraw your consent to processing of personal data at all times, and to request that your personal data are being deleted.

To access, review, update, correct or delete your personal information, and for questions and information about the Privacy Policy and your rights, please contact us via email at [email protected].

We will need sufficient information from you to establish your identity and to verify your access request, and also to assist us in handling your request.

Please note that any information that we have copied may remain in back-up storage for some period of time after your deletion request. This may be the case even though no information about your account remains in our active user databases.

CHANGES TO PRIVACY POLICY

Due to the developing nature of privacy principles for online communication, this Privacy Policy may be modified or expanded in light of new developments or issues that may arise from time to time. The amended policy will be posted to the Site and will operate from the time it is posted.

CONTACT US

If you have any questions, comments or complaints about our Privacy Policy, the practices of the Site, your dealings with Site or how your personal information is collected, stored or used, or the content of your personal information please contact us by email to [email protected]. We will attempt to respond within a reasonable time. If you are not satisfied with our response, you may also contact the Office of the Australian Information Commissioner.

If you make a complaint, we will review the details of the complaint within a reasonable time. We may contact you in the event that we require further information about the complaint. We will then make a decision within a reasonable time. In the event that you are not satisfied with the outcome of the decision, you may further raise this with us or alternatively contact the Office of the Australian Information Commissioner.

GOVERNING LAW

This Privacy Policy is governed by Australian law, including the Privacy Act 1988 (Australia) and the Australian Privacy Principles.