Privacy Terms & Conditions

Aglive Group Limited ABN 111 343 670 and its related bodies corporate (referred to as Aglive, we, us or our) have implemented this Privacy Policy to provide users of our website https://www.aglive.com.au/ (Website) and our other services with information about how we collect, hold and use Personal Information you provide to us. If you wish to make any inquiries regarding this Privacy Policy, you should contact our Privacy Officer in any of the ways specified in paragraph 10.

We may, from time to time, review and update this Privacy Policy, including to take into account new laws, regulations, practices and technology. All Personal Information held by us will be governed by our most recent Privacy Policy, posted on our Website.

 

1.What Personal Information do we collect?

1.1 “Personal Information” : is information or an opinion, whether true or not, and whether recorded in a material form or not, about an identified individual or an individual who is reasonably identifiable.

1.2 Personal Information collected may include (but is not limited to) the following:

(a) name, postal and email address;

(b) Australian Business Number;

(c) contact details including telephone numbers (landline and mobile);

(d) your NLIS login details, such as you user ID and password, if you’d like to electronically submit National Vendor Declarations through the Website;

(e) your farm’s location geo reference data;

(f) financed product tags;

(g) livestock EID tags and other information about your livestock;

(h) IMEI (International Mobile Equipment Identity) number;

(i) visual tags; and

(j) information about your primary production inputs and outputs.

 

2. When and why we collect Personal Information

2.1 We collect your Personal Information to allow us to conduct our business functions, to market and sell our products and services and for the specified purposes set out in paragraph 4.1.

2.2 We may collect your Personal Information in the course of providing you with goods or services, or when you:

(a) visit our Website (see paragraph 3);

(b) buy our products or services;

(c) register for or use an account (including if you register for a trial of one of our products) on our Website;

(d) request information about us, our products or our services;

(e) provide feedback;

(f) fill in a form on our Website;

(g) in the course of providing you with goods or services;

(h) or your employer provide that information to us in the course of conducting or administering our relationship with you;

(i) submit a job application to us; or

(j) contact us by telephone, fax, email, post or in person.

2.3 We may also collect Personal Information about you via third parties (ie other organisations or individuals), for example if an individual registers for a product on the Website and nominates you as an additional user.

2.4 If required by food safety and traceability laws and regulations, we may also collect Personal Information about you from industry databases where you provide us with your login details to these databases, for the purposes of synchronising your data with these databases.

2.5 Where we engage with you multiple times over a short period in relation to the same matter, we may not provide you with a separate notice about privacy each time we engage with you.

 

3. Information collected via our Website

3.1 We will not collect any Personal Information about users of our Website except when they knowingly provide it or as otherwise described below.

3.2 Personal information may be collected by us and by our third party service providers who assist us in operating the Website.

 

Google Analytics

3.3 We use Google Analytics to help analyse how you use our Website. Google Analytics generates statistical and other information about website use by means of cookies, which are stored on users’ computers. The information generated is used to create reports about the use of our Website. Google will store this information. We will not (and will not allow any third party to) use Google Analytics to track or to collect any personally identifiable information of visitors to our Website. We will not associate any data gathered from this Website with any personal information from any source as part of our use of Google Analytics.

3.4 If you do not want your Website visit data reported by Google Analytics, you can install the Google Analytics opt-out browser add-on. For more details on installing and uninstalling the add-on, please visit the Google Analytics opt-out page at

https://tools.google.com/dlpage/gaoptout.

 

Click Stream Data

3.5 In common with many websites, when you read, browse or download information from our Website, we or our internet service provider may also collect information such as the date, time and duration of a visit, the pages accessed, the IP address of your computer, and any information downloaded. This information is used for statistical, reporting and website administration, maintenance and improvement purposes only and will not be used to identify you.

 

Cookies

3.6 Like many websites, our Website may use ‘cookies’ from time to time. Cookies are small text files that are transferred to a user’s computer hard drive by a website for the purpose of storing information about a user’s identity, browser type or website visiting patterns. Cookies may be used on our Website to monitor web traffic, for example the time of visit, pages visited and some system information about the type of computer being used. We use this information to enhance the content and services offered on our Website.

3.7 Cookies are sometimes also used to collect information about what pages you visit and the type of software you are using. If you access our Website or click-through an email we send you, a cookie may be downloaded onto your computer’s hard drive.

3.8 Cookies may also be used for other purposes on our Website but in each case none of the information collected can be used to personally identify you.

3.9 You can configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is sent.  Each browser is different, so check the “Help” menu of your browser to learn how to change your cookie preferences.

3.10 If you disable the use of cookies on your web browser or remove or reject specific cookies from our Website or linked sites then you may not be able to gain access to all of the content and facilities in those websites.

 

Web Beacons

3.11 Web beacons are images that originate from a third party site to track visitor activities.  We use web beacons to track the visiting patterns of individuals accessing our Website.

 

Third party content (eg social media links)

3.12 Some of the content on our Website includes applications made available by third parties, such as social media buttons or links that allow you to share content or links to our Website through the relevant third party platforms.  These third party applications themselves may facilitate collection of information by those third parties, through your interaction with the applications and sometimes even if you do not interact directly with them.  We are not responsible for the technical operation of these applications or the collection and use practices of the relevant third parties.  Please visit the relevant third party websites to understand their privacy practices and options they may make available to you in relation to their collection of your Personal Information.

 

4. How we use your Personal Information

4.1 We use the Personal Information we collect about you for our business functions and activities, which may include the following:

(a) to comply with relevant State and Federal law and government regulations;

(b) to assist you in marketing and selling your primary production;

(c) to aid co-sharing of the industry’s aggregated information and data along the value chain for product differentiation;

(d) to allow you to use Aglive’s various tools to assist you in conducting your business;

(e) to facilitate the sale of your livestock to buyers, including buyers located interstate;

(f) to communicate with you and provide you with information, products or services you have requested;

(g) assist customers by providing them with information and support;

(h) to manage and administer any account you may hold with us;

(i) to promote and market our products and services to you or provide you with information that we believe may be of interest to you;

(j) to personalise and customise your experiences on our Website;

(k) to allow us to provide advertising material to you regarding us, our clients, and other business partners; and

(l) share your Personal Information with our related entities, business partners and selected third parties.

4.2 We reserve the right at all times to monitor, review, retain, and/or disclose any information as necessary to satisfy any applicable law, but we have no obligation to monitor the use of the Website or to retain the content of any user session.

4.3 You consent to us using your Personal Information in the above ways.

4.4 We may collect and use your Personal Information for other purposes not listed above. If we do so, we will make it known to you at the time we collect or use your Personal Information.

4.5 We do not otherwise collect, use or disclose your Personal Information without your permission, unless the collection, use or disclosure is:

(a) in accordance with this Privacy Policy or any agreement you enter into with us; or

(b) required or authorised by law, including without limitation the Australian Privacy Principles under the Privacy Act 1988 (Cth).

4.6 If you choose not to provide your Personal Information to us for the purposes set out in this Privacy Policy, you may not be able to access some of the functionality of the Website or Aglive’s other systems, and we may not be able to undertake certain activities for you such as providing you with requested information, products or services. If you do not allow us to collect information on the traceability of the residential location of livestock, this may result in a loss of lifetime traceability status and cause market price reduction for your applicable product(s).

 

5. To whom we disclose your Personal Information

5.1 Aglive may disclose, or provide access to, your personal information to third parties in connection with the purposes described in paragraph 4.1. Depending on the nature of your engagement with us, we may disclose your Personal Information to:

(a) buyers to whom you sell your livestock, including buyers located interstate;

(b) government regulatory agencies and associated organisations, for example:

(i) Meat & Livestock Australia;

(ii) National Livestock Identification System Limited (NLIS) ACN 134 745 038 (which operates the central NLIS Database, on which livestock movements is required to be recorded under law);

(iii) state departments of agriculture such as your State Department of Environment and Primary Industries (DEPI); and

(iv) Australian Quarantine Inspection Services (AQUIS) and similar bodies in other countries; or

(c) third parties that provide products and services to us or through us.

5.2 Aglive may also disclose to third parties, or provide third parties with access to, aggregated information that has been collected and compiled by Aglive. Unless we are acting in compliance with paragraph 5.1, such aggregated information will not enable such third parties to access your Personal Information.

5.3 We may also disclose your Personal Information to our website host or software application providers in certain limited circumstances, for example when our Website experiences a technical problem or to ensure that it operates in an effective and secure manner.

5.4 Some of your Personal Information may be transferred, stored, processed or used overseas by us or by third party service providers. This may happen if our related entities are overseas, if we outsource certain activities overseas or if transactions, information, services or products have an overseas connection. You consent to the collection, use, storage, and processing of your Personal Information outside of Australia.

 

6. Overseas disclosures

6.1 In particular, your Personal Information may be disclosed to third party service providers which may store your Personal Information overseas in such countries in which those parties or their, or our, computer systems may be located from time to time, where it may be used for the purposes described in this Privacy Policy, without us being responsible under the Privacy Act 1988 (Cth) for such use (or for any breach). In these circumstances, you consent to the collection, use, storage and processing of your Personal Information in those countries. Where such parties are located overseas, you may have rights to enforce such parties’ compliance with applicable data protection laws, but you may not have recourse against those parties under the Australian Privacy Act in relation to how those parties treat your personal information.

 

7. Marketing

7.1 You consent to us using your Personal Information for sending you information, including promotional material, about us or our products and services, as well as the products and services of our related entities and third parties, now and in the future. You also consent to us sending you such information by means of direct mail, telemarketing, email, SMS and MMS messages.

7.2 If you do not want to receive marketing information from us or if you want to stop receiving telemarketing, you can do so in any of the following ways:

(a) logging into your account on the Website and editing your email preferences; or

(b) contacting us using the contact details specified in paragraph 10.

7.3 If you provide your consent to receiving direct marketing from third parties and our partners, we will provide them with your Personal Information to enable them to send information and advertising material to you. You can opt out of receiving this material from third parties by using the contact details specified in paragraph 10 if you do not want to receive marketing information from us.\

 

Accessing and updating your Personal Information

8.1 You are entitled to access Personal Information that we hold about you. If you request access to your Personal Information, in ordinary circumstances we will give you full access to your Personal Information. However, there may be some legal or administrative reasons to deny access. If we refuse your request to access your Personal Information, we will provide you with reasons for the refusal where required by law.

8.2 You can access and correct some of your Personal Information through the Website by logging into your account and updating or editing your profile at any time. Alternatively, a request for access can be made by contacting our Privacy Officer in any of the ways specified in paragraph 10.

8.3 We take all reasonable steps to ensure that any Personal Information we collect and use is accurate, complete and up-to-date. To assist us in this, you need to provide true, accurate, current and complete information about yourself as requested, and properly update the information provided to us to keep it true, accurate, current and complete. Please contact us in any of the ways specified in paragraph 10 if you believe that the Personal Information is inaccurate or incomplete, and we will use all reasonable efforts to correct the information.

 

9. Storage and security of Personal Information held by us

9.1 We aim to keep your Personal Information secure. Any Personal Information that is collected via our Website or which is held on our computer systems is protected by safeguards including physical, technical (firewalls, SSL encryption etc) and procedural methods.

9.2 If we find that we have no further need for your Personal Information we may remove it from our systems and destroy all record of it.

 

10. What to do if you have a question, problem or complaint about our use of your Personal Information or this Privacy Policy

10.1 If you:

(a) have a query or concern about this Privacy Policy or our Personal Information handling processes;

(b) wish to make a complaint in relation to a breach of your privacy;

(c) would like to access your Personal Information held by us;

(d) would like to opt out of direct marketing; or

(e) would like to correct your Personal Information held by us,

please contact our Privacy Officer in any of the following ways:

by phone on +61 3 9008 6101;

lodging a service request on the Website; or

by email at adminoffice@aglive.com.au.

10.2 Our system will acknowledge and log the complaint and monitor the response to ensure appropriate resources and timeframes are provided for a prompt resolution. We will investigate your queries and complaints within a reasonable period of time of receiving the complaint and will notify you of the outcome of our investigation.
 
 

End Users Agreement

AGLIVE SOFTWARE END-USER LICENCE AGREEMENT

IMPORTANT: This Licence Agreement (Licence) is a legal agreement between you and Aglive Pty Ltd ABN 32 111 343 670 (Aglive) regarding your use of the Aglive Supply Network Platform (including any accompanying documentation supplied to you) (the Software). Please read the terms of this Licence. By installing and using the Software or pressing “ACCEPT”, you agree to be bound by the terms of this Licence. If you do not agree with the terms of this Licence, you are not entitled to use the Software and you must cease using the Software.

Your use of the Software is governed by the Aglive Privacy Policy [Drafting note: we recommend that this is a hyperlink] and this Licence. To the extent of any inconsistency between any part of this Licence, and the Aglive Privacy Policy, the terms and conditions in this Licence will prevail.

  1. Licence: Subject to the terms of this Licence, Aglive grants you a revocable, non-exclusive, royalty free and non-transferrable licence (without the right to sub-licence) to use the Software for your own personal use (in executable code) as modified or updated from time to time by any patches or maintenance releases.
  2. Subscription: You acknowledge and agree that you will only be entitled to use the Software in accordance with the type of subscription to the Software offered to you by Aglive (Subscription), including any functional restrictions or privilege limitations (or both) imposed on that Subscription and as reasonably notified by Aglive to you from time to time. The type of subscription available to you may be restricted depending on variables such as your participation in your identified industry sector. Full details about your Subscription are available on #[insert website]# and will also be contained in the welcome pack sent to you on registration of your Subscription.
  3. Trial: You may be offered a trial licence to use the Software (Trial). If this Licence is a Trial licence, you will have accessed the Software by selecting the Trial option when choosing your subscription type prior to registering to use the Software.
  4. Additional Trial Licence terms: If this is a Trial Licence, you acknowledge and agree that Aglive may contact you during and after the Trial for the purposes of you providing feedback on the operation and functionality of the Software.
  5. Licence Fee: In consideration of Aglive granting the licence to you, pursuant to this Licence, you must pay Aglive the fees (Licence Fees) in accordance with your applicable Subscription. Licence Fees are paid via our third party payment provider. By pressing “ACCEPT”, you agree that you will be transferred to a payment gateway with a third party provider to process payment of the Licence Fees.
  6. Duration of Licence: Unless your Licence is a Trial, this Licence commences on pressing the ‘ACCEPT’ button, and continues unless terminated in accordance with this Licence. You may terminate your Licence at any time by providing written notice to Aglive, however such termination will be effective on the next anniversary of the date that the Licence commenced. You will be deemed to have terminated your Licence if you fail to pay Aglive the Licence Fee by the due date.

If your Licence is a Trial, this Licence commences on pressing the ‘ACCEPT’ button, and continues for 30 days (Trial Licence Term), unless terminated in accordance with this Licence. On expiry of the Trial Licence Term, any Trial Licence will immediately terminate. You will have the option of registering for a standard Licence at this time.

  1. Restrictions: The Software is protected by Australian copyright laws and international treaties and is the subject of a number of patent applications. You must not distribute copies of the Software to third parties, without the written consent of Aglive. You must not modify, adapt, translate into any language, reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law, notwithstanding this limitation. You must comply with all applicable laws regarding use of the Software and supervise and control the use of the Software in accordance with the terms of this Licence.
  2. Logins: You must not provide details of your logins or passwords (Login) to any other person. You must not allow any other person to use your Login. Aglive accepts no responsibility and will not be liable in relation to the disclosure or loss of your Login.
  3. Further information and support: For further information regarding the Software, you may contact the Aglive help desk via the details set out in #[insert website details]#, during the hours of operation set out on #[insert website details]#. The Aglive help desk will try to assist you with your queries about the operation of the Software and associated products and services. The Aglive help desk does not provide advice or assistance in relation to computer functionality, operating systems, network services or hardware maintenance.
  4. Acknowledgments: You acknowledge and agree that you are solely responsible for obtaining, installing, operating and maintaining all hardware, other equipment and third party software required to use the Software. All computer functionality, operating systems, network services and hardware maintenance are your responsibility. You acknowledge and agree Aglive will not provide any support services to you in respect of the Software, other than the help desk services outlined applicable Subscription details available on #[insert website details]#. You acknowledge and agree Aglive may, from time to time, notify you of minimum hardware, software and connection standards applicable to the Software.
  1. Personal Information: We need to collect personal information about you to assist us: (i) provide you with information and support regarding your use of the Software; (ii) to manage and administer your account; (iii) to facilitate the sale of your livestock to buyers; (iv) to comply with relevant State and Federal law and government regulations; (v) to enable us to continuously improve and further develop the Software; and (vi) to otherwise conducting our business functions and activities. By providing your personal information to us, you agree that it will be used and disclosed by Aglive in accordance with the terms of this Licence and Aglive’s Privacy Policy. You acknowledges receiving and reading a copy of the Privacy Policy, which may be viewed at: #[insert URL for Aglive Privacy Policy]#. If you do not agree, you must not provide your personal information, and you will not be able to register for and use the Software.

We may disclose your personal information to (i) buyers to whom you sell your livestock; (ii) government regulatory agencies and associated organisations, (for example: Meat & Livestock Australia; National Livestock Identification System Limited; state departments of agriculture such as your State Department of Environment and Primary Industries; and Australian Quarantine Inspection Services (AQUIS) and similar bodies in other countries); and (iii) third parties who provide products and services to us or through us in the ordinary operation, administration or promotion of our business (such as our internet and cloud service provider) and otherwise in accordance with our Privacy Policy. From time to time, these third parties may be located (and therefore your personal information may be disclosed) overseas.

Aglive may also disclose industry aggregated information to third parties for product differentiation, which is based on your personal information. However, Aglive will de-identify and anonymise your personal information before disclosing it to other parties for these purposes. We may also use and disclose your personal information for direct marketing purposes, unless you opt out (which you can do at any time in accordance with our Privacy Policy or by writing to adminoffice@aglive.com.au or by selecting the tick box prior to accepting these terms). The Aglive Privacy Policy contains information about how you may access and seek correction of your personal information, how you may complain about a breach of your privacy, and how we will deal with that complaint.

  1. Data: You acknowledge that you are solely responsible for creating an independent offline backup of any of the input and output data processed by the Software. You acknowledge that upon termination of this Licence for any reason, your input or output data processed by the Software may not be retained by Aglive and may be permanently deleted.
  2. Denial of Access: Aglive reserves the right at any time during the term of this Licence to deny you access to the Software where you fail to keep your Logins secure, or in Aglive’s reasonable opinion, you have otherwise breached any part of this Licence.
  3. Termination and expiry: Without prejudice to any other rights, Aglive may terminate this Agreement immediately by notice to you if you breach this Licence and fail to remedy the breach within 14 days of becoming aware of it. Upon termination or expiry of this Licence, you must immediately cease to use the Software and you will be denied access to the Software. This requirement is without prejudice to any other rights and remedies that Aglive may have in respect of a breach.
  4. Intellectual Property Rights: For the purposes of this Licence, the term “Intellectual Property Rights” means all copyright, patents, registered and unregistered design rights, trademarks and service marks and applications for any of the same, together with all trade secrets, know-how, rights to confidentiality and other intellectual and industrial property rights in all parts of the world. You acknowledge that this Licence does not give you ownership of any Intellectual Property Rights whatsoever in the Software. All Intellectual Property Rights in the Software and all components of it (including, but not limited to, any information, photos, text, or other material transmitted, communicated or otherwise provided by Aglive are owned or licensed by Aglive). The Software may display trade marks, logos, service names, trade names of Aglive or third parties which may be registered or otherwise protected by law. You are not permitted to use any trade marks, logos, service names and trade names appearing in the Software.
  5. Confidentiality: You acknowledge that the ideas and expressions contained in the Software and any modifications or particulars of them that may be provided to you by Aglive are confidential (except to the extent that they have entered the public domain other than through a breach of this Licence by you). You undertake not to disclose such confidential information to any person other necessary to enable the Software to be used in accordance with and for the purposes of this Licence. You undertake to ensure that such persons maintain that confidentiality. You undertake not to remove, delete or obscure any copyright notices or confidentiality notices on or in the Software.
  6. No Warranty: Aglive does not and cannot warrant that the Software operates error-free. You should be particularly aware of the fact that calculation errors may occur when using the Software and may be caused by local environmental conditions or incomplete data.

Aglive supplies the Software as a service, and does not and cannot warrant

that the Software will operate continuously. Aglive will not be liable in the event that the Software is unavailable to you due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities or interruption in telecommunication services. Aglive takes no responsibility for errors or failures caused by your environment, network connections, computer systems, software or any acts or omissions of a third party that acts as a service provider or carrier to offer access to the Software to you.

Aglive provides the Software ‘as is and with all faults’, and subject to your rights under the Australian Consumer Law and this paragraph 17, disclaims all other warranties and conditions, whether express, implied or statutory, including, but not limited to any (if any) implied warranties, duties or conditions of satisfactory quality, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of reasonable care and skill, all with regard to the Software and associated documentation, and the provision of or failure to provide support or other services, information, software, and related content through the Software or otherwise arising out of the use of the Software.

You acknowledge that a failure of any part or the whole of the Software to suit your requirements will not give rise to any right or claim by you against Aglive.

Nothing in this Licence excludes, restricts or modifies any consumer guarantee, right or remedy conferred on a party by the Australian Consumer Law or any other applicable law that cannot be excluded, restricted or modified by agreement. To the fullest extent permitted by law, the liability of Aglive for a breach of a non-excludable guarantee referred to in this paragraph 17 is limited, at the Aglive’s option, to:

(a) in the case of goods, any one or more of the following: the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the costs of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired; or

(b) in the case of services: the supplying of the services again; or the payment of the cost of having the services supplied again.

  1. Limitation of liability: You confirm that you have not relied on any representation, description, illustration or specification which is not expressly stated in this Licence. Unless this Licence expressly provides otherwise, to the maximum extent permitted by law, all express and implied conditions, warranties or liabilities (including liability as to negligence) regarding the condition, accuracy, suitability, quality or title to the Software are negated and excluded. Aglive gives no condition, warranty, undertaking or representation in relation to the condition, accuracy, suitability, quality of or title to the Software (including any data contained in or supplied in relation to it or reports generated or produced by or with the aid of the Software).

Aglive will not be liable for any indirect, incidental, consequential loss or damage whatsoever, in each case, arising out of the use of or in ability to use the Software, even if Aglive has been advised of the possibility of such loss or damage. Aglive will not be liable for any inability to access, loss of or corruption of data, loss of business, loss of profits, loss of revenue and anticipated savings, business interruption or the like (whether such loss or damage is direct or indirect).

Aglive’s liability to you for any proven loss or damage suffered by you for any other proven loss and damage is limited for an aggregate of all claims to the amounts paid by you to Aglive in relation to this Licence Fees paid by you in the 12 months prior to your then current claim.

  1. Indemnity: You will fully indemnify and keep indemnified Aglive and any Aglive employees in respect of all loss, damage, liabilities, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, actions claims, demands and proceedings howsoever arising, whether at common law or statute, in connection with any of the following: (a) any breach of this Licence by you; (b) your use of the Software other than in accordance with this Agreement; and (c) your communications with Aglive. You agree to give full cooperation and provide Aglive with reasonable assistance in conducting the defence of such a claim.
  2. General: The law applicable to this Licence and to disputes arising out of this Licence is the law of the State of Victoria, Australia. The parties irrevocably submit to the exclusive jurisdiction of the courts of Victoria, Australia, and any courts of appeal from them in respect of all matters arising out of or relating to this Licence, its performance or subject matter.

Should any paragraph or part thereof of this Licence be found to be void, unenforceable or invalid, then it is severed from this Licence, leaving the remainder in full force and effect, provided that the severance has not altered the basic nature of this Licence.

You may not rely on the words or conduct of Aglive as a waiver of any right unless the waiver is in writing.

This Licence represents the entire agreement between you and Aglive concerning the subject matter of this Licence and it supersedes any prior proposal, representation, or understanding between the parties.