Modified 5 July 2018
Our privacy obligations
OrchardForex.com (“Orchard”) is governed by the Australian Privacy Principles (APPs) under the Privacy Act 1988 (Cth). The APPs regulate how personal information is handled by OrchardForex.com.
‘Personal information’ means information or an opinion about an identified individual, or an individual who is reasonably identifiable. Orchard’s Privacy Policy applies to personal information collected and/or held by Orchard.
This Privacy Policy also explains how we process ‘personal data’ about people in the European Union (EU), as required under the General Data Protection Regulation (GDPR).
We will review this policy regularly, and we may update it from time to time.
The types of personal information we collect and hold
We collect personal information about our users in order provide our products, services, and customer support. Our products, services, and customer support may be provided through many platforms including but not limited to: websites, phone apps and email. The specific platform and product, service, or support you interact with may affect the personal data we collect.
Not all information requested, collected, and processed by us is “Personal Information” as it does not identify you as a specific natural person. This will include majority of “User Generated Content” that you provide us with the intention of sharing with other users including feedback and comments. Such “Non-Personal Information” is not covered by this privacy policy. However, as non-personal information may be used in aggregate or be linked with existing personal information; when in this form it will be treated as personal information. As such, this privacy policy will list both types of information for the sake of transparency.
In some situation users may provide us with personal information without us asking for it, or through means not intended for the collection of particular types of information. Whilst we may take reasonable steps to protect this data, the user will have bypassed our systems, processes, and control and thus the information provided will not be governed by this privacy policy.
In some situations users may provide us personal information over platforms that are outside our control; for example through social media or forums. Whilst any information collected by us is governed by this Privacy Policy, the platform by which it was communicated will be governed by its own Privacy Policy.
How we collect personal information
Information that you specifically give us
While you use our products and services you may be asked to provide certain types of personal information. This might happen through our website, applications, online chat systems, telephone, paper forms, or in-person meetings.
Information we collect as you use our service
We maintain records of the interactions we have with our users, including the products, services and customer support we have provided. This includes the interactions our users have with our platform such as when a user has viewed a page or clicked a button.
For our customers we request certain personal information in order to create a customer account and to link products, both purchased and supplied at no charge, to that account. In the case of licenced products we must maintain the customer account for the purposes of verifying the licence and purchased product.
When we are contacted we may collect personal information that is intrinsic to the communication. For example, if we are contacted via email, we will collect the email address used.
We may collect or process the following information:
- Metadata – IP address, computer and connection information, referring web page, standard web log information, language settings, timezone, etc.
- Device Information – device identifier, device type, device plugins, hardware capabilities, etc.
- Location – GPS position.
- Actions – pages viewed, buttons clicked, time spent viewing, search keywords, etc.
Links to other sites
On our website, you will encounter links to third party websites. These links may be from us, or they may appear as content generated by other users. These linked sites are not under our control and thus we are not responsible for their actions. Before providing your personal information via any other website, we advise you to examine the terms and conditions of using that website and its privacy policy.
How we use personal information
The information we request, collect, and process is primarily used to provide users with the product or service they have requested. More specifically, we may use your personal information for the following purposes:
- to provide the service or product you have requested;
- to verify product licences and manage any rights and restrictions applicable to those licences;
- to facilitate the creation of a User Account;
- to provide technical or other support to you;
- to answer enquiries about our services, or to respond to a complaint;
- to advise of updates or relevant information regarding products already purchased;
- to promote our other programs, products or services which may be of interest to you (unless you have opted out from such communications);
- to allow for debugging, testing and otherwise operate our platforms;
- to conduct data analysis, research and otherwise build and improve our platforms;
- to comply with legal and regulatory obligations;
- if otherwise permitted or required by law; or
- for other purposes with your consent, unless you withdraw your consent for these purposes.
The ‘lawful processing’ grounds on which we will use personal information about our users are (but are not limited to):
- when a user has given consent;
- when necessary for the performance of a contract to which the user is party;
- processing is necessary for compliance with our legal obligations;
- processing is necessary in order to protect the vital interests of our users or of another natural person.
- processing is done in pursuing our legitimate interests, where these interests do not infringe on the rights of our users.
When we disclose personal information
Our third party service providers
The personal information of users may be held or processed on our behalf outside Australia, including ‘in the cloud’, by our third party service providers. Our third party service providers are bound by contract to only use your personal information on our behalf, under our instructions.
Our third party service providers include:
- Cloud hosting, storage, networking and related providers
- SMS providers
- Payment and banking providers
- Marketing and analytics providers
- Security providers
Other disclosures and transfers
We may also disclose your personal information to third parties for the following purposes:
- if necessary to provide the service or product you have requested;
- we receive court orders, subpoenas or other requests for information by law enforcement;
- if otherwise permitted or required by law; or
- for other purposes with your consent.
Accessing, correcting, or downloading your personal information
You have the right to request access to the personal information Orchard holds about you. Unless an exception applies, we must allow you to see the personal information we hold about you, within a reasonable time period, and without unreasonable expense for no charge. Most personal information can be accessed by logging into your account. If you wish to access information that is not accessible through the platform, or wish to download all personal information we hold on you in a portable data format, please contact us using our contact forms.
You also have the right to request the correction of the personal information we hold about you. All your personal information can be updated through the user settings pages. If you require assistance please contact us using our contact forms.
Exercising your other rights
You have a number of other rights in relation to the personal data Orchard holds about you, however, there may be restrictions on how you may exercise the rights. This is largely due to the nature of the products and services we provide. Much of the data we collect is in order to maintain your customer account which is required to validate licences on your purchased products or services. Data collected for these purposes is protected from the rights below:
You have the right to:
- opt-out of direct marketing, and profiling for marketing
- erasure
- temporary restriction of processing.
Direct marketing and profiling – users can opt out of any communication other than:
- Product information updates for products already purchased. This communication may include updates on product use, advice of new versions or other information regarding already purchased products.
- Advice of potential breaches of licencing for your purchased products
- Advice of updates to our privacy policies and terms of use
- Other information specific to the operation of your account with us
Erasure – Most personal information and user generated content cannot be deleted as they are used to support contracts between users, document financial transactions, and are used in providing protecting other legitimate users of the marketplace. In the case of non-personal data that can be linked with personal data, it will either be erased or otherwise anonymised from the personal data.
Temporary restriction to processing – under certain circumstances you may exercise this right, in particular if you believe that the personal data we have is not accurate, or you believe that we do not have legitimate grounds for processing your information. In either case you may exercise this right by contacting us using our contact forms.
Unless stated above, users may exercise any of the above rights by using the contact form on our website.
While we endeavour to resolve complaints quickly and informally, if you wish to proceed to a formal privacy complaint, we request that you make your complaint in writing to our Privacy Officer by email at [email protected]. We will acknowledge your formal complaint within 10 working days of receipt.