Connected Farms Limited is committed to providing quality services to you and this policy outlines our ongoing obligations to you in respect of how we manage your Personal Information.
We have adopted the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (the Privacy Act). The NPPs govern the way in which we collect, use, disclose, store, secure and dispose of your Personal Information.
A copy of the Australian Privacy Principles may be obtained from the website of The Office of the Australian Information Commissioner at www.aoic.gov.au
What is Personal Information and why do we collect it?
Personal Information is information or an opinion that identifies an individual. Examples of Personal Information we collect include: names, addresses, email addresses, phone and facsimile numbers.
This Personal Information is obtained in many ways including interviews, correspondence, by telephone and facsimile, by email, via our website www.connectedfarms.com.au, from your website, from media and publications, from other publicly available sources, from cookies and from third parties. We don’t guarantee website links or policy of authorised third parties.
We collect your Personal Information for the primary purpose of providing our services to you, providing information to our clients and marketing. We may also use your Personal Information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure. You may unsubscribe from our mailing/marketing lists at any time by contacting us in writing.
When we collect Personal Information we will, where appropriate and where possible, explain to you why we are collecting the information and how we plan to use it.
Sensitive information is defined in the Privacy Act to include information or opinion about such things as an individual’s racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other
professional body, criminal record or health information.
Sensitive information will be used by us only:
- For the primary purpose for which it was obtained
- For a secondary purpose that is directly related to the primary purpose
- With your consent; or where required or authorised by law.
Where reasonable and practicable to do so, we will collect your Personal Information only from you. However, in some circumstances we may be provided with information by third parties. In such a case we will take reasonable steps to ensure that you are made aware of the information provided to us by the third party.
Disclosure of Personal Information
Your Personal Information may be disclosed in a number of circumstances including the following:
- Third parties where you consent to the use or disclosure; and
- Where required or authorised by law.
Security of Personal Information
Your Personal Information is stored in a manner that reasonably protects it from misuse and loss and from unauthorized access, modification or disclosure.
When your Personal Information is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your Personal Information. However, most of the Personal Information is or will be stored in client files which will be kept by us for a minimum of 7 years.
Access to your Personal Information
You may access the Personal Information we hold about you and to update and/or correct it, subject to certain exceptions. If you wish to access your Personal Information, please contact us in writing.
Connected Farms Limited will not charge any fee for your access request, but may charge an administrative fee for providing a copy of your Personal Information.
In order to protect your Personal Information we may require identification from you before releasing the requested information.
Maintaining the Quality of your Personal Information
It is an important to us that your Personal Information is up to date. We will take reasonable steps to make sure that your Personal Information is accurate, complete and up-to-date. If you find that the information we have is not up to date or is inaccurate, please advise us as soon as practicable so we can update our records and ensure we can continue to provide quality services to you.
This Policy may change from time to time and is available on our website.
Connected Farms Limited
NZBN 94 29 049 253 580
1242 Mt Nessing Road, Albury, 7984 New Zealand
0800 123 669
Reviewed by Tom Andrews September 2021
Fair Use Policy
Retail Acceptable Use Policy V. 1 New Zealand
This acceptable use policy (the “Policy”) defines acceptable practices for the use of Connected Farmsservices by customers of Connected Farms and by users that have gained access to such services through these customers. The Policy is incorporated by reference into all agreements for the supply of satellite broadband (each an “Agreement”), and any between Connected Farms and its customers. Connected Farms reserves the right to update the Policy from time to time and will maintain the latest copy of the Policy on Connected Farms’ website at www.connectedfarms.nz The Policy is designed to assist in protecting the Connected Farms Network, the Service, Users, and the Internet community as a whole from improper and illegal activity over the Internet, to improve the Service and other offerings.
For purposes of the Policy, the following are defined terms:
“Connected Farms” shall mean Connected Farms Ltd or any of its affiliates and may also be referred to herein as “we” or “us”.
“Connected Farms Network” shall mean Connected Farms’ satellite internet service and related equipment, systems, facilities, and other services used in the transmission of the Service.
“Customer” shall mean Connected Farms’ customers who have executed an Agreement with us and may also be referred to herein as “you”.
“Service” shall mean the internet service provided by Connected Farms to Customer.
- Agreement to Policy
By using the Service, you acknowledge and agree that you and your Users are responsible for compliance with the Policy. You are responsible for violations of the Policy by any User that accesses the Service through your account. You also agree to fully cooperate with Connected Farms in any investigation regarding violation of the Policy by a User. 4. Connected Farms’ Rights under the Policy
4.1 Suspension or Termination of Service. Connected Farms reserves the right to suspend or terminate a Customer’s s access to the Service, upon written notice given to you, if you engage in conduct that violates a provision of the Policy, and such conduct is not corrected within the time frame specified in the written notice.. Connected Farms does not make any promise, nor have any obligation, to monitor the activity of individual Customers and will have no liability to any party, for any violation of the Policy by Customers
4.2 Cooperation with Law Enforcement. Connected Farms will cooperate with appropriate law enforcement agencies involved in investigating claims of illegal or inappropriate activity. Connected Farms reserves the right to disclose Customer information to the extent required by law. By using and accepting the Service, you consent to our disclosure to any law enforcement agency, as required by such agency and without the need for a subpoena, of your identity as the service provider of record (including basic contact information), and for any User about whom Connected Farms is contacted by the law enforcement agency.
- Prohibited Uses
Uses of the Service that will constitute violations of the Policy include:
5.1 Illegal Activity. The Service shall not be used for any unlawful activities and shall, in all cases, be used in compliance with applicable law. Use of the Service or Connected Farms Network for transmission, distribution, retrieval, or storage of any information, data, or other material in violation of any applicable law or regulation (including, where applicable, any tariff or treaty) is prohibited. This includes, without limitation, the use or transmission of any data or material protected by copyright, trademark, trade secret, patent or other intellectual property right without proper authorization and the transmission of any material that constitutes an illegal threat, violates export control laws or is obscene, defamatory or otherwise unlawful.
5.2 Unauthorized Access/Interference. A Customer may not attempt to gain unauthorized access to or attempt to interfere with or compromise the normal functioning, operation or security of, any portion of the Connected Farms Network. the ability of others to access or use the Service or the Internet.
5.3 Unsolicited Commercial Email/Spamming/Mailbombing. A User may not use the Service to transmit unsolicited commercial email messages or deliberately send excessively large attachments to one recipient. Spamming or “mailbombing” is prohibited. Likewise, a User may not use the Service to collect responses from mass unsolicited email messages. Connected Farms may, in its sole discretion, rely upon information obtained from anti-spamming organizations as evidence that a User is an active “spam operator” for purposes of taking remedial action under the Policy.
5.4 Spoofing/Fraud. Users are prohibited from injecting false data into the Internet, for instance, in the form of bad routing information (including but not limited to the announcing of networks owned by someone else or reserved by the Internet Corporation for Assigned Names and Numbers) or incorrect DNS information. A User may not attempt to send email messages or transmit any electronic communications using a name or address of someone other than the User for purposes of deception. Any attempt to impersonate someone else by altering a source IP address information or by using forged headers or other identifying information is prohibited. Any attempt to fraudulently conceal, forge or otherwise falsify a User’s identity in connection with the use of the Service is prohibited.
5.5 Inbound Complaints. Where Connected Farms receives complaints directly from Internet users and other parties, Connected Farms shall not be required to determine the validity of complaints received, or of information obtained from anti-spamming organizations, but shall notify Customer of the complaint and provide a reasonable period of time, given the nature of the complaint, for Customer to resolve the complaint with the User before taking action under the Policy.
5.6 Other Prohibited Activities. The following activities will also constitute violations of the Policy and may result in suspension or termination of the Customer’s s access to the Service.
5.6.1 Intentionally transmitting files containing a computer virus or corrupted data.
5.6.2 Attempting to circumvent or alter the processes or procedures to measure time, bandwidth utilization, or other methods to document the use of the Service.
5.6.3 Advertising, transmitting, or otherwise making available any software, program, product, or Service that is designed to violate the Policy, which includes the facilitation of the means to deliver unsolicited commercial email. 5.6.4 Any activity that disrupts degrades, harms, or threatens to harm the Connected Farms Network or the Service.
5.6.5 Any use of another party’s electronic mail server to relay email without express permission from such other party. 5.6.6 Any other inappropriate activity or abuse of the Service (as determined by Connected Farms in our sole discretion), whether or not explicitly listed in the Policy.
5.6.7 Any use of the Service for military purposes, unless such use is pre-approved in writing by Connected Farms.
5.6.8 Any use of the Service that includes transmitting radio waves from Japan and its territorial waters and airspace.
- Fair Usage Policy
All Customers shall be able to access our services and get the best possible experience. To ensure the provision of high quality of service, a Fair Usage Policy (“FUP”) applies to Connected Farms’ services. We have developed this FUP by reference to average customer user profiles and use of our service. .
6.1. Bandwidth allocated to Customers is reviewed as required, but at any time, there is only a fixed amount of bandwidth available within the Connected Farms network. This FUP aims to ensure that the unreasonable usage of a few does not compromise the experience of the vast majority of Users.
6.2. We reserve the right to modify (through speed and other variables) the behaviour of Customers that frequently use significantly more data than the majority of the other Users and/or use their Internet service in a way that negatively affects the experience of other Users. If Users are found to be consistently amongst the 10% heaviest Users, and their usage negatively impacts the Connected Farms Network and other Users’ experience which Connected Farms considers to be meaningful (“Heavy Users”), Connected Farms may take steps to ensure a suitable solution. The possible steps include pooling the Heavy Users together, communicating with the Customer to find a suitable solution for all parties involved (such as requesting the Customer and / or the Heavy Users to modify their usage), and / or exercising its rights outlined in this FUP.
6.3. Connected Farms may issue a warning to a Customer to suspend a service under this FUP, wherein Connected Farms’s reasonable opinion the Customer ’s use of our services is excessive and/or unreasonable by materially exceeding estimated usage patterns over any month.
6.4. Where reasonable and practical, Connected Farms will provide the Customer with 7 days’ notice before the suspension, restriction, or termination of a User’s service.
6.5. If, after we have requested the Customer to stop or alter the usage to come within our FUP, the Customer’s excessive or unreasonable use continues, we may without further notice, suspend, modify or restrict the Customer’s use of our services or withdraw the Customer’s access to the services. If we terminate the Customer’s services under a fixed contract term, an early termination fee may apply per the terms of the relevant service contract applicable to that Customer’s service.
The Connected Farms plans are subject to a prioritization policy as follows:
Base Farm Plan
The plan provides a maximum download speed of 12Mbps and a maximum upload speed of 10Mbps. The plan does not throttle these maximum possible speeds but provides two tiers of access priority to bandwidth resources. The plan provides 60Gbytes of first priority download data every month and unlimited second priority download data, subject to this FUP. The plan provides first priority upload data at all times, subject to this FUP.
Professional Farm Plan
The plan provides a maximum download speed of 30Mbps and a maximum upload speed of 10Mbps. The plan does not throttle these maximum possible speeds but provides two tiers of access priority to bandwidth resources. The plan provides 100Gbytes of first priority download data every month and unlimited second priority download data, subject to this FUP. The plan provides first priority upload data at all times, subject to this FUP.
Corporate Farm Plan:
The plan provides a maximum download speed of 55Mbps and a maximum upload speed of 20Mbps. The plan does not throttle these maximum possible speeds but provides two tiers of access priority to bandwidth resources. The plan provides 250Gbytes of first priority download data every month and unlimited second priority download data, subject to this FUP. The plan provides first priority upload data at all times, subject to this FUP.
The plan provides a maximum download speed of 70Mbps and a maximum upload speed of 20Mbps. The plan does not throttle these maximum possible speeds but provides two tiers of access priority to bandwidth resources.
The plan provides 1000Gbytes of first priority download data every month and unlimited second priority download data, subject to this FUP. The plan provides first priority upload data at all times, subject to this FUP.
6.6. Customers acknowledge that Connected farms or its upstream suppliers ds not and cannot in any way supervise, edit or control the content and form of any information or data accessed through the Internet.Connected Farms shall not be held responsible in any way for any content or information accessed via the Connected Farms Service. Furthermore, Connected Farms disclaims all or any responsibility or liability for any material on the Internet that you may find offensive, upsetting, defamatory, and personally offensive and in any way unsuitable for minors.
6.7. Some internet sites may have embedded within them the ability to program your PC, WIFI device, tablet, or mobile phone without the Users’ knowledge or direction. Customers are liable for any charges arising from such actions by third parties, and Connected Farms accepts no liability for any charges and/or damages the Customer may incur by using the Internet. Service 6.8. Customers are not permitted to operate servers from the Service, andCustomers are not permitted to on-sell this
6.9. Customers are not permitted to send spam or bulk mail using the Service and Connected Farms reserves the right to charge the Customer sending them any costs that are required to rectify the result of such activity by the Customer. 6.10. Connected Farms reserve the right to manage the network to improve the overall performance and customer experience. In particular, Connected Farms may act such that the usage of popular services such as standard web browsing and email is not adversely affected by other applications such as peer to peer or file sharing.
6.11. The Customer’s use of our Service is subject to traffic prioritization by Connected Farms or any upstream supplier to Connected Farms, where the allocation of bandwidth resources is necessary to minimize congestion. 6.12. Connected Farms uses Quality of Service (QoS) configurations within its network and, at its sole discretion, to priorities specific types of internet traffic over others to enhance the overall user experience. These maximum speeds are not guaranteed, and the probability of obtaining such speed depends on the level of priority of each User and instantaneous traffic loading factors.
6.13. Connected Farms reserves the right at any time and at its sole discretion and on 30 days’ prior notice, to change, modify, edit, replace or withdraw any or all of this FUP.
6.14. This FUP does not replace any of the terms, conditions, or obligations under any Agreement. In the event of any inconsistency between the terms of this FUP and an Agreement, then the terms of the Agreement shall prevail.
- Complaints and Contact Information
Any complaints or notifications regarding prohibited use or other abuse of the Connected Farms Network, including violations of the Policy, should be sent to Connected Farms by email at firstname.lastname@example.org . Please include all applicable information that will assist Connected Farms in investigating the complaint, including all applicable headers of forwarded messages.
Connected Farms reserves the right to at any time and at its sole discretion and without any prior notice, change, modify, edit, replace, or withdraw any or all of this Acceptable Use Policy.
Connected Farms Limited
NZBN 94 29 049 253 580
1242 Mt Nessing Road, Albury, 7984 New Zealand
0800 123 669
Reviewed by Tom Andrews, CEO, Connected Farms Limited. September 2021