Introduction
FreshData, an initiative of Fresh Markets Australia, is designed to provide market price transparency and data insights for the horticulture industry. FreshData delivers deidentified data and key market trends to support informed decision-making. By accessing and using FreshData, you agree to these Terms of Use, the Data Governance Policy and Framework, and our Privacy Policy. If you do not agree, please discontinue your use of the platform.
1. Purpose and Scope
FreshData provides deidentified data insights and price transparency for key commodities within the horticulture industry. These Terms of Use govern your access to and use of FreshData’s services, including adherence to the FreshData Data Governance Policy and Framework to ensure responsible data handling and security.
2. Acceptance of Terms
By creating an account or using FreshData, you agree to comply with these Terms of Use and our Fresh Markets Australia Privacy Policy, and the FreshData Data Governance Policy and Framework. Continued use of FreshData constitutes your acceptance of these Terms.
3. Data Governance and Security
FreshData operates under a comprehensive Data Governance Policy and Framework that outlines how data is collected, transmitted, managed, and secured. This framework ensures that all data contributors and end users adhere to the following principles:
- Transparency: FreshData ensures that all users are informed about how their data is collected, used, and shared. Significant changes to data policies will be communicated.
- Equitable Data Use: Data is used with an aim to create value for all contributors, and traders retain control over their raw data until it is deidentified and aggregated for insights.
- End User Data Access: End-user access to FreshData is limited to deidentified and aggregated data insights available through the web-based interface or mobile app. Users do not have access to the raw data contributed by trade. Once data is deidentified, FreshData retains the right to use, distribute, and report on the aggregated data for industry analysis and reporting without restrictions from data contributors.
- While data contributors use technical protocols such as a RESTful API for data integration, end users interact only with the deidentified insights provided through the app, without requiring technical integration details.
For more detailed information, please review the [FreshData Data Governance Policy and Framework].
4. Personal Information Collection and Use
FreshData collects personal information to facilitate access to the app, manage subscriptions, and deliver insights. Personal data is securely stored and processed following industry standards and relevant privacy regulations, ensuring compliance with applicable laws.
- Collection: Personal information is collected during account registration, subscription sign-up, or through platform interactions.
- Use: Your personal information will be used to provide access to FreshData, deliver insights, and manage your account.
5. Subscription and Payment
Technical Specifications for Data Integration
FreshData offers free and paid subscriptions. All online payments are processed via Stripe, Apple or Google. By subscribing to a paid plan, you agree to the following:
- Automatic Renewal: Paid subscriptions automatically renew unless cancelled 7 days before the renewal date.
- Payment Information: For paid subscriptions, where credit card details are provided, these are stored by FreshData’s third-party processors such as Stripe, Apple and Google. Storage of these payment details are not managed by FreshData.
- No Refunds: All subscription fees are non-refundable. Once a subscription is processed, it cannot be cancelled for a refund. You may cancel your subscription to prevent automatic renewal, but no refunds will be issued for unused portions of your subscription.
6. User Roles and Responsibilities
As end users, you are responsible for providing accurate account information, securing your login credentials, and complying with applicable laws when using FreshData’s insights. The responsibilities related to data contributions and governance lie with other designated roles, as outlined in the FreshData Data Governance Policy and Framework.
7. Data Processing and Personalisation
FreshData processes personal data to provide relevant insights and a tailored experience. User data is processed for the following purposes:
- To display price trends, comparisons, and other insights.
- To improve service delivery.
- To secure and maintain the platform.
You can control how FreshData personalises your experience by managing your account settings. For further details, see our Privacy Policy.
8. Access, Correction, and Disclosure of Personal Information
End users may access, update, or delete their personal information through their FreshData account settings. Requests for deletion will apply only to personal data, not to deidentified and aggregated data used for insights, which will remain available for analysis and reporting. It is your responsibility to ensure that the information you provide is accurate and up to date. You may
- Access Your Information: View and access the personal information we hold about you at any time by logging into your account.
- Correct Your Information: Update or correct your personal details (such as your name, email address or subscription plans) directly in the account settings.
If you encounter any issues accessing, updating, or deleting your personal information, please contact us for assistance at [email protected].au.
9. User Experience and Access
FreshData is designed to provide a smooth and consistent experience across platforms. Users can access the platform via:
- Web Browsers: Supported on Chrome, Safari, and Edge.
- Mobile Applications: Available for Android and iOS devices.
The user interface and experience are designed to deliver actionable insights via visual charts and comparisons. You are responsible for ensuring that your device meets the minimum system requirements for optimal performance.
10. Use of Market Data and Insights
FreshData offers daily and historical data (when available) market insights, including market prices, price distributions, and trends. Users agree to use this information for personal or business decision-making purposes and not for unauthorised redistribution or resale.
- Limitations on Usage: Data and insights provided by FreshData are for informational purposes only and should not be considered financial or investment advice.
- Accuracy: While FreshData strives to provide accurate and up-to-date information, it does not guarantee the accuracy or completeness of the data, and users assume all risks associated with their use of the data.
11. Limitation of Liability
FreshData is provided ‘as is’ for informational purposes only, intended to support decision-making through insights. While efforts are made to ensure data accuracy, no warranties are given regarding the completeness or reliability of the information. Users assume all risks associated with the use of the platform.
To the fullest extent permitted by law, Fresh Markets Australia disclaims all warranties related to the platform’s performance and data accuracy.
12. Termination
We reserve the right to suspend or terminate access to FreshData if users violate these Terms or misuse the platform’s services. In such cases, all rights to use the platform will cease immediately.
13. Privacy and Security
FreshData ensures secure access to the app through role-based permissions, multi-factor authentication (MFA), and encryption (TLS/SSL). API key authentication and other security measures protect the data at integration points, but end users interact only with secure, aggregated insights.
- Data Access and Permissions – End-user access to FreshData is managed through role-based permissions, ensuring that only authorized users can view the data available to them.
- Data Encryption – End-user data is encrypted both at rest and during transmission using TLS/SSL protocols to maintain confidentiality.
- Secure Transmission – All web-based interactions with FreshData are secured over HTTPS, with API key authentication used to safeguard data exchanges.
- Multi-Factor Authentication (MFA) – End users must use multi-factor authentication for accessing sensitive data, providing an extra layer of protection.
- Privacy Protection – End-user data is protected in accordance with our Privacy Policy, which outlines how we handle personal information and maintain confidentiality.
14. Dispute Resolution
Any disputes arising out of or related to these Terms will be governed by the laws of Australia. You agree to submit disputes to binding arbitration in accordance with Australian law.
15. Amendments
Fresh Markets Australia reserves the right to modify these Terms at any time. Changes will be communicated via email or posted on the FreshData platform. Continued use of FreshData following any changes constitutes acceptance of the revised Terms.
16. Contact Information
For any questions or concerns regarding these Terms of Use, please contact us at:
- Email: [email protected]
- Phone: (07) 3915 4205
- Mail: PO Box 267, Brisbane Markets Qld 4160
Document Number CH07-002
Document Date: 1 November 2024
