2 COLLECTION OF PERSONAL INFORMATION
2.1 The Business may collect and use the following kinds of information:
(a) information about your use of the Website or Services (including your IP address; browser type; version and language; operating system; pages viewed while browsing the Website or Services; page and content access times; “cookies”; purchase history; and referring website address);
(b) information about your personal details (including name; date of birth; phone contact details; address information; email; and payment information); and
(c) information about your health (which include but not limited to allergies, medical conditions).
2.2 Information about your personal information may be collected from you in a variety of ways, including, but not limited to:
(a) when you register for the Website and Services;
(b) when you interact with the Business electronically or in person;
(c) when you access the Business’s Website, systems or Services; and
(d) when the Business provides products and/or Services to you.
3 USE AND DISCLOSURE OF PERSONAL INFORMATION
3.1 The Business may use your personal information in relation to its business, including but not limited to:
(a) enable you access to the Website or the Services;
(b) track usage and measure traffic statistics of the Website;
(c) supply to you the products and/or Services that you purchase or request as a customer;
(d) receive and/or access information from third party providers for the provision of our products and/or Services to you;
(e) contact you regarding your use of the products and/or Services offered by the Business;
(f) contact you in relation to comments, complaints, enquiries or dispute resolution;
(g) collect payments from you;
(h) to improve our goods and services;
(i) to verify your identity, address and age;
(j) to address any issues or complaints that we or you have regarding our relationship;
(k) communicate with third party providers or associate parties with respect to the provision of the Services; and
(l) send you marketing communications.
3.2 The Business will not disclose personal information about you, unless it is required, incidental or otherwise related to the primary purpose of providing the Services to you or a third party for which you have consented to by engaging the Business’s Services or by using the Business’s Services. However, the Business may disclose your personal information to its business partners who can assist them to provide Services to you as a customer or to maintain its products or systems. This includes but is not limited to providing personal information to:
(a) our employees and related bodies corporate;
(b) our contractors and other third parties that provide goods and services to us (including website and data hosting providers, and other suppliers);
(c) our accountants, insurers, lawyers, health professionals, auditors and other professional advisers and agents
(d) payment system operators;
(e) any third parties to whom you have directed or permitted us to disclose your personal information (e.g., referees or ID verifiers);
(f) in the event that we or our assets may be acquired or considered for acquisition by a third party, that third party and its advisors;
(g) third parties that require the information for law enforcement or to prevent a serious threat to public safety; and
(h) otherwise as permitted or required by law.
3.3 The Business, in its sole discretion, may disclose your personal information if it is required to do so by law or legal process, including:
(a) in order to establish, exercise or defend its legal rights (including but not limited to debt recovery, credit rating services, and employment related matters);
(b) as required or authorised by law; or
(c) to the extent required to permit the Business to investigate suspected fraud, harassment or other violations of any law, rule or regulation, our terms and conditions, our policies, or the rights of third parties or any other suspected conduct the Business deem improper.
3.4 The Business may also use your personal information to protect the copyright, trademarks, or other intellectual property or legal rights, property or safety of the Business, the Website, and its customers or third parties.
3.5 If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser under an agreement to maintain confidentiality. The Business uses reasonable effort to only disclose personal information in good faith and where required by any of the above circumstances.
4 SECURITY AND ACCURACY
4.1 It is important that you advise the Business of changes to your personal information that you have provided to the Business as it is essential that your personal information is accurate, complete, and up-to-date in order for the Business to provide the Services to you.
4.2 The Business will take commercially reasonable steps to protect your personal information from misuse, loss, unauthorised access, modification and disclosure. However, the Business is not liable for any unauthorised access to this information.
4.3 The Business will take commercially reasonable steps to destroy or permanently de-identify personal information if it is no longer needed for the purposes of providing our Services to you and where the Business is not required to retain that information by law.
5 ACCESS AND CORRECTION
5.1 You are responsible to ensure that the information you provide to the Business is accurate, complete and up-to-date.
5.2 By request, you may contact the Business and ask to know what sort of personal information is held about you, for what purposes, and how it is collected, held, used and disclosed.
5.3 By request, you may access your personal information by contacting the Business at firstname.lastname@example.org. The Business reserves the right to charge a reasonable administration fee for this access.
5.4 The Business in its sole discretion, may consider that there is a sound reason under the Privacy Act, Freedom of Information Act or other relevant law to withhold personal information, or not make the requested changes.
6 IDENTIFIERS AND ANONYMITY
6.1 You acknowledge that the Business retains, collects and maintains your personal information for statistical analysis purposes (whether for commercial or non-commercial purposes). You agree that the Business may share, distribute and/or transfer information which you have provided to the Business to third parties, after that information has been de-identified.
7 SENSITIVE INFORMATION
7.1 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.
7.2 Sensitive information will be used by the Business only:
(a) for the primary purpose for which it was obtained;
(b) for a secondary purpose that is directly related to the primary purpose;
(c) with your consent; or
(d) where required or authorised by law.
8 TRANS-BORDER DATA FLOWS
8.1 The Business may use cloud services, and as such, its servers may be located in Australia or overseas and you acknowledge, agree and understand that your personal information may be transferred and stored in Australia and other foreign jurisdictions which the cloud services may direct the data to be stored. You agree for us to transfer your information into foreign jurisdictions for the purposes of providing you with the Services.
8.2 In addition to the above, the Business will transfer personal information to someone who is in a foreign country where:
(a) the Business reasonably believes that the recipient of the information is subject to a law, binding scheme or contract which effectively upholds principles for fair handling of the information that are substantially similar to the Australian Privacy Principles;
(b) the individual consents to the transfer;
(c) the transfer is necessary for the performance of a contract between you and the Business, or for the implementation of pre-contractual measures taken in response to your request;
(d) the transfer is necessary for the conclusion or performance of a contract concluded in your interest between the Business and a third party;
(e) all of the following apply:
(i) the transfer is for your benefit;
(ii) it is impracticable to obtain your consent to that transfer; and
(iii) if it were practicable to obtain such consent, you would be likely to give it; or
(f) the Business has taken reasonable steps to ensure that the information which it has transferred will not be held, used or disclosed by the recipient of the information inconsistently with the Australian Privacy Principles.
9.2 A complaint should identify whether it is about:
(a) the collection of personal information;
(b) the use of personal information;
(c) the disclosure of personal information;
(d) the security or storage of personal information;
(e) the accuracy of personal information;
(f) a refusal to give access to or provide about their personal information; or
(g) a refusal to change or delete personal information.
9.3 The Business values your opinions and takes complaints very seriously. Upon receiving written notice of your complaint about privacy, the Business will respond in a timely manner to advise you of the outcome following its enquiring into the same. You will also be invited to respond to its outcome. If a response is received, the Business will assess your response and advise if it has changed its view. If you are unsatisfied with the final outcome, the Business will advise further options including, if appropriate, making a complaint with the Office of the Australian Information Commissioner.
10 OPTING-OUT OF DIRECT MARKETING
10.1 The Business aims to give you a highly personalised experience when using the Website and the Services. In order to do so, the Business may use your personal information to send you advertisements to your email address. If you decide you do not want to receive these emails containing advertisements, you can request to unsubscribe from the mailing list by clicking ‘Unsubscribe’ at the bottom of the email.
(a) store details about your use of the Website to provide you with a personalised experience tailored to you, for example remembering your preferences and greeting you by name;
(b) analyse Website traffic, trends and reporting statistics to improve the Website and Services;
(c) provide you with targeted marketing communications; and
(d) provide you with relevant advertisements when you visit the Website through third party services, such as Google Ads.
12 THIRD PARTY SITES
12.1 The Website may from time to time have links to other websites not owned or controlled by the Business. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that the Business is not responsible for the privacy practises of other such websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personal identifiable information.
13.2 Governing Law & Jurisdiction
14.3 This policy was last modified on [25th May 2021].