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Privacy Policy

1 Definitions

1.1 Unless otherwise specified, the definitions used in this Privacy Policy are the same as the definitions used in the Terms of Use Agreement.

1.2 This Privacy Policy forms part of the Terms of Use Agreement.

2 Application of Privacy Policy

2.1 We are bound by the Australian Privacy Principles (“APP”) of the Privacy Act 1988 (Cth), as amended from time to time (“Privacy Act”), and are committed to safeguarding any and all of your Personal Information that we may hold from time to time in accordance with those principles. The APP requires us to provide you with a clearly expressed and up to date Privacy Policy about the management of Personal Information collected by us.

2.2 This Privacy Policy (“Policy”) applies to our collection and disclosure of your Personal Information when you use the Website, whether or not you are a registered user, customer or visitor. We collect certain information which may identify you (“Personal Information”) from you when you place an order to purchase products from our Website (“Purchase Order”) or when you register for an Account. The Personal Information we collect includes, but is not limited to:

(a) name;

(b) email address;

(c) postal address;

(d) telephone number; and

(e) credit card or PayPal account details.

2.3 This Policy is intended to describe what information we collect, how we use it, and under what circumstances, if any, we disclose it. Please read this policy before using the Website or submitting any Personal Information. By using the Website, you are accepting the practices described in this Policy.

2.4 For the purpose of this Policy, the term Personal Information, in addition to that which is defined in the Terms & Conditions, includes personal information obtained from an individual or third party which, under and in accordance with the Privacy Act may lawfully be exchanged.

2.5 We will not disclose your Personal Information collected about you otherwise than:

(a) for a purpose set out in this Policy; or

(b) for a purpose you would reasonably expect, including to fulfil any Purchase Order; or

(c) for a purpose required or permitted by law; or

(d) for a purpose otherwise disclosed to or permitted by you.

2.6 In respect of particular services that we may offer or provide to you, we may make other privacy disclosures to you or seek your authority to use your Personal Information in ways which are different from, or more specific than those stated in this Policy.

2.7 In the event of any inconsistency between the provisions of this Policy and those other disclosures, the other disclosures will prevail.

2.8 This Policy applies to our Website only. The Website may contain links to third party products or websites (such as payment sites like PayPal, or shipping sites like Australia Post) that are not owned or controlled by us. We disclaim (and you agree to indemnify us against) any loss or damage resulting from a third party’s use of your Personal Information contrary to this Policy. If you access links to other third party websites, please review the privacy policies, if any, posted at those websites prior to transmitting any Personal Information.

3 Collection of Personal Information

3.1 We will not ordinarily collect any Personal Information about you except where you provide it to us or it is provided to us with your authority.

3.2 In order to make Purchase Orders or otherwise participate in using our Website, we may request certain Personal Information from you.

3.3 The types of Personal Information we may collect and store include your name, address, telephone number, email address, and other relevant contact details which you provide to us. Personal Information which you provide will be used and disclosed in accordance with this Policy or otherwise in accordance with your express consent.

3.4 You have the right to remain anonymous in your dealings with us. You may use a pseudonym when registering for your Account or when entering your shipping information. However, please note that your Purchase Order will be delivered to the person named in the Purchase Order or Account, and we will not accept any responsibility for any undeliverable items.

3.5 We will make every effort to advise you of the purposes for which we are required to collect your Personal Information before that Personal Information is to be collected.

3.6 When you visit our Website, your visits will be recorded for demographic content and statistical purposes (“Statistical Information”). We will use cookies, internet protocol addresses, browser information, operating system information and other information which does not identify you personally but which tracks your usage of our Website.

3.7 In some rare circumstances, we may also be required collect Personal Information which may be deemed sensitive in accordance with Section 6 of the Privacy Act (“Sensitive Information”). (Section 6 of the Privacy Act can be accessed here). Unless the collection of Sensitive Information is required by or permitted under the law, we will obtain your consent to its collection.

3.8 We will collect Personal Information directly from you when you:

(a) place a Purchase Order; or

(b) complete an online form (including our “Contact Us” form); or

(c) register for an Account; or

(d) deal with us over the telephone, via email or in person; or

(e) subscribe to our newsletter.

3.9 We collect and use your Personal Information for the purpose of:

(a) processing and shipping your Purchase Order; or

(b) providing you with information; or

(c) where you have subscribed to our monthly newsletter and agreed to be notified of our special offers, delivering our monthly newsletter to you, and notifying you of any special offers;

unless you give us permission to use it in other ways.

3.10 In the event that we receive unsolicited information about you, it will only be collected where:

(a) it is reasonably necessary for one or more of our functions or activities; and

(b) we obtain your consent (where the information is Sensitive Information); or

(c) it is authorised or required under an Australian law or a court/tribunal order; or

(d) it is otherwise permitted by the Privacy Act.

3.11 Where Clause 3.10 does not apply, we will destroy any unsolicited Personal Information that we receive.

3.12 We only collect Personal Information about you that are necessary for our functions and activities and ordinarily, you will be told the purposes for which we collect that Personal Information when it is collected. As a general rule, the collection of your Personal Information will be necessary for us to provide a service for you to maintain our relationship with you.

3.13 Notwithstanding Clause 3.7 above, we may on occasion need to collect Personal Information (which may include Sensitive Information) about you from third parties (for example, collecting your Personal Information from PayPal to process your payment. If required by law, we will obtain your consent to collect Personal Information from third party sources and combine that information with the Personal Information which we have collected directly from you.

3.14 Additionally, other purposes for which we will generally collect and use your Personal Information may include:

(a) complying with legislative and regulatory requirements;

(b) performing our administrative operations, including accounting, risk management, record keeping, archiving, and systems development and testing;

(c) managing our rights and obligations in relation to external payment systems;

(d) conducting market or customer satisfaction research;

(e) developing, establishing, and administering alliances and other arrangements with other organisations in relation to the promotion, administration and use our products and Website;

(f) developing and identifying products and services that may interest you; and

(g) telling you about certain other products and services, unless you choose not to receive such information.

3.15 We advise that cookies and pixels (and similar tracking means) are used on our Website. Each time you visit our Website, we may use cookies and pixels (or similar tracking means) to record the date and time of access to the site and any information read or downloaded. Cookies, pixels and other tracking technology are useful for gathering information such as browser type and operating system; tracking the number of visitors to our Website; and understanding how visitors use our Website, but do not identify any individual users. Cookies cannot collect Personal Information unless you have previously shared them on the Website.

3.16 If you register or continue to use our Website, you agree to our use of cookies, pixels and similar. You may block cookies by activating settings on your browser which refuses all or some cookies. However, if you do so, you may not be able to access all or parts of our Websites. Unless you have adjusted your browser settings so that it will refuse cookies, our system will issue cookies as soon as you visit our Website.

3.17 You must be over 18 years of age or have consent of your parent or guardian (who are over 18 years of age) to use our Website.

3.18 Information may also be collected, even when you have not registered an Account with us, when:

(a) you visit our Website; or

(b) you place a Purchase Order; or

(c) any time you voluntarily provide Personal Information to us.

4 Personal Information about third parties

4.1 If at any time you supply us with Personal Information about another person, you should ensure that you have written consent from that person to do so, and you must agree to inform that person about us and that we may use and disclose their Personal Information in accordance with and for the purposes outlined in this Privacy Policy.

5 Storage of Personal Information

5.1 The APP requires us to disclose when we may store your Personal Information overseas, or transmit your Personal Information to an overseas recipient.

5.2 We advise that this Website is hosted on servers located in the United States of America. By using this Website and/or providing us with your Personal Information, you authorise us to transfer Personal Information we have collected about you to servers in the United States, and to store that information there. If at any time we require the Personal Information and we have collected about you to be stored on servers located elsewhere in the world, we will notify you.

5.3 You consent to our holding your Personal Information for the continuation of your Account with us and for the duration of seven (7) years subsequent to the termination of your Account. If you have not registered an Account with us, you consent to our holding your Personal Information for the duration of seven (7) years after your latest Purchase Order.

5.4 Your Personal Information will be returned or destroyed after the seven (7) year period referred to in Clause 5.3 has passed, provided that:

(a) you do not owe us any money; and

(b) there are no legal proceedings instituted against you for which we may be required to preserve evidence, or

(c) there are no legal proceedings instituted against us in which you are obliged to indemnify us according to the Terms of Use and this Policy.

6 Usage and Disclosure of Personal Information

6.1 You authorise us to use your Personal Information to process and deliver your Purchase Order to you (“Purpose”), or for any purpose connected with the Purpose.

6.2 If you opt into our newsletter as well as periodic email updates from us regarding events, Products and websites offered by us, you authorise us to contact you using the Personal Information which you have provided to us. You may opt out at any time.

6.3 You authorise us to use any Personal Information we have collected about you in order to complete any transactions made through the Website or otherwise between you and us, including without limitation:

(a) processing your payment; and

(b) delivering the products that you have purchased.

6.4 Unless otherwise specified or required by law, you authorise us to disclose necessary Personal Information to related companies and to any agents or contractors who provide services to us in connection with the provision of services that you have sought from us. These parties are prohibited from using your Personal Information except for the specific purpose for which we supply them with your Personal Information.

6.5 Subject to what is permitted by law, the types of third parties to whom we may disclose your Personal Information include:

(a) our agents, contractors and external advisors who we engage from time to time to carry out, or advise on, our functions and activities (including without limitation our web providers and banking affiliates);

(b) your agents and contractors, including your legal or financial advisor;

(c) regulatory bodies, government agencies, law enforcement agencies and courts;

(d) any persons or organisations to whom we are directed by any regulatory body, government agency, law enforcement agency or court to disclose;

(e) other organisations with whom we have alliances or arrangements for the purpose of promoting our services (and any agents used by us and our business partners in administering such an arrangement or alliance);

(f) anyone supplying goods or services to you in connection with a loyalty program which may be associated with a facility provided to you;

(g) debt collecting agencies;

(h) external payment systems operators;

6.6 We take the protection of your Personal Information very seriously. Only authorised personnel will have access to your Personal Information, and such Personal Information will not be disclosed or used other than as specified in this Privacy Policy without your express consent, which will be stored in our records.

6.7 We reserve the right to disclose Statistical Information to third parties including, without limitation, to analytics companies and business partners, to help us understand usage patterns, to assist in product development and for advertising purposes.

6.8 We reserve the right to disclose Personal Information and Statistical Information with third parties where such disclosure is required by law, or when we reasonably believe in good faith that such disclosure is necessary to protect our rights or to comply with a judicial proceeding or legal process served upon us.

6.9 We may share your Personal Information and Statistical Information with third parties where we reasonably believe in good faith that such disclosure is necessary in order to investigate, prevent or take action regarding illegal activities such as suspected fraud; situations involving potential threats to the physical safety of any person; violations of our Terms of Use Agreement or as otherwise required by law.

6.10 Subject to Clause 5.2, we will not disclose your Personal Information to any other overseas entities who may not be bound by Australian legislation without your consent, except in circumstances where Clauses 6.3, 6.5, 6.7 and 6.8 apply. Where we disclose your Personal Information to overseas recipients, we will make every reasonable effort in the circumstances to ensure that the overseas recipients comply with this Privacy Policy and any applicable Australian law or regulation with respect to the protection of Personal Information, unless:

(a) we believe on reasonable grounds that the overseas recipient is bound by legislation or regulation that is substantially similar to the APP which can be enforced against the overseas recipient; or

(b) you give us an informed consent to the disclosure of your Personal Information to an overseas recipient who may not be bound by Australian law; or

(c) the disclosure to an overseas recipient is authorised or required by Australian law or a court or tribunal order; or

(d) it is permitted by the Act.

6.11 We may disclose both Personal Information and Statistical Information to a third party in a business transaction such as a merger with or acquisition by another company, or the sale of all or a substantial portion of our assets, of which your Personal Information and Statistical Information may be among the assets transferred. Where this occurs, we will notify you via an email sent to the email address which you provide to us in your Account.

6.12 We will not use or disclose your Personal Information for any purpose other than as disclosed in this Privacy Policy unless:

(a) we have obtained your consent to its use or disclosure; or

(b) the purpose is related to the purposes disclosed in this Privacy Policy and an individual would reasonably expect us to use or disclose that Personal Information.

7 Your access to your Personal Information

7.1 If you have an Account, you may be granted access to, or a current copy of, your Personal Information which we have on you through the login function on our Website.

7.2 If you do not have an Account, you may request in writing here to be granted access to a copy of all Personal Information about you which has been received by us. While we will not charge for making this request, if we decide to grant access, we may charge a reasonable amount for the processing of your request.

8 Security of your Personal Information

8.1 We will use all reasonable efforts to keep secure the Personal Information and Statistical Information that we collect and maintain. Only our authorised employees, agents and contractors to whom you have given your express consent (and who have agreed to keep information secure and confidential) will have access to this information. We will maintain strict procedures and generally accepted industry standards and take all reasonable care to protect and prevent unauthorised access to, or modification and disclosure of, your Personal Information. We will take all reasonable steps to protect your Personal Information from misuse and loss.

8.2 However, you acknowledge that no transmission of data over the internet can be guaranteed to be fully secure and accordingly, we cannot guarantee or warrant the security of any information you send to us through our Website. You understand that any information you send over the internet is at your own risk.

8.3 Subject to our reserved rights to disclose and use your Personal Information and Statistical Information described in clause 6.8 above, we will limit access to your Personal Information to employees to whom we believe there is a reasonable need for us to disclose your Personal Information and Statistical Information in order for them to perform their duties.

8.4 You understand that if you access our Website from outside Australia, other entities, such as governments, may collect, use and disclose your Personal Information in ways which differ from this Privacy Policy and the laws of Australia.

9 Complaints about breaches of privacy

9.1 If you believe that the privacy of your Personal Information has been compromised or has not been used in accordance with this Privacy Policy, you should contact us as soon as possible using the means provided on this Website or by email.

9.2 Your complaint will be taken seriously and addressed in accordance with clause 17 of the Terms of Use in relation to Dispute Resolution.

9.3 Alternatively, or if you do not believe that we have handled your complaint satisfactorily, please refer your complaint to the Federal Privacy Commissioner on 1300 363 992 or by email.

10 Variation of Privacy Policy

10.1 We may change this Privacy Policy at any time and at our sole discretion by posting a notice on our Website, and may notify you in other ways that we deem appropriate, such as sending a notice to the email address that you have supplied to us through registration for an account, or placing a Purchase Order. You agree that you will be deemed to have notice of any modifications once we post them to our Website and that your continued use of our Website after such notice will be construed as your acceptance of the modified Privacy Policy.

10.2 Notwithstanding our right to change this Privacy Policy at any time, these changes will only apply to activities and information going forward, and not on a retroactive basis.

10.3 You are encouraged to review the policy whenever you visit our Website to keep track of the policy changes and make sure that you understand how any Personal Information you provide will be used. If you do not agree with the modified Privacy Policy, you must close your Account immediately and cease to use our Website.

11 Third parties

11.1 Where we provide your Personal Information to third parties in accordance with this Policy, you acknowledge and agree that the usage or further disclosure of your Personal Information by third parties is not in our reasonable control. You further acknowledge that third party websites may place their own cookies or other files on your computer, telephone or other electronic device, or solicit Personal Information from you, and may or may not use your Personal Information in accordance with their own privacy policies which may differ from this Policy. You agree that we are not liable for the use of your Personal Information in circumstances which are not in accordance with this Privacy Policy.

11.2 You agree to indemnify and hold harmless us and our employees, contractors, officers or directors (“Those Indemnified”) from any damage, loss, cost (including, without limitation, settlement costs), expense (including reasonable legal costs and expenses) or liability incurred, which is caused by, or is a natural consequence of, the use or disclosure of your Personal Information:

(a) by Those Indemnified in accordance with this Policy; and

(b) by any Third Party, whether such use or disclosure by that third party is in accordance with, or contrary to this Policy.