Effective Date: 1st March 2021
The website is owned and operated by: Think Brands Pty Ltd (ACN 149 960 510).
We are committed to the protection of your privacy while you use the website. We take your privacy very seriously so we urge you to read this policy very carefully because it contains important information about:
– who we are
– how and why we collect, store, use and share personal information
– your rights in relation to your personal information, and
– how to contact us and supervisory authorities in the event that you have a complaint.
(I) Words referring to one gender include every other gender.
(II) Words referring to a singular number include the plural, and words referring to a plural include the singular.
(III) Words referring to a person or persons include companies, firms, corporations, organisations and vice versa.
(VI) Any obligation on a Party not to do something includes an obligation not to allow that thing to be done.
(2) WHO WE ARE
(a) Think Brands Pty Ltd owns this website. We collect, use and are responsible for certain personal information about you. When we do so we are regulated under Australian privacy laws. We may also be regulated by the General Data Protection Regulations (“GDPR”) which apply across the European Union (“EU”), including the United Kingdom (“UK”) and we may be responsible as “controller” of that personal information for the purposes of those laws.
(3) THE INFORMATION WE COLLECT AND USE, HOW WE COLLECT IT, AND WHY WE COLLECT IT
(a) We collect personal information in a number of ways when you use our website.
(b) We use your personal information to help us improve your experience with our website.
(c) This section provides further information about the information we collect, how we collect it, and the purposes for which we collect it.
Personal information you provide to us
(I) We collect the following personal information that you provide to us:
E mail address
Date of Birth
Credit Card Information
(II) We collect this information in the following ways:
When making a purchase
When signing up to our newsletters
When entering our competitions
Making contact with us via email
Making contact via our Contact Us form on our website
(III) We collect this information for the following purposes:
To enable us to package your order and arrange delivery.
To improve and personalise our service
Cookies and similar technologies
(I) A cookie is a small text file which is placed onto your computer or electronic device when you access our website. Similar technologies include web beacons, action tags, local shared objects (“flash cookies”) and single-pixel gifs. Such technologies can be used to track users’ actions and activities, and to store information about them. We use these cookies and/or similar technologies on this website.
Website traffic data
Which pages a user visits
How many times a user visits the website
(III) This information helps us to build a profile of our users. Some of this information may be aggregated or statistical, which means that we will not be able to identify you individually.
(IV) In addition it should be noted that in some cases our cookies or similar technologies may be owned and controlled by third parties who will also collect personal information about you.
(VII) For further information on cookies generally visit www.oaic.gov.au, www.aboutcookies.org or www.allaboutcookies.org.
(4) WHETHER YOU HAVE TO PROVIDE PERSONAL INFORMATION, AND IF SO WHY
(a) Notwithstanding the preceding clause, you can choose not to provide any personal information to us. However, if you do so, some features of our website may not work as intended.
(a) We would like to send you information about products, services, offers, competitions and our business which may be of interest to you. Such information could be sent by post, email, telephone, text message or automated call.
(b) We will ask whether you would like us to send you marketing messages on the first occasion that you provide any relevant contact information (i.e. on purchase, signing up to a newsletter, entering a competition etc). If you do opt in to receive such marketing from us you can opt out at any time (see “What other rights do you have?” below for further information). If you have any queries about how to opt out, or if you are receiving messages you do not want you can contact us using the details provided below.
(6) EMAIL OPT IN/OUT
(7) COMBINING INFORMATION
(a) We may combine, link or aggregate some of your information in order to obtain a better understanding of your requirements. This may enable us to better design the website and may also assist with our business or administration requirements.
(b) We may also share aggregated information with third parties.
(8) WHO YOUR INFORMATION MAY BE SHARED WITH
(a) We may share your information with law enforcement agencies in connection with any investigation to help prevent unlawful activity.
(b) We may provide some of your personal information from time to time to third party service providers so that they can help us to serve you.
(c) We may use third party service providers to assist with information storage (such as cloud storage).
(d) We may provide some of your personal information to third party service providers for the purpose of analysing data or tracking usage. For example, we may use these services to find out where page requests come from, dates and times of page requests, details of any website that referred you to the website and other details about your usage of the website. This information enables us to understand patterns of usage of the website, and to improve the website.
(e) We may use third party service providers to host the website. If this occurs, that third party service provider is likely to have access to some of your personal information.
(f) We may use third party service providers to fulfil orders in relation to the website.
(k) We promise not to spam you, or to sell or rent your personal information to anyone else.
(9) HOW LONG YOUR PERSONAL INFORMATION WILL BE KEPT
(c) Notwithstanding the preceding sub-clause hereof, your personal information may be stored for longer periods insofar as the personal information will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes (subject to implementation of the appropriate technical and organisational measures required by the GDPR in order to safeguard your rights and freedoms).
(10) REASONS WE CAN COLLECT AND USE YOUR PERSONAL INFORMATION
(a) We rely on the following as the lawful basis (or bases) on which we collect and use your personal information:
– legal obligation: the processing is necessary for us to comply with the law (not including contractual obligations).
– vital interests: the processing is necessary to protect someone’s life.
– public task: the processing is necessary for us to perform a task in the public interest or for our official functions, and the task or function has a clear basis in law.
(11) MERGER, RESTRUCTURE OR SALE OF OUR BUSINESS
(a) Part or all of our business may be merged, restructured or sold including but not limited to through an ordinary sale of business or of stock, a corporate reorganisation, a change in control, bankruptcy or insolvency proceedings.
(b) In the event that such a merger, restructure or sale occurs as described in the preceding sub-clause hereof, we may transfer your personal information, including personally identifiable information, as part of that merger, restructure or sale.
(12) KEEPING YOUR INFORMATION SECURE
(b) We have appropriate security measures in place to prevent personal information from being accidentally lost, or used or accessed in an unauthorised way. We limit access to your personal information to those who have a genuine business need to know it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.
(c) We will also use technological and organisation measures to keep your information secure.
(d) We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.
(e) Indeed, while we will use all reasonable efforts to secure your personal data, in using the site you acknowledge that the use of the internet is not entirely secure and for this reason we cannot guarantee the security or integrity of any personal data that are transferred from you or to you via the internet. If you have any particular concerns about your information, please contact us using the details below.
(13) TRANSFERS OF YOUR INFORMATION TO OTHER JURISDICTIONS
(a) Our business is based in Australia.
(b) We may need to share some of the information that we collect about you from the UK and/or the European Economic Area EEA with organisations both inside and outside Australia. In some cases, we may need to ask you before we do this.
(c) Australia has strict data protection laws but they vary in some respects from the data protection laws in the UK and the EEA. In addition, the European Commission has not given a formal decision that Australia provides an adequate level of data protection similar to that which applies in the UK and EEA.
(d) In addition to handling your information within Australia, your information may be handled in the following countries:
Europe, UK, South Africa, New Zealand
(e) We might also store your information in cloud storage or some other form of networked storage. This storage may be accessible from various countries via the internet, which means it is not always practicable to determine the countries in which your information might be stored or accessed. If this occurs, then this might mean that your information is disclosed in countries other than those listed above.
(f) Many countries outside of the UK and the EEA do not have the same data protection laws as the UK and EEA. In addition, the European Commission may not have given a formal decision that the relevant countries provide an adequate level of data protection similar to that which applies in the UK and EEA.
(g) If we transfer, share, store or handle your information outside of the UK or the EEA, it will only be done with relevant protections in place. We will take steps to ensure that your information will be protected in accordance with applicable data protection laws and in accordance with legally recognised data transfer mechanisms, for example:
– where the European Commission has given a formal decision that the relevant country provides an adequate level of data protection similar to that which applies in the UK and EEA
– by adopting a European Commission approved contract, or standard data protection clauses in the form of template transfer clauses adopted by the Commission, that will safeguard your privacy rights and give you remedies in the unlikely event of a security breach
– in accordance with a set of European Commission approved binding corporate rules that will safeguard your privacy rights and give you remedies in the unlikely event of a security breach
– subject to our compliance with an approved code of conduct approved by a supervisory authority that will safeguard your privacy rights and give you remedies in the unlikely event of a security breach
– subject to the terms of our certification under an approved certification mechanism as provided for in the GDPR that will safeguard your privacy rights and give you remedies in the unlikely event of a security breach
(h) Any transfers to these countries will be undertaken on the basis that the country, territory or one or more specific sectors in that country, or an international organisation ensures an adequate level of protection.
(i) For more information on the basis of any non-EEA transfers, our safeguards or Commission details, please contact us as described below.
(14) ACCESSING, UPDATING AND CORRECTING YOUR PERSONAL INFORMATION
(a) We are committed to ensuring that any of your personal information which we are holding is accurate and kept up to date.
(b) We will take all reasonable steps to ensure that personal information which is inaccurate (having regard to the purposes for which it was processed) is erased or rectified without delay.
(c) You have the right to request access to any of your personal information which we are holding.
(d) You have the right to request that any of your personal information which we are holding be updated or corrected.
(15) WHAT OTHER RIGHTS DO YOU HAVE?
(a) Under the GDPR you have a number of important rights, including the rights to:
– fair processing of information and transparency over how we use your personal information
– require us to correct any mistakes in your information which we hold
– require the erasure of personal information concerning you in certain situations, (such as if the purpose for which we collected the personal information is no longer necessary or required)
– receive the personal information concerning you which you have provided to us, in a structured, commonly used and machine-readable format and have the right to transmit those data to a third party in certain situations
– object at any time to processing of personal information concerning you for direct marketing
– object to decisions being taken by automated means which produce legal effects concerning you or similarly significantly affect you
– object in certain other situations to our continued processing of your personal information
– otherwise restrict our processing of your personal information in certain circumstances
– claim compensation for damages caused by our breach of any data protection laws
(b) For further information on each of those rights, including the circumstances in which they apply, refer to the Office of the Australian Information Commissioner (https://www.oaic.gov.au/) or see the Guidance from the UK Information Commissioner’s Office (ICO) on individual’s rights under the GDPR (http://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/)
(c) If you would like to exercise any of these rights please:
– email, call or write to us
– let us have enough information to identify you
– let us have proof of your identity (a copy of your driving license, passport or a recent credit card/utility bill)
– let us know the information to which your request relates
(d) From time to time we may also have other methods to unsubscribe (opt-out) from any direct marketing including for example, unsubscribe buttons or web links. If such are offered, please note that there may be some period after selecting to unsubscribe in which marketing may still be received while your request is being processed.
(16) GOVERNING LAW
(17) HOW TO COMPLAIN
(a) We take customer satisfaction very seriously. If you have a complaint in relation to our handling of your personal information, we will endeavour to handle it promptly and fairly. For your information, an overview of our complaints handling procedure is as follows:
(I) Please direct any questions or complaints to firstname.lastname@example.org
(III) If you are not satisfied with our response to your complaint, you may refer your complaint to the relevant external dispute resolution organisation in your area.
(IV) The GDPR also gives you the right to lodge a complaint with a supervisory authority, in particular in the European Union (or European Economic Area) state where you work, normally live or where any alleged infringement of data protection laws occurred. The supervisory authority in Australia is the Office of the Australian Information Commissioner (https://www.oaic.gov.au/) and the supervisory authority in the UK is the Information Commissioner (https://ico.org.uk/concerns/).
By email, if you have opted to receive e mails.
(19) CONTACT US
mail: 150 Boundary Road, Oakville, New South Wales Australia, 2765