Privacy Policy

Privacy and Policy

We are committed to safeguarding the privacy of our customers and website visitors . This policy sets out how we collect and treat your personal information. We adhere to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth) (the Act). We only collect, hold, use and disclose personal information as reasonably necessary to run our business, and as permitted by law.

In relation to customers, the personal information we collect includes the following:

name;
address;
telephone numbers, email and facsimile addresses and other contact information;
information as to the nature of the customers business;
credit information and credit eligibility information in connection with opening and operating customer accounts;
payment information (which may include banking or credit card information).
Certain Information and data about you collected via tracking technologies such as cookies, web beacons and measurement software, as well as hashed identifiers derived from email addresses. These are explained below under the heading “Cookies”.

Cookies

Visits to our website may result in information being stored on your computer in the form of “Cookies”. Cookies are small text files that are copied from a web server onto your hard disk. Cookies contain information that can later be read by a web server within the domain in which the cookie was assigned to you. Cookies cannot execute any programmes or infect your computer with viruses. The cookies used by us neither contain personal data nor are they connected to any such data.

How we use cookies

We use cookies in several ways, such as:

to allow you to browse the website and use its features;
to serve you with relevant advertising and measure the effectiveness of such advertising;
to ensure that you are not shown an ad more than you should be (called “frequency capping”);
to learn more about the way you interact with our content;
to help us improve your experience when visiting our websites;
to remember your preferences, such as a language or a region, so there is no need for you to customize the website on each visit;
to identify errors and resolve them; and
to analyze how well our websites are performing.

Types of cookies we use

Strictly Necessary (Essential) Cookies: Allow the page to load or provide some essential functionality without which the page would not work (i.e., store your data in a shopping cart).

Functional Cookies: Allow sites to remember what you prefer when you come back again. For example, selecting a certain language to read the site in.

Advertising Cookies: Are used to learn about what interests you might have in general, based, for example, on websites you visit and products you buy. Collecting this data allows us to send you ads for products and services that are more relevant to things you like or want. It also enables us to limit the frequency of you seeing the same advertisement.

Analytics Cookies: These cookies tell us how you use our websites, like which pages you visited and which links you clicked. This helps us measure and improve the performance of our websites. We use different analytics cookies in different jurisdictions. Often, we use Google Analytics cookies to monitor the performance of our sites. Our ability to use and share information collected by Google Analytics about your visits to our sites is restricted by the Google Analytics Terms of Use and the Google Privacy Policy.

Social Media Cookies: These cookies, that are set by a range of social media services that we have added to the site, allow you to share our content with your friends and networks and enable us to reach you with ads on those social platforms related to your visits on our sites. The cookies of some social media sites, e.g., Facebook, are also used for ad targeting.

Google Analytics Advertising Features: Some of our sites use Google Remarketing Lists for Search Ads with Analytics (“RLSA”), which is a service offered to advertisers. When individuals visit our sites, Google Analytics collects data about their visits. If a visitor is signed into their Google account, we are able to provide that user with interest-based advertising when they conduct a Google search for terms related to the site they visited. Our ability to use and share information collected by Google Analytics about your visits to our sites is restricted by the Google Analytics Terms of Use and the Google Privacy Policy. To understand how Google uses data when you use our partners' sites or apps, visit Google’s website. You may opt out of Google Analytics at any time.

Other Technologies We May Use

Proximity-Based Beacons: Beacons send one-way signals to mobile apps you install on your phone over very short distances to tell you, for example, what products are on-sale as you walk through a store. Beacons only talk to your device when you get close enough and after you have given consent within the mobile application associated with a particular beacon. In turn, apps may provide us location information to help customize advertising and offers to you.

Pixels: These are small objects embedded into a web page but are not visible. They are also known as "tags,” “web bugs,” or "pixel gifs." We use pixels to deliver cookies to your computer, monitor our website activity, make logging into our sites easier, and for online marketing activities. We also include pixels in our promotional email messages or newsletters to determine whether you open them and click on their links. This helps us understand whether you are an active user or not. We can also measure the effectiveness of our marketing, and derive insights and analysis, to personalize the content of our communication and guide our marketing decisions (for example, if you opened an email but did not click on the links in it, we may decide to retarget you on a social media platform).

Mobile Device Identifiers and SDKs: We use software code in our mobile apps to collect information as you use our apps which is like what cookies collect on our websites. This will be information like your mobile phone identifiers (iOS IDFAs and Android Advertising IDs) and the way you use our apps

Precise Geolocation: We may receive information about your exact location from things like global positioning system (GPS) coordinates (longitude and latitude) when you use our mobile apps. You will always get a pop-up notice on your phone or device asking you to accept or reject, allowing us to determine your exact location. Please be aware we will not always seek your consent to ascertain your general broader location in a city or province.

Site and App Content

Plugins: Our websites may include Plugins from other companies (like social networks) may appear on our websites. The Facebook “Like” button is a Plugin. Such plugins may collect information (like the URL of the page you visited) and send it back to the company that created them. This may happen even if you do not click on the plugin. Despite appearing on our websites, plugins are governed by the privacy policy and terms of the company that created them.

Logins: You may be able to login to our websites using an account you have with another company (e.g. “Login with Facebook.”) When this happens, the only information we can access from such account, is information you have given us consent to receive from your account settings in the other company’s account you use to log in with.

User Content: Some of our sites and apps will allow you to upload your own content for contests, blogs, videos, and other functions. Any information you submit or post becomes public information. We cannot control how others may use the content you submit to our sites and apps. We are not responsible if others use such content in ways that violate this privacy policy, the law, or your personal privacy and safety.

Links: Our sites may include links to other sites, which we do not control. Those sites will be governed by their own privacy policies and terms, not ours.

What happens if we can’t collect your personal information?

You are not required to disclose your personal information to us, and where lawful, you may deal with us anonymously or using a pseudonym. If you choose not to provide us with the personal information described above:

we may not be able to provide the requested products or services to you, either to the same standard or at all;
we may not be able to provide information about products and services that you may want, including information about special promotions and competitions;
we may not be able to provide you with details, information or an appropriate response to any enquiries or requests you have made; and/or
we may be unable to tailor the content of our Website, the Online Ordering Systems and/or other related sites to your preferences and your experience of our Website or Online Ordering Systems may not be as enjoyable or useful.

How personal information is collected and held

We collect Personal Information in a number of ways, including:

directly from you, such as when you enter your personal details on our Websites (for example during registration or application for products and services), when you provide information by phone or in documents such as an application form;
from our affiliated companies;
from your representatives;
from our agents or service providers or by other third parties, to verify information you have provided us or to assist us to locate or communicate with you;
from sources where you’ve made your information publicly available;
from credit-reporting agencies and credit providers for credit related purposes;
from our own records of your dealings with us;
via the tracking technologies including technologies provided by third parties and our service providers; or
when legally required to do so.

Personal information is held either in electronic or written form, access to which is limited to authorised staff.

Purposes for which personal information is collected & Your Consent

Unless otherwise disclosed during the collection process, personal information which we collect from you is used only for the purposes consistent with the reasons it was provided, for a related purpose, for the purposes that you consent to or opt in for or where otherwise permitted by law.

Your consent

By using this site, you consent to the collection and use of your personal information by us in the manner set out in this Privacy Policy. By using our websites and our social media channels, posting comments about us in any forum, providing any personal information to us, making enquires with us, visiting our venues, or booking with us, you confirm that you agree to and consent to the terms of this Privacy Policy and our collection and use of your personal information, to the extent that your consent is required by any applicable law.

If we decide to change our Privacy Policy, we will post those changes on this page so that you are always aware of our current practices in respect of the information we collect, how we use it, and under what circumstances we disclose it.

We use information held about you for the following purposes:

To operate, maintain, enhance and provide all features of the website and other services
To respond to your inquiries and comments, to provide you with information you have requested.
We need your Personal Information to enter into, or perform an agreement with you, for example to process orders you place for products or services and other related activities;
For marketing and market research purposes, (like providing you with our newsletters and other marketing or promotional materials, developing new products, improving our websites, identifying trends, evaluating the effectiveness of our marketing campaigns, measuring customer satisfaction and improving our customer service).
Managing our everyday business needs, including but not limited to payment processing and financial account management, website administration, corporate governance, reporting and legal compliance.
To ensure the security of our websites, networks and systems, as well as protecting us against fraud.
To comply with applicable legal requirements, industry standards and our policies.

Social media accounts

Any information provided when you interact and use our social media accounts, may constitute personal information. We may process personal information collected through accounts on such social media sites to manage those accounts. For further information on how these social media providers process your personal information, please refer to the relevant social media website’s privacy terms.

Disclosures of Personal Information to Third Parties

By visiting our website, you agree to disclosures to the following third parties (for the purposes described in this Privacy Policy):

Our related entities, affiliates and commercial partners, service providers, our employees and related bodies corporate; third party suppliers and service providers including those who assist with the operation of our websites and/or our venues or in connection with providing our services to you. For example, your personal information may be shared with: third parties who provide us with data analytics, marketing and market research services that we use to shape our business strategies and marketing campaigns; suppliers of services;
We may pass aggregated information to third parties but this will not include information that could be used to identify you.
payment processors who will collect your payment information if you choose to purchase a product from us;
payment processors who will collect your payment information if you choose to purchase a product from us;
credit reporting agencies, financial institutions and professional advisers;
to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, legal proceedings or in response to a law enforcement agency request or when we believe that disclosure is necessary to protect the security or integrity of our services, or to protect the legitimate interests, rights, property, or safety of Garden of Wellness, its employees, users, or others;
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; and
other persons and entities as permitted under the Act.

The abovementioned third parties are generally Australian-based. Before we disclose any personal information to a third party, we take reasonable steps to ensure that the third party will protect your personal information in accordance with Australian privacy laws and in a manner consistent with this Privacy Policy. Third parties are required to restrict their use of this information to the purpose for which the information was provided.

Direct marketing materials

We may send you direct marketing communications, information about our own products and services and direct marketing communications on behalf of our related entities, that we believe may be of interest to you. Direct marketing communications can be sent to you in various forms including by post, telephone calls, SMS, MMS and email or messaging within the Website, App or Online Ordering System in accordance with Privacy Laws and other applicable laws. By providing your personal information to us, you consent to us sending you direct marketing communications in these ways, unless you opt-out as described below.

If you indicate a preferred communication method, we will try to use that preferred communication method whenever practical in the circumstance.

You may opt-out of receiving marketing communications from us at any time by contacting us, or by using the opt-out facilities provided in the marketing communication, and we will ensure that your name is removed from our marketing communications mailing list. You may choose to opt back in by contacting us or by resubscribing to receiving marketing information.

If we obtain your prior consent, we may use your personal information for the purposes of direct marketing of products and services on behalf of selected third parties.

Access, correction and complaints

An individual in respect of whom we hold personal information may request access to that information, and may request correction of information which is inaccurate, out of date, incomplete or misleading You have the right to object at any time to the processing of personal Information for direct marketing. If you do not want to continue receiving any direct marketing from us, you can contact us or click on the unsubscribe (or “STOP”) function in any such communication (whether received by email, text message or any other means).

We will process your request within a reasonable period of time. We are not responsible for removing your personal information from lists of any third party, such as a business partner, that has previously been provided with your information under this Privacy Policy. Where required by law, we will take reasonable steps to inform the applicable third parties of your request.

In order to exercise your rights, you can send us a request, indicating the right you wish to exercise by contacting our Complaints Officer (info@gardenofwellness.com.au) who will endeavour to respond promptly.

However, there are exceptions and limitations to each of these rights. We may, for example, charge a reasonable fee or refuse to act on a request if it is manifestly unfounded or excessive, in particular because of its repetitive character. In some situations, we may refuse to act or may impose limitations on your rights if, for instance, your request is likely to adversely affect the rights and freedoms of others, prejudice the execution or enforcement of the law, interfere with pending or future litigation, or infringe applicable law. In all cases, you have a right to file a complaint with a data protection authority.

Changes to this Privacy Policy

We may modify or amend this Privacy Policy (including Addendums) from time to time. Any changes we may make to this Privacy Policy in the future will be posted on this page. To let you know when we make changes to this Privacy Policy, we will amend the revision date at the top of this page. The new modified or amended Privacy Policy will apply from that revision date. Please check back periodically to see changes and additions.

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