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Privacy Policy

Conserv Brands is committed to privacy protection. At www.conservbrands.com.au (“the website”), we understand the importance of keeping personal information private and secure. This privacy policy (“Privacy Policy”) describes generally how we manage personal information and safeguard privacy. If you would like more information, please don’t hesitate to contact us.

The website is owned and maintained by Conserv Pty Ltd trading as Conserv Brands (ACN 056 489 340), with registered office at 30 Thistlethwaite Street, South Melbourne Victoria (“us”, “our”, “we” or “Conserv Brands”).

Your access to and use of this website is subject to the following Privacy Policy. By accessing and using this website, or otherwise using our services or purchasing our products, you accept the terms of this Privacy Policy, without limitation or qualification.

This Privacy Policy refers to the collection of “personal information” (“PI”) by or on behalf of us. PI is the information we hold which is identifiable as being about you (or from which your identity may reasonably be ascertained).

On some occasions, we may conduct a promotion or other activity that has its own specific privacy policy. In that case, a notice of the privacy policy applicable to that promotion/activity will be provided to you at the time any PI is sought or obtained, and that privacy policy will apply to that promotion or activity and will override this Privacy Policy to the extent of any inconsistency. In all other cases, the terms of this Privacy Policy prevail, and by interacting with us, you agree to be bound by its terms.

Through our varied operations, we gather information for a variety of reasons, for example, to enable us to improve the nature of the services we provide and to facilitate the running of various competitions.

We respect your right to privacy and are committed to safeguarding the privacy of our customers and website visitors. We will treat all PI in accordance with any and all obligations that are binding upon us under the Privacy Act 1988 (Cth) (“Privacy Act”). The Privacy Act lays down 13 key principles in relation to the collection and treatment of personal information, which are called the “Australian Privacy Principles”.

1. Collection of Information

1.1. What information do we collect?

We collect information that you submit to us by or in connection with the ordering of products on the website, that you provide to us directly or is given to us in other forms.

The following categories of personal data may be collected: name, contact details, email address, payment details including credit card details and other information that you enter on forms on the website or otherwise provide to us. We may collect additional information at other times, including but not limited to, when you provide feedback, when you provide information about your personal or business affairs, change your content or email preference, respond to surveys and/or promotions or communicate with our customer support.

Additionally, we may also collect any other information you provide while interacting with us.

1.2. Why We Collect Personal Information

Generally, we collect your PI to provide you with products and services and to administer our relationship with you. We also collect PI for marketing purposes and to provide you with information about special events, products, and services (both our own and those of other companies) that may be of interest to you.

1.3. How We Collect Personal Information

We primarily collect PI directly from you through written, electronic, and/or verbal means of communication when you interact with us, for example when you:

(a) send us an email;

(b) submit a general query or place an order for Conserv Brands merchandise on our website; or

(c) contact us to place an order for Conserv Brands merchandise.

We may also obtain PI from third parties, including from marketing databases or other sources that are publicly available such as websites, journals, directories, and phone directories. If we do, we will protect it as set out in this Privacy Policy.

We will generally only collect information about you from third parties in rare circumstances, for example where one of your friends indicates to us that one of our services or products may be of interest to you. If we do collect PI in this manner, we will endeavour to make you aware of whom we are, the fact and manner of collection of this PI and this Privacy Policy. We will ask the third party to tell you that they have provided us with your PI and provide you with a copy of this Privacy Policy.

This website may also collect Internet Protocol (IP) addresses. IP addresses are assigned to computers on the internet to uniquely identify them within the global network. We may collect and manage IP addresses as part of the service of providing internet session management and for security purposes. We may also collect and use web log, computer, and connection information for security purposes and to help prevent and detect any misuse of, or fraudulent activities involving this website.

2. USE AND DISCLOSURE

2.1. Use

We may use your PI for several purposes including, but not limited to, the following purposes:

(a) to provide you with our products or services;

(b) to administer our relationship with you;

(c) to process your orders, including charging, billing and collecting debts and shipment of products to you;

(d) to respond to comments or queries;

(e) to facilitate the running of and your participation in promotions and other competitions;

(f) to facilitate the running of and your participation in loyalty programs;

(g) to monitor activity on our websites, for the purpose of maintaining the security of those websites;

(h) to compile databases to enable us to market goods and services more accurately;

(i) for internal administrative purposes, such as procedural assessments, risk management, staff training, accounting, billing, product, and service reviews;

(j) to identify and inform you about other products or services that may be of interest to you;

(k) to verify your identity and/or conduct appropriate checks for creditworthiness and for fraud; and

(l) for any other purpose that we reasonably consider necessary or desirable in relation to the operation of our business.

We may contact you by a variety of measures including, but not limited to, telephone, email, SMS or mail. If you provide us with your mobile telephone number, email address, Skype address or other such PI, you authorise us to send you promotional messages related to our products and services and the products and services that we promote.

If you do not wish to receive marketing or other communications from us, please contact us so that we can update your preferences.

2.2. Disclosure

We may disclose your PI to:

(a) third parties engaged by us to provide functions on our behalf such as processing credit card information, mailouts, debt collection, marketing research, delivery services and advertising;

(b) third parties authorised by you to receive PI held by us;

(c) any of our employees, officers, insurers, professional advisors, agents, suppliers, or subcontractors insofar as reasonably necessary for the purposes set out in this Privacy Policy. PI is generally only supplied to a third party when it is required for delivery of our services.

We may from time to time need to disclose PI to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of legal proceedings or in response to a law enforcement agency request. We may also disclose PI to such third parties where required to investigate your suspected improper conduct or wrongdoing in contravention of our website terms of use, contractual arrangements with you, or otherwise at law.

Information that we collect may, from time to time, be stored, processed in, or transferred between parties located in countries outside of Australia.

Where we hold promotions in conjunction with third parties, we will offer you the opportunity to be contacted by our promotions partner. We will not provide your PI to the promotions partner unless you have opted into having such PI passed on.

To better protect your privacy, we impose strict requirements of security and confidentiality on all third parties as to how they handle your PI. Notwithstanding this, we cannot be held responsible for any misuse or unauthorised disclosure of your PI by these third parties.

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 by law, our user databases, together with any personal information and non-personal information contained on those databases. This information may be disclosed to a potential purchaser under an agreement to maintain confidentiality. We would seek to only disclose information in good faith and where required by any of the above circumstances.

By providing us with PI, you consent to the terms of this Privacy Policy and the types of disclosure covered by this Privacy Policy. Where we disclose your PI to third parties, we will request that the third party follow this Privacy Policy regarding handling your PI.

2.3. Third-party websites

While we take great care to protect PI on the website, unfortunately, no data transmission over the internet can be guaranteed to be 100% secure. Accordingly, we cannot ensure or warrant the security of any information sent to or from this website. This is particularly true for information sent to us via email. We have no way of protecting that information until it reaches us. Once we receive PI by email, we protect its security in accordance with this Privacy Policy.

The website may from time to time contain links to other websites not owned or controlled by us. 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 we are not responsible for the privacy practices or policies of those websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each website that collects personally identifiable information. When you click on links and banners on our website that take you to third-party websites, you will be subject to their privacy policies. While we support the protection of privacy on the internet, Conserv Brands cannot be held responsible for the actions of any third-party websites.

3. WEBSITE

If someone visits the website to read, browse or download information, our system may record information such as the date and time of their visit to the website, the pages accessed, browser type, operating system, website visited immediately before coming to our website and any information downloaded. This information is used in an aggregated manner for statistical, reporting and website administration and maintenance purposes only, such that we can improve our service.

Like many websites, our website may use “cookies” from time to time. Cookies are small text files that the website transfers to a user’s hard drive through their web browser to enable the website’s systems to recognise the user’s browser. Cookies may also be used to record non-personal information such as the date, time or duration of a user’s visit, or the pages accessed, for website administration, statistical and maintenance purposes. The default settings of browsers like Internet Explorer often allow cookies, but users can easily erase cookies from their hard drive, block all cookies, or receive a warning before a cookie is stored. Please note that some parts of this website may not function fully for users that disallow cookies.

This website uses cookies to:

• remember your preferences for using this website;

• manage the signup process when you create an account with us;

• recognise you as logged in while you remain so. This avoids your having to log in again every time you visit a new page;

• facilitate e-commerce transactions, to ensure that your order is remembered between pages during the checkout process;

• show relevant notifications to you (eg, notifications that are relevant only to users who have, or have not, created an account or subscribed to newsletters or email or other subscription services); and

• remember details of data that you choose to submit to us (eg, through online contact forms).

Many of these cookies are removed or cleared when you log out, but some may remain so that your preferences are remembered for future sessions.

When we send emails or other electronic messages, we may record where recipients open the message and click on links. This helps us to better understand what information is of interest to those recipients.

This website may use Google Analytics and or third-party services such as Google Adwords. By using this website, you consent to the processing of data by Google in the manner set out by Google on their website.

4. DATA QUALITY

We take reasonable steps to ensure that the PI we collect, use, or disclose is accurate, complete, and up to date. If your PI is incorrect or changes, please contact us so that we can update your PI and continue providing you with our services.

5. DATA SECURITY

We are committed to ensuring that the information you provide to us is secure. Your PI is stored in several secure computer storage facilities and paper-based files, and in other records. To prevent unauthorised access or disclosure, we have taken precautions to ensure that your PI is protected from misuse, loss and unauthorised access, modification or disclosure.

Once we no longer need your PI, we take reasonable steps to de-identify your PI.

The transmission and exchange of information is carried out at your own risk. We cannot guarantee the security of any information that you transmit to us or receive from us. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that PI that we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.

6. OPENNESS

If you have any questions whatsoever on our handling of your PI or the kind of PI we hold about you please contact us and we will endeavour to assist you with your request.

7. ACCESS AND CORRECTION

You may request details of PI that we hold about you in accordance with the provisions of the Privacy Act 1988 (Cth). A small administrative fee may be payable for the provision of information. If you would like a copy of the information which we hold about you or believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us.

We reserve the right to refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act 1988 (Cth). This may include circumstances where giving you access would:

• be unlawful (eg, where a record that contains PI about you is subject to a claim for legal professional privilege by one of our contractual counterparties);

• have an unreasonable impact on another person’s privacy; or

• prejudice an investigation of unlawful activity.

We may also refuse access where the PI relates to existing or anticipated legal proceedings, and the information would not be accessible by the process of discovery in those proceedings.

If we refuse to give you access, we will provide you with reasons for our refusal.

8. IDENTIFIERS

As required by the Australian Privacy Principles, we do not collect or use Commonwealth government identifiers when interacting with you.

9. ANONYMITY

Where practical, you may deal with us on an anonymous basis, however, because of the nature of the services we provide, if you do not provide us with your PI we may not be able to provide you with the requested product or service (for example, if we require your details in connection with a competition we are running, we cannot provide you with a prize should you be a prize winner and we cannot contact you).

10. SENSITIVE INFORMATION

Sensitive information includes information about your race or ethnic origins, political opinions, religious or philosophical beliefs, trade union membership, or details of health, disability or sexual activity or orientation. We rarely ask for sensitive information, but may do so occasionally as part of competition, promotion or survey, for example. We will not require you to provide sensitive information unless:

(a) you have consented; or

(b) the collection of the information is specifically authorised or required by law.

11. COMPLAINTS ABOUT PRIVACY

If you have any complaints about our privacy practices, please feel free to send in details of your complaint to our privacy officer (details below). We take complaints very seriously and will respond shortly after receiving written notice of your complaint.

12. PUBLICATION OF THIS POLICY

We will publish this Privacy Policy on our website and will make copies available by request.

13. POLICY UPDATE

Conserv Brand’s Privacy Officer is responsible for monitoring changes in privacy legislation and for reviewing this Privacy Policy.

We may at any time vary this Privacy Policy, in our sole discretion and all modifications will be effective immediately upon our positing of the modifications on our website. Please check back from time to time to review our Privacy Policy. You accept that by your use of this website after any variation, we have provided you with sufficient notice of the variation and you are taken to have accepted the revised Privacy Statement.

14. CONTACT US

If you have any queries about this Privacy Policy, please contact Conserv Brand’s Privacy Officer by mail at:

Privacy Officer

Conserv Brands

30 Thistlethwaite Street

South Melbourne

VICTORIA 3205

or by email to info@conservbrands.com.au

15. FURTHER INFORMATION

For information about privacy generally, or for individuals who have privacy concerns which they feel we have not resolved to their satisfaction, the Office of the Australian Information Commissioner can be contacted on 1300 363 992 or via http://www.oaic.gov.au.