- Personal information is defined in the Privacy Act 1988 (Cth) and means information or an opinion about an identified individual, or an individual who is reasonably identifiable.
Collection of Personal Information and other Information
- We collect personal information for the primary purpose of conducting our business as an online retailer, trader and service provider. The personal information we collect from you will include information you give us when you:
- register or subscribe to one of our websites or newsletters;
- complete a transaction with us; and
- contact us.
- In addition, we may collect personal information you disclose to third parties who are affiliated with or otherwise provide services to us. This includes third parties who provide services such as Australia Post, Sendle, Shippit, Wizme products or services or other third-party services. These third parties will collect and store your personal information in accordance with their own privacy policies and procedures, which they will make known to you.
- The personal information that we collect may include, but is not limited to:
- your name;
- your contact details including your email, home/delivery address and billing address;
- your payment details; and
- other personal information that we collect in the course of a transaction on our websites.
- We only collect sensitive information in circumstances where you consent to the collection of this information, or it is reasonablynecessary for, or directly related to the purpose outlined above.
- We may collect personal information from individuals who are not customers of our business but whose personal information is given to us by those individuals via our website or in the course of a transaction.
- Where reasonably practicable, we attempt to collect information directly from individuals. When we collect information, we willgenerally explain to the individual why we are collecting it, who we give it to and how we will use or disclose it or, alternatively, those matters will be obvious from the circumstances.
- We will collect personal information from you by lawful and fair means and not in an unreasonably intrusive way.
- In addition to personal information, we may collect other information about you or the device you use to access our platforms. By using the website and agreeing to this policy, you grant us permission to place and store cookies on your browser. Cookies may be used by us to collect information about how you use websites you visit, including the following information:
- your computer or mobile device’s operating system;
- your computer or mobile device’s browser type and capabilities;
- your computer or mobile device’s Internet Protocol (IP) address and geolocation
- web pages visited, including how you were referred to each web page; and
- web page usage statistics, including the time spent on each web page.
- In addition, third parties may place and read cookies on your browser or use web beacons or similar technologies to collect information, including, where applicable, for the Google Trusted Stores program or other third party-affiliate marketing or aggregation services.
- Cookies can be managed by accessing the individual settings in your browser.
- We will not identify users or their browsing activities, except where required by law or in accordance with our Terms and Conditions of Use and Sale.
Using and Disclosing your Personal Information
- Generally, we use and disclose your personal information for the purpose of providing you with the goods or services that you have requested, or otherwise to enable us to carry out our business as an online retailer of goods and services.
- If those purposes for which we have collected the information involve providing personal information about an individual to any third party, we will take appropriate and reasonable steps to ensure any personal information is protected.
- We will generally only use personal information for marketing if you have given express or implied consent or it is impracticable to seek consent before this use.
- When registering with us, you consent to us using your personal information, such as your email address or phone number for direct marketing purposes. This includes sending you deal emails or SMS notifications about our products and services. You may opt out of receiving these direct marketing communications at any time and you can manage your subscription preferences in your account.
- When opting into ‘Notify Me’ emails, you consent to us sending you a notification email once a product on your Wishlist is back in stock. You may opt out of receiving these notification emails at any time and you can manage your notification preferences in the Wishlist section of your account.
- We may also provide your information to third parties that provide services to us, including third parties that provide our payment gateway, maintenance, website, marketing, loyalty and reward program, logistics, customer service and technology support services. This may include providing your information to third parties that are located outside of Australia. Where your personal information is transferred outside Australia (including the USA, UK, Hong Kong, the Philippines, Canada, India, Singapore, Brazil, Indonesia, Thailand, Lithuania and other member states of the EU), we will do so in accordance with APP 8.
- You agree and acknowledge that in the event we merge, sell or otherwise change control of our company, our business or the website to a third-party, you consent, without giving of prior notice, to our disclosure of your personal information and other data that we have collected from you to a third party or parties as part of such a transaction.
Security of Your Personal Information
- We take steps to protect the personal information we hold against loss, unauthorised access, use, modification or disclosure and against other misuse. When no longer required, personal information is destroyed in a secure manner or deleted.
Access to your Personal Information and Complaints Procedure
- Under the Privacy Act 1988 (Cth), you have certain rights to access the personal information we collect and hold about you
- Information we hold about you can be accessed by logging into your account on the website and checking the information in the My Account page. You should ensure the information, such as delivery address and email, is up to date and accurate.
- We take steps reasonable in the circumstances to ensure that the personal information that we collect, use and disclose is accurate, up to date and complete. Where an individual, requests to correct information, we will take reasonable steps to correct the information, having regard to the purpose for which it is held. You may lodge a request to correct personal information in the manner outlined in clause above.
- Subject to the exceptions of APP 12.3, you may make a request to receive any additional information we may hold about you, and we will provide this information to you within a reasonable time. When requesting such access please identify the precise type/s of information requested. You may make a request by sending a request through Contact Us page.
- To make a complaint about a breach of the Australian Privacy Principles, which includes how we handle your personal information, you may contact our team through the Contact Us page. We will endeavour to respond to your complaint within a reasonable time after it is received. If you are not satisfied by our response, you may acquire further information regarding privacy from theOffice of the Australian Information Commissioner.
Privacy Collection Statement
The personal information that we collect from you will include information you provide us when you
- register or subscribe to our website;
- complete a transaction with us; and
- contact us
We may further collect personal information from individuals who are not customers of our business but whose personal information is given to us by those individuals via our website, including our customer service, or in the course of a transaction.
All personal information will be collected by lawful means and not in an unreasonably intrusive way.
We also generally share your personal information
- with our sister sites,
- as required or authorised by law,
This may include providing your information to third parties that are located outside of Australia. Where your personal information is transferred outside Australia including the USA, UK, Hong Kong, the Philippines, Canada, India, Singapore, Brazil, Indonesia, Thailand, Lithuania and other member states of the EU. In cases where personal information has been disclosed to any third party, we will take appropriate steps to ensure your personal information is protected.
- access your personal information held by us and change that information, and
- complain about a breach of the Privacy Act 1988 (Cth) and how we will deal with such a complaint.
Smart Cookie Pty Ltd is operating under the business name Tong Garden and Tong Garden is a registered trademark of Smart Cookie Pty Ltd ABN 67 634 734 777).
Any reference to other businesses or third parties and their names and logos are their own respective registered trademarks and we don’t have any claim or liability over them and how they use your personal information.