In this Policy:
“Beans and Jazz, we, us, or our” means Amber Morrow trading as Beans and Jazz (ABN 11 531 486 850) of PO BOX 471, Paddington, NSW, 2021, Australia.
“Services” means the services offered by us from time to time, including but not limited to the ‘Beans and Jazz’ online retail store and the Website, and any feedback or other interaction between a user and us in the use of or in providing any of those services and includes services that are integrated with goods or services of a third party.
“personal information” “personal information” means any information or opinion about you which is personally identifiable, including, without limitation, your name, address, telephone number, date of birth, email address, financial details, Service access code, comments, personal descriptions, photos, video, audio, audiovisual and other information from which you can be identified and which you may disclose to us or otherwise via use of the Services or Site, whether the information or opinion is true or not; and whether the information or opinion is recorded in a material form or not.
“Website” means each website located at or available through the domain name www.beansandjazz.com.au and any other domain names as notified by us from time to time.
“user” means an individual who or accesses or uses the Services or a Website in any capacity or who deals with us in any other manner, including whether as an actual or prospective customer, supplier, prospective employee, authorised representatives of a customer or of us or a third party.
We are the owner of all information collected by or through the use of or access to any of the Services and any Website. We will not sell, share, or rent this information to others in ways different from what is disclosed in this Policy. We collect information from users at several different points during their interaction with us, including during the use of or access to the Services or Website and in several different ways including:
(a) Direct input by you – in order to use some of the Services you are required to provide certain personal information. If you do not provide certain information, you will not be able to use the Services. This information is clearly identified at the point of collection. Other personal information that is requested is optional (but encouraged so we can provide a more personalised experience for you).
You may provide personal information directly to us, verbally and in hard copy and electronic records or documents, whether stored in or provided by way of digital storage media, electronic communications, including through a computer, communications interface or application program interface (API) available over or through a Secure Sockets Layer (SSL) protocol.
(b) Submission by or collection from third parties – we may request third parties to provide or allow us access to and collection of information, including personal information that the third parties hold and are authorised or entitled to disclose, directly to us, verbally and in hard copy and electronic records or documents, whether stored in or provided by way of digital storage media, electronic communications, including through a computer, communications interface or API available over a SSL protocol.
(c) Log files – we use IP addresses to analyse trends, administer the Services and Website, and gather information for use in aggregated formats. To ensure the integrity of the data submitted by you we log information about sessions including IP address, number of login attempts, times of commencement and conclusion and the responses submitted.
(d) Publicly available personal information – we may source information, including personal information, from publicly available information sources.
(e) Surveys and promotional offers – we may request information via surveys or promotional offers. Participation in these surveys or promotional offers is voluntary. Information requested may include contact information (such as name and address), and demographic information (such as post code, age). Contact information will only be used to communicate with those who have opted to receive these offers. Aggregated survey information will be used for monitoring or improving the use and satisfaction of users.
(f) Newsletter – If you wish to subscribe (opt in) to one or more of our newsletters, we ask for contact information including name and email or postal address. All newsletters provide the recipient with the ability to discontinue (opt out) of the service at any time.
(g) Credit card information from users – If you establish a credit account with us or place an order for the Services, we request certain personal information from you in connection with the order, including contact information such as name, email, and postal address and financial information including credit or debit card number, CCV number and credit or debit card expiration date (“Financial Information“). We use this Financial Information to invoice and charge you for the use of Services including the purchasing of any products listed for sale on the Website, as well as to verify your contact information. When Financial Information is collected, it passes through our bank (and for transactions outside Australia, correspondent banks that may be used by our bank in respect of foreign currency transactions) for processing. We may retain and use some parts of that financial information (but never a credit or debit card number) as part of maintaining a record of transaction history and for account and service verification, fraud prevention and management, audit, complaints handling and dispute resolution purposes.
(h) All data, excluding financial information, is stored and processed on third party secure servers in Australia and overseas locations including the USA, UK and Canada.
We will only use fair and lawful ways to collect personal information. Sometimes we may need to collect information from third parties. However, we will collect personal information directly from you if it is reasonable and practicable to do so.
If you request that we deal with you using a pseudonym or anonymously, we will endeavour to do so, however due to the nature of the services we provide we may not able to provide you with the majority of our Services.
Information and Disclosure
Personal information – we may use and disclose your personal information (in whole or in part, and in identifiable and de-identifiable formats) in order to provide any Services or in relation to any service that is ancillary or necessary to the Services, including the delivery of purchased products, administration, management, account management, verification and auditing of services and our business, customer engagement, complaints handling, dispute resolution, product and services improvement and development, service support, developmental, research, statistical, analytical, validation and archival purposes (Purpose).
We retain and use all data that is collected during or as a result of any of the Services (other than data from a cookie as a result of a visit to or use of a Website) in order to maintain and improve the Services and to validate the integrity, accuracy and consistency of actions, values, methods, measures, principles, expectations, and outcomes underpinning our Services. This requirement is continuous and ongoing and means that this data is always retained and able to be used by us.
Disclosure to third parties – we will only disclose your personal information to third parties for a Purpose and with whom we have entered into an agreement that gives you (or that the law requires to give you) at least the same level of protection to your personal information as we do.
In the delivery of the Services we may disclose personal and sensitive and information to recipients in the United States of America, Canada and the United Kingdom.
Direct marketing – You consent to us using or disclosing your personal information for the purposes of direct marketing (including direct marketing by third parties), unless you have requested to opt-out of any direct marketing communications.
In any direct marketing campaign undertaken by or on behalf of us, we will provide a method for you to opt-out (if you have not already done so). If you wish to opt-out or you wish to no longer receive direct marketing communications please contact us at email@example.com or (02) 9332 1810.
You may as permitted by law request access to the personal information we hold about you. We may charge a small administration fee (not exceeding the maximum permitted by law) in relation to fulfilling a request for access to your personal information. On written request (and subject to verification of your identity), we will give you access to the personal information we hold about you. If any personal information we hold about you is out of date or inaccurate, we encourage you to let us know, and ask us to correct it. If we cannot accommodate your request, you will receive our reasons in writing.
Our Services that are offered online may contain links to other sites. Please be aware that we are not responsible for the privacy or data handling practices of any other sites.
We will take reasonable steps to ensure the personal information that we collect, hold, use or disclose is accurate, complete and up-to-date. We recommend you notify us if you change your address or contact details as soon as possible. This will help us to maintain your privacy by ensuring that any communications are sent to the correct postal address, email address, or telephone number. This can usually be done online or by contacting us at firstname.lastname@example.org.
We will take reasonable steps to protect your personal information from misuse, loss and unauthorised access, modification or disclosure. We will also take reasonable steps to destroy or permanently de-identify personal information if we no longer need it for any purpose.
For all online payments we use a third party payment gateway that is compliant with the PCI Security Standards Council PCI Data Security Standard (PCI-DSS). The PCI-DSS provides a framework for a robust payment card data security process.
WE MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, AS TO THE SECURITY OF YOUR DATA COMMUNICATIONS, CONTENT OR POSTINGS, OR THAT THIRD PARTIES WILL NOT GAIN UNAUTHORISED ACCESS TO OR MONITOR YOUR COMPUTER(S) OR YOUR ONLINE COMMUNICATIONS. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY SUCH UNAUTHORISED ACCESS OR USE OR ANY DAMAGES INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES.
Your personal information is protected under Australian law as applicable.
If you have any questions about the security of personal information held by us, we invite you to contact us at email@example.com.
Notification of Changes
If you wish to be notified of any changes other than by email please provide your preferred contact details and we will endeavour to respond to your request.
Our contact details:
Address: Beans and Jazz
PO BOX 471
Telephone: (02) 9332 1810
We will do our best to resolve your complaint as quickly as possible. If you are not satisfied with our response to your complaint, you can refer the matter to the Office of the Australian Information Commissioner. More information about the Office of the Australian Information Commissioner, the complaints process and how to lodge a complaint is available here www.oaic.com.au.
Last updated: 8 May 2015