1 General
1.1 Unless otherwise specified, capitalized terms used in this Privacy Policy (Policy) have the same meaning in our Terms and Conditions of Service (Terms of Service).
1.2 In this Policy:
(a) Claim means any claim in law or equity, or under statute, for a remedy of any nature whatsoever, whether contingent, prospective, actual or otherwise and including any and all claims, actions, sums of money, arbitrations, suits, counterclaims, demands, causes of action, debts due, verdicts, judgments, Losses, account reckonings, proceedings and charges;
(b) Law means any law or legal requirement, including at common law, in equity, under any statute, regulation or by-law and any decision, directive, guidance, order, decree, guideline or requirements of any authority;
(c) Loss means any damage, loss, expense and cost whatsoever including any cost or expense regarding any Claim and any legal costs and expenses of any nature;
(d) User, you or your means any person who accesses and uses Zore Australia’s Website; and
(e) Website means www.zoreaustralia.com.au or any other website operated by Zore Australia.
1.3 This Policy forms part of and is incorporated into the Terms of Service.
1.4 This Policy has been prepared in accordance with applicable Australian privacy and data protection laws, including the Privacy Act 1988 (Cth) (Privacy Act) and the Australian Privacy Principles contained therein.
1.5 This Policy applies to Zore Australia’s collection and disclosure of your Personal Information (as defined in clause 2.2) when you use the Website or otherwise interact with Zore Australia.
1.6 This Policy is intended to describe what information Zore Australia collects and/or processes; how Zore Australia uses it; and under what circumstances, if any, Zore Australia discloses any Personal Information. Please read this Policy before using the Website or before submitting any Personal Information to Zore Australia. By using the Website or interacting with Zore Australia, you are accepting the practices described in this Policy.
1.7 Zore Australia may in its absolute discretion elect to amend or replace this Policy by uploading a revised Policy on the Website from time to time. A copy of the most up-to-date version of this Policy will be made available to view on the Website. Any changes made to this Policy will apply immediately from the date Zore Australia uploads the revised Policy onto the Website. In addition, Zore Australia may, but is not obliged to, notify you by email of any updates to this Policy. Zore Australia strongly encourages you to refer to this Policy on an ongoing basis to understand your rights under the Policy. Unless otherwise stated, the most current Policy will apply to all information Zore Australia has about you. If you do not agree with the practices outlined in this Policy, you must immediately stop accessing the Website or interacting with Zore Australia.
2 Types of Information Collected
2.1 When you use the Website or interact with Zore Australia, Zore Australia may collect your Personal Information, Sensitive Information, and Statistical Information – all of which are defined in clauses 2.2, 2.3, and 2.4 below, respectively.
2.2 Personal Information includes information which identifies a natural person, or by which the person’s identity may be reasonably determined. It may (potentially) include a person’s full name, mailing or residential address, date of birth, bank account details, signature, credit card details, phone number and email address, as well as potentially Sensitive Information. For the purpose of this Policy, the term Personal Information also includes:
(a) information we collect through your interactions with Zore Australia or other interactions with content on the Website; and
(b) Personal Information obtained from a third party which, under and in accordance with the Privacy Act, may lawfully be exchanged.
2.3 Sensitive Information includes information (or an opinion) about an individual’s racial or ethnic origin, political opinions, membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual orientation or practices or criminal record, as well as information about an individual’s health, genetic information or biometric information.
2.4 Statistical Information includes the internet protocol (IP) address of your device used to connect to the Website created by Zore Australia, time zone setting, language preferences, location data, information about your browser, phone, hardware and software (including your hardware model, operating system version, device memory, advertising or unique application or device identifiers and (potentially) information about your applications installed, battery level, as well as other information which does not identify you personally, but which tracks your usage of the Website or interaction with Zore Australia.
2.5 Zore Australia also collects information automatically (through the use of cookies) on the Website, as discussed in this Policy further below.
3 Personal Information about third parties
3.1 If at any time you supply Zore Australia with Personal Information or Sensitive Information about another person, you must ensure that you have written consent from that person to do so, and you must agree to inform that person about Zore Australia, this Policy, and the fact that Zore Australia may use and disclose their Personal Information in accordance with and for the purposes outlined in this Policy.
4 How Zore Australia Collects Personal Information
4.1 Zore Australia will not ordinarily collect any Personal Information about you except where you provide it to Zore Australia (either directly or interacting with content on the Website), or where it is provided to Zore Australia with your authority.
4.2 Zore Australia collects Personal Information when you: (a) interact with content on the Website; (b) provide Zore Australia with feedback, make an inquiry or request of Zore Australia (for example, under a warranty claim) or make a complaint; and/or (c) do business with Zore Australia.
4.3 In the event Zore Australia receives unsolicited Personal Information about you (i.e., where Zore Australia has taken no active steps to collect the Personal Information), it will only be collected where: (a) such collection is reasonably necessary for one or more of Zore Australia’s functions or activities; and (b) Zore Australia either: (i) obtains your consent; or (ii) is authorized or required to do so by Law.
4.4 Where clause 4.3 does not apply, Zore Australia will (as soon as practicable) destroy or de-identify any unsolicited Personal Information that Zore Australia receives.
4.5 Where clause 4.3 applies, Zore Australia will treat the Personal Information in accordance with the Privacy Act and this Policy.
5 How Zore Australia uses Personal Information
5.1 Zore Australia will collect Personal Information for the purposes set out in clauses 5.2 to 5.4 inclusive. Zore Australia will make every reasonable effort to advise you of the purposes for which Zore Australia is required to collect your Personal Information before that Personal Information is to be collected.
5.2 To provide, develop, and improve the Services, You authorize Zore Australia to use your Personal Information to:
(a) contact you in relation to your use of the Website or your interaction with Zore Australia, including (without limitation) to notify you of any
modifications to our Terms of Service or this Policy;
(b) notify you about promotions or other communications; (c) make improvements to the Website. For example, Zore Australia may track any troubleshooting issues and compatibility issues with various operating platforms and devices to ensure you have proper and stable access to the Website, and to implement updates where necessary; and
(d) measure the performance of Zore Australia’s services and to understand how its services are used. For example, Zore Australia may analyze users’ interactions with the Website so Zore Australia can optimize the experience of its users.
5.3 To ensure compliance Additionally, the purposes for which Zore Australia will generally collect and use your Personal Information (for which you authorize Zore Australia to do so) will include:
(a) to comply with all Laws (including but not limited to, where considered necessary by Zore Australia, verifying your identity to prevent fraud or other unauthorized or illegal activity);
(b) to perform Zore Australia’s administrative operations, including accounting, risk management, payment processing, record-keeping, archiving, and development and testing; and
(c) to manage Zore Australia’s rights and obligations under the Terms of Service or this Policy;
5.4 Marketing Communications Zore Australia may send you email marketing communications to:
(a) provide you with information about Zore Australia’s Website, products, or services;
(b) invite you to participate in promotions or ask you for feedback; and/or
(c) communicate with you for other marketing purposes.
In doing so, Zore Australia will always provide you with the option to unsubscribe from Zore Australia’s marketing communications. If you do not want to receive marketing communications from Zore Australia, please contact Zore Australia through the Website or by email.
6 Disclosure of Personal Information
6.1 By accessing the Website or interacting with Zore Australia, you consent to the disclosure of your Personal Information in accordance with this Policy.
6.2 Zore Australia takes the protection of your Personal Information very seriously. Zore Australia will only disclose your Personal Information to its employees, officers, insurers, professional advisers, agents, or contractors (including potentially where these parties are based overseas) and insofar as such disclosure is necessary to enable Zore Australia to perform its obligations and to act in accordance with this Policy. Such Personal Information will not be disclosed or used other than as specified in this Policy without your express consent, which will be stored in Zore Australia’s records.
6.3 Zore Australia will not use or disclose your Personal Information for any purpose other than as disclosed in this Policy unless: (a) Zore Australia has obtained your consent to its use or disclosure; or (b) the purpose is related to the purposes disclosed in this Policy, and an individual would reasonably expect Zore Australia to use or disclose that Personal Information in that manner.
6.4 Zore Australia may also disclose your Personal Information to other third parties from time to time. Subject to what is permitted by Law, the types of third parties to whom Zore Australia may disclose your Personal Information may include:
(a) Zore Australia’s agents, contractors, and external advisors (such as legal and financial advisors) whom Zore Australia engages from time to time to carry out or advise on Zore Australia’s functions and activities;
(b) business partners; and/or
(c) regulatory bodies, government agencies, law enforcement agencies, and courts.
6.5 Unless otherwise specified in this Policy or as required by Law, you authorize Zore Australia to disclose your Personal Information and Statistical Information to third parties:
(a) where Zore Australia assigns, transfers, sells or otherwise licenses its rights under the Terms of Service to a third party. Where this occurs, Zore Australia will (if possible) notify you using the Personal Information provided;
(b) where Zore Australia reasonably believes (acting in good faith) that such disclosure is necessary in order to investigate, prevent or take action regarding illegal activities (including without limitation suspected fraud), situations involving potential threats to the physical safety of any person, violations of the Terms of Service or this Policy, or as otherwise required by Law;
(c) in a business transaction including (but not limited to) a merger with or acquisition by another company, or the sale of all or a substantial portion of Zore Australia’s assets, of which your Personal Information and Statistical Information may be among the assets transferred. Where this occurs, Zore Australia will (if possible) notify you using the Personal Information provided; and
(d) where such disclosure is required by Law, or where Zore Australia reasonably believes in good faith that such disclosure is necessary to protect Zore Australia’s rights.
6.6 You consent to Zore Australia disclosing Statistical Information to third parties, including, without limitation, analytics companies and Zore Australia’s business partners, to help Zore Australia understand usage patterns, to assist in Website and product development, and for advertising purposes (subject to what is permitted by Law).
6.7 Zore Australia may from time to time disclose your Personal Information to overseas entities who may not be bound by Australian Law. Where Zore Australia discloses your Personal Information to overseas recipients, Zore Australia will make every reasonable effort in the circumstances to ensure that the overseas recipients comply with this Policy and any applicable Australian Law concerning the protection of Personal Information unless:
(a) Zore Australia reasonably believes that the overseas recipient is bound by Laws that are substantially similar to the Privacy Act which can be enforced against the overseas recipient; or
(b) you give Zore Australia informed consent to the disclosure of your Personal Information to an overseas recipient who may not be bound by Australian Law; or
(c) the disclosure to an overseas recipient is authorized or required by Australian Law (including the Privacy Act).
7 How Zore Australia Uses Cookies
7.1 If you continue to access the Website, you agree to Zore Australia’s use of tracking technologies, referred to as cookies, to track and record your usage. Cookies are text files placed on your computer to collect standard internet log information and visitor behaviour information. 7.2 When you access or use the Website, Zore Australia will automatically use cookies to collect technical information including:
(a) Statistical Information; and
(b) information about your interaction with the Website, activity on third party websites which are linked to the Website, and views and interactions with Content.
7.3 You may control the technical information Zore Australia collects, including through your browser or device settings. In doing so, you: (a) acknowledge some of Zore Australia’s services may not function properly if you choose to disable cookies; and (b) release Zore Australia and any of its related bodies corporate from any and all Claims, liability and Losses which may arise out of, result from, or relate in any way to your decision to disable cookies (including any limitation on your ability to use the Services).
8 Your Rights Under this Policy
8.1 This clause 8 sets out the rights you have in relation to how your Personal Information is obtained and used.
8.2 Except as otherwise provided by Law, you have the following rights in connection with your Personal Information we have collected:
(a) the right to be informed how your Personal Information is being used;
(b) the right to access your Personal Information (and Zore Australia will provide you with a free copy of it);
(c) the right to correct your Personal Information if it is inaccurate or incomplete;
(d) the right to restrict processing of your Personal Information;
(e) the right to retain and reuse your Personal Information for your own purposes;
(f) the right to object to your Personal Information being used; and
(g) the right to object against automated decision making and profiling.
8.3 You are encouraged to contact Zore Australia at any time if you wish to exercise your rights in relation to this Policy. Zore Australia reserves the right to request you verify your identity before Zore Australia acts on any request made by you.
9 Storage of Personal Information
9.1 Zore Australia implements a variety of security measures to maintain the safety of your Personal Information. Your Personal Information is held on our company servers located in Belmont (as determined by Zore Australia from time to time) in a controlled, secure environment where it is protected from unauthorised access, use or disclosure.
9.2 Zore Australia’s servers may at times be located overseas in countries which are not bound by the Privacy Act, including, without limitation, the United States of America, and you hereby expressly consent to the disclosure of your Personal Information to overseas recipients. In doing so, you agree that Zore Australia is not obliged to ensure that the overseas recipient does not breach the Australian Privacy Principles in relation to that information.
10 Security of Personal Information
10.1 Zore Australia will use all reasonable efforts to keep secure your Personal Information, Statistical Information and all other information that you transmit to Zore Australia through your use of Website, your interaction with Zore Australia or otherwise. Zore Australia will take all reasonable care to protect and prevent unauthorised access to, or modification and disclosure of, your Personal Information.
10.2 Notwithstanding clause 10.1 above, you acknowledge the internet is inherently insecure and no data transmission online can be guaranteed as fully secure. Accordingly, Zore Australia cannot guarantee or warrant the security of any information (including Personal Information) you provide through your use of the Website. You understand that any Personal Information you provide to us is done so at your own risk.
10.3 If Zore
Australia becomes aware of a breach of security in relation to your Personal Information, Zore Australia will immediately use its best endeavours to take action to remedy the security breach, in order to limit the risk caused by unauthorised access to, or unauthorised disclosure of, your Personal Information before any serious harm is suffered as a result of the breach.
10.4 If Zore Australia becomes aware of a breach of security, and a third party has, without authorisation:
(a) accessed your Personal Information; or
(b) disclosed your Personal Information to another third party,
(Data Breach), and a reasonable person would conclude that such unauthorised access or disclosure is likely to result in serious harm to you, then Zore Australia will (as required by Law) notify you and the Office of the Australian Information Commissioner (OAIC) with details of the Data Breach, including details of how Zore Australia believes the Data Breach has occurred and to what Personal Information such Data Breach relates, and the steps that you can take in response to the Data Breach.
10.5 If Zore Australia becomes aware of a Data Breach in which your Personal Information is lost, and Zore Australia has reasonable grounds to believe that:
(a) unauthorised access to, or unauthorised disclosure of, your Personal Information is likely to occur; and
(b) if unauthorised access to, or unauthorised disclosure of, your Personal Information occurs, a reasonable person would conclude that such unauthorised access or disclosure is likely to result in serious harm to you, Then Zore Australia will notify you and the OAIC with the details of the Data Breach, including details of how Zore Australia believes the Data Breach has occurred and to what Personal Information such Data Breach relates, and the steps that you can take in response to the Data Breach.
10.6 You acknowledge and understand that if you access the Website from outside Australia, other entities including, potentially, foreign governments, may collect, use and disclose your Personal Information in ways which differ from this Policy and the Laws of Australia, and that Zore Australia will in such circumstances have no control over such collection of your Personal Information (and are not liable in relation to such collection).
11 How long your Personal Information is stored
11.1 You consent to Zore Australia retaining your Personal Information for as long as necessary to fulfill the purposes for which Zore Australia has collected it, including in order to satisfy any Law.
11.2 To determine the appropriate retention period for Personal Information, Zore Australia will consider the amount, nature and sensitivity of the Personal Information collected from you, the potential risk of unauthorized use or disclosure of your Personal Information, the purposes for which Zore Australia processes the Personal Information, and whether Zore Australia can achieve those purposes through other means. Zore Australia will also at all times have regard to the applicable legal requirements under the Privacy Act (as applicable).
12 Third parties
12.1 Where Zore Australia provides your Personal Information to third parties in accordance with this Policy, you acknowledge and agree that:
(a) the use of your Personal Information by third parties is not in Zore Australia’s reasonable control;
(b) third-party websites may place their own cookies or other files on your computer or telephone, solicit Personal Information from you, and may or may not use your Personal Information in accordance with their own privacy policies, which may differ from this Policy; and
(c) it is your responsibility to familiarize yourself with the privacy policy of any third-party website you visit which collects Personal Information about you and to use your discretion when providing such information.
12.2 If Zore Australia discloses Personal Information to a third party, Zore Australia will always act to protect it in accordance with this Policy
. However, you agree that Zore Australia will not be liable for any Loss or liability which may be incurred as a result of, or in connection with, or in relation to any use of your Personal Information by a third party to whom Zore Australia validly disclosed the Personal Information (and you agree to make no claim against Zore Australia in that regard).
13 How to Contact Zore Australia
13.1 If you believe that the privacy of your Personal Information has been compromised or has not been used in accordance with this Policy, you should contact Zore Australia as soon as possible using the means on the Website or at support@zoreaustralia.com.au.
14 How to Contact the Office of the Australian Information Commissioner
If you do not receive a satisfactory response from Zore Australia, or you believe that Zore Australia has not handled your complaint satisfactorily, you may wish to refer your complaint to the Office of the Australian Information Commissioner at:
Address: GPO Box 5218, Sydney NSW 2001
Email: enquiries@oaic.gov.au
Phone: 1300 363 992
.