1. Overview

(a) Carey Frances Garland t/a Lovers Rock (ABN 45 920 539 096) (us/we/our) operates a fashion designing, manufacturing and retailing business (Services). We have a website to promote our Services located at www.loversrock.com.au (Website).

(b) We are not bound by the Privacy Act 1988 (Cth) (Privacy Act). However, we take the privacy of personal information seriously.

(c) We will handle personal information that we collect or obtain in connection with the provision of our Services and your interactions with the Website and us in accordance with this Privacy Notice (Notice). For the purposes of this Notice, “personal information” has the meaning as defined in the Privacy Act.

(d) This Notice also contains information about how you may access and seek correction of your personal information held by us, and how to make complaints about any privacy-related concerns.

(e) If we change this Notice, we will display notice of changes on our Website or otherwise notify you in writing.

(f) If you provide a pseudonym to us or wish to remain anonymous in the course of requesting our Services, we may not be able to provide the full extent of our Services, however your use of the Website will not be limited.

2. How do we collect your personal information?

(a) We collect your personal information in the following circumstances:

(i) where you have requested our Services to be provided to you;

(ii) where you complete a form or registration process in relation to our Services on the Website, or otherwise;

(iii) where you ‘opt-in’ to marketing communications on the Website, or otherwise;

(iv) where you have inquired or otherwise communicated with us in person, over email or phone, or otherwise;

(v) where you are interacting with the Website, through the use of browser ‘cookies’ or trackers;

(vi) where you or your employer is a supplier or manufacturer partner of our business;

(vii) where your employer provides us with your personal information for the purposes of allowing us to contact a representative of your employer in relation to our Services; and

(viii) in such other situations, which we will inform you from time to time, where we collect personal information from you that is reasonably necessary for the proper function of our Services.

3. What personal information do we collect?

(a) The kinds of personal information we may collect from you will depend on your relationship with us and the nature of your interaction with us.

(b) We often collect and store names, addresses, e-mail addresses, phone numbers, geographical information, business information, credit or debit card information and other personal information that you may voluntarily provide to us to assist us to provide our Services or to otherwise interact with our business.

(c) Because of the nature of the Services we provide, we may require you to accurately identify yourself so that we can ensure that we invoice and deliver our Services to the intended party. If you provide contact details of a representative of your organisation for this purpose, you must provide accurate personal information of your representative as it is otherwise impracticable for us to provide our Services to your organisation.

4. What do we do with your personal information?

(a) We will not sell or trade your personal information to any third party, organisations or individuals without your consent, other than if we are required to do so by law.

(b) We may use and disclose your personal information for the following purposes:

(i) providing our Services to you;

(ii) to provide you with further information about products and services you requested;

(iii) to personalise your experience of our Services and the Website;

(iv) to respond to feedback and complaints;

(v) for the development of new services or products;

(vi) for enforcement of the Terms of Use on our Website;

(vii) for enforcement of contractual agreements for our Services or otherwise in relation to our business;

(viii) for direct marketing purposes;

(ix) to administer our customer loyalty program;

(x) to notify you of important changes to our Website or content on the Website that may be of interest to you; and

(xi) for any other purpose for which you give your consent.

(c) We may also disclose your personal information:

(i) to third parties used by us to assist with providing the Services that you have requested, including sub-contractors, our Website’ hosting provider and technology service providers;

(ii) to any duly authorised law enforcement officer, or any other person, authorised by any law to receive your personal information from us;

(iii) to lessen or prevent serious threats to the health and safety of an individual or the general public; and

(iv) to assist in locating missing individuals.

5. Do we send your personal information to parties outside Australia?

(a) From time-to-time, we use third-party service providers for digital cloud storage, web hosting or other technology-related services in connection with providing our Services. We may disclose your personal information to these third party services providers.

(b) As some of our third-party service providers operate globally, we cannot say with certainty where their servers are located or the countries out of which they operate at any given time. Further, these locations may be subject to change without notice to us.

6. Are we responsible for third parties websites and social media links?

This Notice applies solely to personal information collected with regard to providing our Services. We are not responsible for the collection of information and/or privacy practices of any third parties whose websites may be linked to on our Website, our social media accounts (e.g. Facebook, Twitter, YouTube) or in our e-mail communications to you. We refer you to the privacy policies and terms of use for the relevant third parties.

7. Will we send direct marketing communications to you?

(a) You agree that your personal information may be used by us to offer you new products and services, notify you of new developments to our Services, or to make other promotional communications to you related to our Services.

(b) If you do not wish to receive direct marketing communications from us, you may opt-out any time by clicking the link for opting-out in e-mail communications sent to you, or by contacting us (see section 11).

8. Do we collect personal information through cookies and analytics tools?

(a) When you visit our Website, we may collect information about your computer, page visits and internet connections using browser “cookies”. We will collect this information in order to improve the operation of our Website, direct the most appropriate content to you, and to remember your preferences for the next time you access our Website.

(b) We may use web analytics platforms like Google Analytics to collect data about visitor traffic to our Website as part of our information gathering processes). The data available to us through web analytics platforms is aggregate only and does not identify you personally.

(c) We do not merge any personal information we have collected from you with data obtained through cookies or Google Analytics.

(d) You are able to opt out of cookie technology through changing the settings on your browser, but this may affect the way you experience our Website.

(e) In the event that third party advertisements are placed on the Website, third party advertisers or ad servers may place or recognise a unique cookie on your browser. We are not responsible for the use of cookies by such third party advertisers or ad servers and we refer you to their own respective privacy policies.

9. How do we keep personal information secure?

(a) You should be aware that there are inherent risks associated with the transmission of information via the Internet. Data security measures can never be guaranteed. This means that while we take steps to protect your personal information, we cannot guarantee its security.

(b) If you suspect any misuse or loss or unauthorised access, modification or disclosure of your personal information provided to us, please contact us immediately.

10. Will we transfer your personal information?

If we are involved in a sale, merger, consolidation, change in control, transfer of substantial assets, reorganisation or liquidation, we may transfer, sell or assign your personal information collected by us to one or more relevant third parties in our sole discretion.

11. What if I have questions or complaints about this Notice?

(a) If you:

(i) have any questions about this Notice;

(ii) wish to request access to any personal information that we hold;

(iii) wish to correct or update your personal information that we hold; or

(iv) wish to make a complaint or discuss any other privacy concerns you may have;

please contact the Privacy Officer via email on info@loversrock.com.au

(b) We reserve the right to charge for reasonable expenses that we may incur in preparing and sending you a copy of your personal information.

(c) If you have a complaint or a privacy-related concern, please give us the opportunity to resolve matters by contacting us first using the methods outlined above. Once we have received a complaint, we will try to work with you to resolve the matter.

(d) For further information on privacy, you may wish to visit the websites of the Office of Australian Information Commissioner (OAIC): https://www.oaic.gov.au/.