Swoon Australia PTY LTD complies with:
- Information Privacy Principles contained in the Privacy Act 1988 (Cth) in relation to its non-commercial activities.
- National Privacy Principles contained in the Privacy Act 1988 (Cth) in relation to its commercial activities.
- Privacy Amendment Act 2012.
- Australian Privacy Principles (APPs)
- Australian Direct Marketing Association Code of Practice in relation to how we market to our customers.
- Privacy and secrecy requirements contained in Part 7B of the Australian Postal Corporation Act 1989 (Cth) in relation to our handling of mail and postal information.
- Spam Act 2003 (Cth) in relation to electronic marketing; and
- Do Not Call Register Act 2006 (Cth) in the event that any telemarketing is undertaken.
This policy does not create or confer upon any individual any rights or impose upon Swoon Australia PTY LTD any rights or obligations outside of, or in addition to, those rights or obligations imposed by the Privacy Act 1988 (Cth), Australian Privacy Principles, the Spam Act 2003 (Cth), the Do Not Call Register Act 2006 (Cth) or related legislation (‘the legislation’). Should there be, in a specific case, any inconsistency between this statement and the Act, this statement shall be interpreted, in respect of that case, to give effect to, and comply with the legislation.
This policy includes examples but is not intended to be restricted in its application to such examples, therefore where the word ‘including’ is used, it shall mean ‘including without limitation’.
We use personal information you provide only for purposes consistent with the reason you provided it, or for a directly related purpose.
Generally, we will not use your personal information to market to you unless we have either your implied or express consent but in situations where it is impractical to obtain your prior consent, we will ensure you have an ability to opt out of future such communications.
Uses & Sharing
We do not share your personal information with other organisations unless you give us your express consent, or where sharing is otherwise required or permitted by law, or where this is necessary on a temporary basis to enable our contractors to perform specific functions.
When we temporarily provide personal information to companies who perform services for us, such as specialist information technology companies, mail houses or other contractors to Swoon Australia PTY LTD we require those companies to protect your personal information as diligently as we do.
Rights & Choices
You may interact with us anonymously where this is lawful and practicable.
You have the right to request access to the personal information you provide, and to correct or update your personal information. This right is subject to certain exceptions allowed by law.
You may instruct us to remove any previous consent you provided to receive marketing communications from us.
IP Addresses, Cookies and Third Party Analytics
Swoon Australia PTY LTD’s web servers gather your IP address to help troubleshoot issues with our services, and to monitor the use of our site, including the location of our users.
In order to better understand our users, Swoon Australia PTY LTD utilises third party measurement companies to assess site traffic. A tracking code is used to collect the information on the usage of the Site, including:
- The number of page views (or page impressions) that occur,
- The number of unique visitors,
- How long these unique visitors (on average) spend on the site, and
- Common entry and exit points/pages into the site.
This aggregated, non-personal information is provided to Swoon Australia PTY LTD to assist in analysing the usage of the site.
Generally, Swoon Australia PTY LTD will collect personal information directly from you, and only to the extent necessary to provide a Swoon Australia PTY LTD product or service, including our agency functions, or to carry out our internal administrative operations. An agency function means a service that we provide to you on behalf of another organisation.
We may collect personal information from you when:
- you fill in an application form.
- deal with us over the telephone.
- e-mail us.
- ask us to contact you after visiting our web site; or
- have contact with us in person.
You may also be able to transact with us anonymously where this is lawful and practicable.
We will collect personal information from you by lawful and fair means and not in an unreasonably intrusive way.
We will use your personal information only for the particular purpose that you provided it, or for a directly related purpose. We may otherwise use your personal information where that other use is:
- required or permitted by law; or
- with your express or implied consent.
Direct marketing and your privacy
From time to time we may use the personal information we collect from you to identify particular Swoon Australia PTY LTD products and services which we believe may be of interest to you. We may then contact you to let you know about these products and services and how they may benefit you. We will generally only do this with your consent, and we will always give you a choice to opt out of receiving such information in future.
Where we use your personal information to send you marketing information via the post we may do so with your implied consent or, if this is impracticable, we will ensure that you are provided with an opportunity to tick an “opt out” box to ensure you do not receive future such communications. By not ticking a clearly displayed “opt out” box, we will assume we have your implied consent to receive similar marketing communications in the future. We will always ensure that our opt out notices are clear, conspicuous and easy to take up.
Where we use your personal information to send you marketing information by e-mail, SMS, MMS or other electronic means we may do so with your express or implied consent. You may give us your express consent by, for example, ticking a box on an electronic or paper form where we seek your permission to send you electronic or other marketing information. Consent may be implied from our existing business relationship or where you have directly or indirectly provided us with your electronic address.
All of our electronic marketing activities will comply with the requirements of the Spam Act 2003 (Cth).
Swoon Australia PTY LTD usually does not engage in telemarketing activities to our consumer customers. Generally, such marketing is only ever used in relation to our business customers. Should any consumer telemarketing be done or authorised by Swoon Australia PTY LTD, will to the extent that it applies, comply with the:
- Do Not Call Register Act 2006 (Cth).
- Do Not Call Register (Consequential Amendments) Act 2006 (Cth).
- Telecommunications (Do Not Call Register) (Telemarketing and Research Calls) Industry Standard 2007.
Your privacy preferences and choices
Every personalised marketing contact sent or made by Swoon Australia PTY LTD will include a means by which customers may opt of receiving further marketing information.
You may instruct us at any time to remove any previous consent you provided to receive marketing communications from us.
We have a strict duty to maintain the privacy of all personal information we hold about you. However, certain exceptions do apply. For example, where disclosure of your personal information is:
- authorised or required by law
e.g., disclosure to various government departments and agencies such as the Australian Taxation Office, CentreLink, Child Support Agency, or disclosure to courts under subpoena.
- in the public interest
e.g., where a crime, fraud or misdemeanour is committed or suspected, and disclosure against the customer’s rights to confidentiality is justified.
- with your consent
Your consent may be implied or express and it may also be verbal or written.
Use of third-party service providers
When we temporarily provide personal information to companies who perform services for us, such as specialist information technology companies, mail houses or other contractors to Swoon Australia PTY LTD we require those companies to protect your personal information as diligently as we do. Stringent contractual and other quality assurance measures are used to ensure your personal information is protected.
Access to your personal information
Swoon Australia PTY LTD will, upon your request, and subject to applicable privacy laws, provide you with access to your personal information that is held by us. However, we ask that you identify, as clearly as possible, the type/s of information requested.
Swoon Australia PTY LTD will deal with your request to provide access to your personal information in a reasonable time – usually within 30 days of receipt of your request.
Swoon Australia PTY LTD will not charge you for lodging such a request but we may recover from you our reasonable costs incurred in supplying you with access to this information.
Your right to access your personal information is not absolute. In certain circumstances, the law permits us to refuse your request to provide you with access to your personal information, such as circumstances where:
- Access would pose a serious threat to the life or health of any individual.
- Access would have an unreasonable impact on the privacy of others.
- The request is frivolous or vexatious.
- The information relates to a commercially sensitive decision-making process.
- Access would be unlawful; or
- Access may prejudice enforcement activities, a security function or commercial negotiations
Freedom of Information laws
In addition to privacy laws, you may have rights to access your personal information contained in certain Swoon Australia PTY LTD documents. Details on how to apply for access to these documents are contained in the Freedom of Information Act 1982 (FOI Act).
Swoon Australia PTY LTD is committed to keeping your trust by protecting and securing your personal information.
We employ appropriate technical, administrative and physical procedures to protect personal information from unauthorised disclosure, loss, misuse or alteration.
We limit access to personal information to individuals with a business need consistent with the reason the information was provided. We keep personal information only for as long as it is required for business purposes or by the law.
Further information on privacy
You can obtain further general information about your privacy rights and privacy law from the Office of the Australian Information Commissioner by:
- Calling their Privacy Hotline on 1300 363 992
- visiting their web site at www.privacy.gov.au(External link)
- writing to:
The Australian Information Commissioner
GPO Box 5218
Sydney NSW 1042
Swoon Australia PTY LTD is committed to working with its customers to obtain a fair resolution of any complaint or concern about privacy.
To contact us with a compliment or complaint or a privacy question, you can write to us at:
Swoon Australia PTY LTD
Privacy Contact Officer