Privacy Policy

INTRODUCTION

LUXOTIC.com.au (also referred to as “We” in this Privacy Policy) respect your privacy. We have developed this Privacy Policy to inform you of how we protect the Personal Information that we Collect, Use, Disclose and keep secure. It also covers how LUXOTIC.com.au makes the Personal Information it holds available for access to and correction by you.

This Privacy Policy has been drafted having regard to our obligations under the Privacy Act 1988 (Cth), the Privacy Amendment (Enhancing Privacy Protection) Act 2012 which includes the Australian Privacy Principles (collectively, the Privacy Act) and the Spam Act 2003 Cth (Spam Act). This Privacy Policy is a public document and has been prepared in light of Australian Privacy Principle 1 - Open and Transparent Management of Personal Information.

Please take a few minutes to review this Privacy Policy. By using the LUXOTIC.com.au Website, you are consenting to the Collection, Use and Disclosure of your Personal Information as set forth in this Privacy Policy.

1. COLLECTION OF PERSONAL INFORMATION

1.1 LUXOTIC.com.au Collects Personal Information about customers, prospective customers and Website users which is reasonably necessary for, or directly related to, one or more its functions or activities. We Collect your Personal Information in several ways, including but not limited to:

(a) the registration process on our Website;

(b) other instances in which you provide Personal Information via our Website;

1.2 The Personal Information that we Collect includes (but is not necessarily limited to): your first name, your last name and your email address.

1.3 At or before the time, or, if that is not practicable, as soon as practicable after, we Collect your Personal Information, we will notify you of the matters required pursuant to Australian Privacy Principal 5 – Notification of the Collection of Personal Information, by providing you with this Privacy Policy, or by notifying you of how you may access this Privacy Policy.

1.4 LUXOTIC.com.au will not Collect Personal Information secretly or in an underhanded way and will not sell your Personal Information to any third party.

2. HOW WE USE YOUR INFORMATION AND WHEN WE MAY DISCLOSE IT

2.1 LUXOTIC.com.au holds Personal Information which it has Collected to Use and/or Disclose for its Primary Purposes, including but not limited to:

(a) promoting special offers to you;

(b) answering your inquiry;

(c) sending you additional materials relating to LUXOTIC.com.au and products and services that may be of interest to you; and

(d) providing you with effective customer service.

2.2 LUXOTIC.com.au also holds Personal Information which it Uses and/or Discloses for purposes other than its Primary Purposes (Secondary Purposes). You provide your consent to us Using and/or Disclosing your Personal Information for the following Secondary Purposes:

(a) billing and account management;

(b) business planning and product development;

(d) improving the content, functionality and usability of our Website;

(e) improving our marketing and promotional efforts;

(f) displaying personalised advertising when you visit our Website;

(g) for any other purpose identified in any other agreement between LUXOTIC.com.au and you;

(h) issues, news or other information relevant to your dealings with LUXOTIC.com.au, or about LUXOTIC.com.au generally, or the industries in which you or LUXOTIC.com.au operates; and

(i) as otherwise described in this Privacy Policy.

2.3 LUXOTIC.com.au may Use and/or Disclose your Personal Information for any Secondary Purposes not included in this Privacy Policy if:

(a) the Secondary Purpose is related to a Primary Purpose; and

(b) you would have a Reasonable Expectation that we would Use the information for that Secondary Purpose.

2.4 From time to time we may Disclose your Personal Information to organisations outside of LUXOTIC.com.au in order to deliver the services you require. Your Personal Information is Disclosed to these organisations only in relation to us providing our services to you. These organisations carry out, amongst other services, our:

(a) billing and debt- recovery functions;

(b) customer inquiries;

(d) marketing services (including market research);

(e) website usage analysis; and

(f) to support or facilitate any of those activities described in Points 2.1 and 2.2 of this Privacy Policy

We will take reasonable practicable steps to ensure that these organisations are bound by confidentiality and privacy obligations in relation to the protection of your Personal Information.

If you purchase a product, we will disclose your name, address and other information necessary to complete the order to the merchant on whose behalf the deal is advertised (the Merchant). We will use reasonable endeavours to make sure that the Personal Information that we disclose to the Merchant on your behalf is the minimum necessary to complete the order.

3. DIRECT MARKETING

3.1 You consent to LUXOTIC.com.au Using and/or Disclosing any Personal Information Collected from you for Direct Marketing purposes, whether Collected via telephone, the Website, or otherwise, but subject to the terms of this Privacy Policy.

3.2 Unless otherwise provided in this Privacy Policy and in accordance with the Privacy Act and the Spam Act, LUXOTIC.com.au retains the right to Use and Disclose your Personal Information for Direct Marketing purposes:

(a) that has been Collected from you in circumstances where:

(i) you have provided consent to do so; or

(ii) it is within your Reasonable Expectations; or

(iii) where it is impracticable to obtain your consent;

(b) that has been Collected from any third party in circumstances where:

(i) you have provided consent to do so; or

(ii) it is impracticable to obtain your consent.

3.3 In each Direct Marketing communication, we will include a:

(a) prominent statement appearing on the relevant piece of marketing material notifying you of your right to Opt Out from further Direct Marketing; and

(b) simple means for you to Opt Out of receiving further Direct Marketing communications of that kind.

3.4 Should you Opt Out, we will stop Using and/or Disclosing your Personal Information for Direct Marketing purposes.

3.5 LUXOTIC.com.au will not Use your Sensitive Information for Direct Marketing purposes.

4. ENSURING INFORMATION IS ACCURATE AND UP-TO-DATE

We take reasonable precautions to ensure that the Personal Information we Collect, Use and Disclose is complete, relevant and up-to-date.

However, the accuracy of that information depends to a large extent on the information you provide. That's why we recommend that you:

(a) let us know if there are any errors in your Personal Information; and

(b) keep us up-to-date with changes to your Personal Information such as your name or address. You may change your personal details by using the relevant facility on our Website.

5. HOW WE PROTECT YOUR INFORMATION

5.1 LUXOTIC.com.au will take reasonable steps to protect the Personal Information from misuse, interference, loss and unauthorised access or disclosure. This may include taking reasonable steps to destroy or permanently de-identify Personal Information once it is no longer needed for any purpose for which it may be Used or Disclosed in accordance with Australian Privacy Principal 11.2, subject to the exceptions contained therein.

5.2 LUXOTIC.com.au will not attempt to match de-identified or anonymous data Collected through surveys or such online devices as "cookies", with information identifying an individual, without the consent of the relevant individual.

5.3 LUXOTIC.com.au requires employees and contractors to perform their duties in a manner that is consistent with LUXOTIC.com.au’s legal responsibilities in relation to privacy, including those in this Privacy Policy.

5.4 LUXOTIC.com.au will take reasonable steps to ensure that Personal Information is only accessible by people who have a genuine "need to know" as well as "right to know."

6. HOW YOU CAN ACCESS OR CORRECT YOUR INFORMATION

6.1 LUXOTIC.com.au will permit its records containing your Personal Information to be accessed by you when required by the Privacy Act. We may, however, refuse to provide you with access to your Personal Information if one or more of those matters contained in Australian Privacy Principle 12.3 - Access to Personal Information – applies, including but not limited to instances in which:

(a) we reasonably believe that giving you access to your Personal Information would pose a serious threat to the life or to the health and safety of any individual (including you);

(b) giving access to the information would have an unreasonable impact on the privacy of any other individual;

6.2 If LUXOTIC.com.au is satisfied that:

(a) having regard to the purpose for which the information is held, the information is inaccurate, out of date, incomplete or irrelevant or misleading; or

(b) you (as the person to whom the Personal Information relates) request that we correct the information;

we will take reasonable steps to correct our records containing your Personal Information as soon as practically possible in accordance with the Privacy Act.

6.3 If we have refused to grant you access to your Personal Information in accordance with Point 6.1 above, we will still take all reasonable steps to provide you with access to your Personal Information in a way that meets both your needs and our needs.

6.4 If you:

(a) wish to lodge a request to access and/or correct your Personal Information; or

(b) have been refused access to your Personal Information by us for any reason described in this Policy and you wish to challenge that refusal;

you may do so by contacting LUXOTIC.com.au’s Chief Operating Officer as per the details in in Point 12.

6.5 LUXOTIC.com.au will not normally charge a fee for processing an access request unless the request is complex or is resource intensive. LUXOTIC.com.au does, however, reserve the right to charge an administration fee if an individual requests access to their Personal Information more than once in a three month period.

6.6 Where LUXOTIC.com.au offers online account management facilities, customers can use this capability to control aspects of their account, including amending or updating certain Personal Information.

7. OPENNESS

7.1 LUXOTIC.com.au's Chief Operating Officer will be the first point of contact for inquiries about privacy issues. If you wish to make an inquiry or complaint regarding privacy you should do so by contacting this office as per the details in Point 12.

7.2 You will find that LUXOTIC.com.au Website contains a prominently displayed privacy statement and will include a copy of this Privacy Policy.

8. STAYING ANONYMOUS

8.1 LUXOTIC.com.au will not make it mandatory for visitors to its Website to provide Personal Information unless such Personal Information is required to answer an inquiry or provide a service. LUXOTIC.com.au may however request visitors to provide Personal Information voluntarily to LUXOTIC.com.au (for example, as part of a competition or questionnaire).

8.2 LUXOTIC.com.au will allow its customers to transact with it anonymously or by using a pseudonym wherever that is reasonable and practicable.

9. TRANSFERRING INFORMATION OVERSEAS

9.1 If we send Personal Information overseas, LUXOTIC.com.au will take steps which are both reasonable and practicable to ensure that the overseas recipient handles such information in accordance with the Privacy Act.

9.2 LUXOTIC.com.au may disclose Personal Information to an overseas recipient without complying with 9.1 if:

(a) you are Expressly Informed of the intended disclosure of your Personal Information to the overseas recipient, and you provide consent accordingly; or

(b) we reasonably believe that the overseas recipient is subject to a law or a binding scheme that has the effect of protecting the information in a way that, overall, is at least substantially similar to the way in which the Privacy Act seeks to protect same and you can access mechanisms to enforce the protection of your Personal Information under that law or that scheme; or

10. CHANGES TO THE PRIVACY POLICY

LUXOTIC.com.au may, in its sole discretion, update this Privacy Policy at any time and from time to time. Any changes will be effective when posted on the Website. Your continued use of the Website will indicate your acceptance of any changes to the Privacy Policy. All Personal Information, Collected both before and after any changes take effect, will be subject to the terms of the revised policy (for which you will be taken to have provided consent) unless you indicate otherwise by contacting LUXOTIC.com.au’s Chief Operating Officer as per the details in in Point 12. We urge you to refer back to this page regularly and especially prior to providing us with any Personal Information.

11. GLOSSARY

"Collect" means gather, acquire or obtain by a lawful and fair means, information in circumstances where the individual is identifiable or identified.

"Direct Marketing" involves the Use and/ or Disclosure of Personal Information to communicate directly with an individual to promote goods or services through written, verbal or electronic means of communication. The goods or services which are marketed may be those of LUXOTIC.com.au or a Related Body Corporate or those of an independent third party organisation.

"Disclosure" generally means the release of information outside LUXOTIC.com.au, including under a contract to carry out an "outsourced function."

"Express Consent Consequences" includes the fact that that we will not be accountable under the Privacy Act and you will not be able to seek redress under the Privacy Act in the event that you provide consent to the disclosure of your Personal Information by us to an overseas recipient and the overseas recipient handles your Personal information in breach of the Privacy Act.

"Expressly Informed" means the circumstance where we have provided you with a clear statement (either verbal or in writing) of the Express Consent Consequences.

"Opt Out" means an individual's expressed request not to receive further Direct Marketing communications.

"Personal Information" means information that is not Sensitive Information, including information or an opinion (whether information or an opinion forming part of a database), whether true or not and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained from the information or opinion. This includes, but is not limited to, an individual’s name, address, telephone number and email address.

"Primary Purpose" is the main reason for the Collection of any Personal Information.

"Reasonable Expectation" means a reasonable individual's expectation that their personal information might be Used or Disclosed for the relevant purpose.

"Related Body Corporate" is given its meaning in the Corporations Act 2001 (Cth).

"Secondary Purpose" means a purpose of Use or Disclosure other than a Primary Purpose.

"Sensitive Information" is given its meaning in section 6(1) of the Privacy Act 1988 (Cth).

"Use" means the handling of Personal Information within LUXOTIC.com.au.

"Website" means the website of LUXOTIC.com.au and related webpages.

12. CONTACTING LUXOTIC.com.au

If you have any questions about this privacy policy, any privacy related dealings with us or a possible breach of your privacy or would like further information about our information management practices, you can contact the Chief Operating Officer of LUXOTIC.com.au, care of the following details:

Chief Operating Officer
LUXOTIC.com.au
Email: service@LUXOTIC.com.au

This policy was last updated on 15 December 2014.