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Privacy Policy


This Privacy Policy describes how www.teenycherubs.com.au (“Website” or “we”) collects, uses, and discloses your Personal Information when you visit or make a purchase from the Website.

Collecting Personal Information

When you visit the Website, we collect certain information about your device, your interaction with the Site, and information necessary to process your purchases. We may also collect additional information if you contact us for customer support. In this Privacy Policy, we refer to any information that can uniquely identify an individual (including the information below) as “Personal Information”. Our policies, procedures and systems ensure compliance with our obligations under the Privacy Act 1988 (the “Act”) and the Australian Privacy Principles (“APPs”). 

Personal information 

We will only collect your personal information that is reasonably necessary to carry out our business. 

Sensitive Information

Some information has a higher level of privacy protection than other personal information. We will only collect your sensitive information when we have obtained your consent and it is reasonably necessary for carrying out our duties.

Exceptions for the need for consent 

We will not need your consent to collect your sensitive information when it is required or authorised by law or when a permitted situation exists under the Act.

See the list below for more information about what Personal Information we collect and why.

Device information

- Examples of Personal Information collected: version of web browser, IP address, time zone, cookie information, what sites or products you view, search terms, and how you interact with the Site.
- Purpose of collection: to load the Site accurately for you, and to perform analytics on Site usage to optimize our Site.
- Source of collection: Collected automatically when you access our Site using cookies, log files, web beacons, tags, or pixels.
- Disclosure for a business purpose: shared with our processor Shopify.

Order information

- Examples of Personal Information collected: name, billing address, shipping address, payment information (including credit card numbers), email address, and phone number.
- Purpose of collection: to provide products or services to you to fulfill our contract, to process your payment information, arrange for shipping, and provide you with invoices and/or order confirmations, communicate with you, screen our orders for potential risk or fraud, and when in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
- Source of collection: collected from you.
- Disclosure for a business purpose: shared with our processor Shopify.

Customer support information

- Examples of Personal Information collected: name, phone number, address. 
- Purpose of collection: to provide customer support.
- Source of collection: collected from you.
- Disclosure for a business purpose: none.

Sharing Personal Information

We share your Personal Information with service providers to help us provide our services and fulfill our contracts with you, as described above. For example:

- We use Shopify to power our online store. You can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy.
- We may share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

Using Personal Information

We use your personal Information to provide our services to you, which includes: offering products for sale, processing payments, shipping and fulfillment of your order, and keeping you up to date on new products and offers. 

By providing your personal information, you agree to its use and disclosure in accordance with this statement and the below Privacy Policy. 

If you do not agree, you must not provide your personal information, and we may not be able to supply you with the products you require.

We may use and disclose your personal information for direct marketing purposes, unless you opt out. 

Lawful basis

We will only collect your personal information by lawful and fair means.

Pursuant to the General Data Protection Regulation (“GDPR”), if you are a resident of the European Economic Area (“EEA”), we process your personal information under the following lawful bases:

- Your consent;
- The performance of the contract between you and the Website;
- Compliance with our legal obligations;
- To protect your vital interests;
- To perform a task carried out in the public interest;
- For our legitimate interests, which do not override your fundamental rights and freedoms.

Retention

When you place an order through the Website, we will retain your Personal Information for our records unless and until you ask us to erase this information. For more information on your right of erasure, please see the ‘Your rights’ section below.

Automatic decision-making

If you are a resident of the EEA, you have the right to object to processing based solely on automated decision-making (which includes profiling), when that decision-making has a legal effect on you or otherwise significantly affects you.

We do not engage in fully automated decision-making that has a legal or otherwise significant effect using customer data.

Our processor Shopify uses limited automated decision-making to prevent fraud that does not have a legal or otherwise significant effect on you.

Services that include elements of automated decision-making include:

- Temporary denylist of IP addresses associated with repeated failed transactions. This denylist persists for a small number of hours.
- Temporary denylist of credit cards associated with denylisted IP addresses. This denylist persists for a small number of days.

Your rights

Cookies

A cookie is a small amount of information that’s downloaded to your computer or device when you visit our Site. We use a number of different cookies, including functional, performance, advertising, and social media or content cookies. Cookies make your browsing experience better by allowing the website to remember your actions and preferences (such as login and region selection). This means you don’t have to re-enter this information each time you return to the site or browse from one page to another. Cookies also provide information on how people use the website, for instance whether it’s their first time visiting or if they are a frequent visitor.

We use the following cookies to optimize your experience on our Site and to provide our services.

Cookies Necessary for the Functioning of the Store

Name Function
_ab Used in connection with access to admin.
_secure_session_id Used in connection with navigation through a storefront.
cart Used in connection with shopping cart.
cart_sig Used in connection with checkout.
cart_ts Used in connection with checkout.
checkout_token Used in connection with checkout.
secret Used in connection with checkout.
secure_customer_sig Used in connection with customer login.
storefront_digest Used in connection with customer login.
_shopify_u Used to facilitate updating customer account information.

Reporting and Analytics

Name Function
_tracking_consent Tracking preferences.
_landing_page Track landing pages
_orig_referrer Track landing pages
_s Shopify analytics.
_shopify_s Shopify analytics.
_shopify_sa_p Shopify analytics relating to marketing & referrals.
_shopify_sa_t Shopify analytics relating to marketing & referrals.
_shopify_y Shopify analytics.
_y Shopify analytics.

 

The length of time that a cookie remains on your computer or mobile device depends on whether it is a “persistent” or “session” cookie. Session cookies last until you stop browsing and persistent cookies last until they expire or are deleted. Most of the cookies we use are persistent and will expire between 30 minutes and two years from the date they are downloaded to your device.

You can control and manage cookies in various ways. Please keep in mind that removing or blocking cookies can negatively impact your user experience and parts of our website may no longer be fully accessible.

Most browsers automatically accept cookies, but you can choose whether or not to accept cookies through your browser controls, often found in your browser’s “Tools” or “Preferences” menu. For more information on how to modify your browser settings or how to block, manage or filter cookies can be found in your browser’s help file or through such sites as www.allaboutcookies.org.

Additionally, please note that blocking cookies may not completely prevent how we share information with third parties such as our advertising partners. To exercise your rights or opt-out of certain uses of your information by these parties, please follow the instructions in the “Behavioural Advertising” section above.

Do Not Track

Please note that because there is no consistent industry understanding of how to respond to “Do Not Track” signals, we do not alter our data collection and usage practices when we detect such a signal from your browser.

Collection of personal information

We only collect personal information in a lawful and fair way. If practical, we will collect the information directly from you and not from third parties. We may also collect your information via telephone, other correspondence (letter, fax or email) and when you make a purchase on our website.

Unsolicited personal information

If we receive personal information which we determine we could not have collected under APP, we will either destroy or de-identify this information as soon as practicable, unless it is unlawful or unreasonable to do so.

Notification of collection

When we collect your personal information, or as close as possible to the time we collected your personal information, we will notify you of the following:

-   our identity and contact details;
-   the fact and way in which we collected your personal information;
-   if collecting your personal information is required or authorised by law;
-   the reasons we have collected your personal information;
-   the consequences if we do not collect your personal information;
-   our usual disclosures of the kind of personal information being collected;
-   how you may access and correct your personal information;
-   information about our Privacy Policy; and
-   whether we are likely to disclose your personal information to overseas recipients and if practical, the countries where they are located.

Use and Disclosure of Personal Information

We will only use or disclose your personal information for the reason we collected it (Primary purpose), including for direct marketing activities.

We will not use or disclose your personal information for another reason (Secondary purpose) unless an exception applies. Exceptions include:

- you have provided your consent;

- we use or disclose your personal information because it is reasonably necessary for enforcement-related activities carried out by, or on behalf of, an enforcement body.

- a secondary purpose is required or authorised under an Australian law, or court, or tribunal order.

DIRECT MARKETING

Direct marketing involves the use and/or disclosure of personal information to communicate directly with an individual to promote goods or services.

We may use or disclose your personal information for the purpose of direct marketing if:

-   we have collected your personal information from you; 
-   you reasonably expect us to use your personal information for that purpose;
-   we have provided you with a simple way to request not to receive direct marketing communications from us ("opt out"); and
-   you have not made such a request to us.

Sensitive information 

We will not use your sensitive information for the purposes of direct marketing unless you have given us permission in writing.

 OVERSEAS DISCLOSURE 

In rare circumstances, we may disclose your personal information to an overseas entity when we:

-   have taken reasonable steps to ensure that they comply with the APPs in relation to collection, use disclosure, storage and destruction of personal information; or
-   reasonably believe that the overseas entity is subject to a substantially similar law or binding scheme to that found in the Act;
-   expressly inform you of your option to consent to the disclosure and you then consent to the disclosure; or
-   are required or authorised by law;
-   a permitted situation exists;
-   we reasonably believe it is reasonably necessary for one or more enforcement related activities conducted by, or on behalf of, an enforcement body or a body that performs functions, or exercises powers, that are similar to those performed or exercised by an enforcement body.

ADOPTION OF GOVERNMENT RELATED IDENTIFIERS 

We will not adopt a government related identifier as your identifier unless an exception under APPs applies.

QUALITY OF PERSONAL INFORMATION

We will take reasonable steps (if any) to ensure that your personal information we collect, use or disclose is accurate, up-to-date, complete and relevant at the time it is used or disclosed.

SECURITY OF PERSONAL INFORMATION 

Protection 

We take reasonable steps to ensure your personal information is not misused, lost, interfered with, and no unauthorised access, modification or disclosure occurs.

Destroying or De-identifying

We will take reasonable steps to destroy your personal information or ensure it has been de-identified if we no longer need this information for any purpose.

PAYMENT INFORMATION

Our online store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our items to you. Your personal information is stored through Shopify's data storage, databases and the general Shopify application. They store your date on a secure server behind a firewall.

If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

For more insight, you may also want to read Shopify’s Terms of Service (https://www.shopify.com/legal/terms) or Privacy Statement https://www.shopify.com/legal/privacy

ACCESS TO PERSONAL INFORMATION 

Generally, you can access your personal information when you sign in to your profile on our Website. Upon request, we will provide you with your personal information we hold, In exceptional circumstances, we may refuse access. These circumstances can be any of the below:

-   we reasonably believe that giving access would pose a serious threat to the life, health or safety of any individual, or to public health or public safety; or
-   giving access would have an unreasonable impact on the privacy of other individuals; or
-   your request for access is frivolous or vexatious; or
-   the information relates to existing or anticipated legal proceedings between us and you, and would not be accessible by the process of discovery in those proceedings; or
-   giving access would reveal our intentions in relation to negotiations with you in such a way as to prejudice those negotiations; or
-   giving access would be unlawful; or
-   denying access is required or authorised by or under an Australian law or a court/tribunal order; or
-   we have reason to suspect that unlawful activity, or misconduct of a serious nature, that relates to our functions or activities has been, is being or may be engaged in;
-   giving access would be likely to prejudice one or more enforcement related activities conducted by, or on behalf of, an enforcement body; or
-   giving access would reveal evaluative information generated within the entity in connection with a commercially sensitive decision-making process. 

CORRECTION OF PERSONAL INFORMATION 

We will take reasonable steps to correct your personal information we hold if we are satisfied that it is inaccurate, out-of-date, incomplete, irrelevant or misleading or at the request of the individual the personal information relates to. 

In very rare circumstances when we decline to correct and not prohibited by law, we will provide you with the following:

-   the reasons for the refusal; and
-   the mechanisms available to complain about the refusal.

COMPLAINTS

If you believe your personal information has been mishandled or misused or any other related concern, contact us on contact@teenycherubs.com.au or via this form.  If you are not satisfied with our response to your complaint or your complaint has not been responded to, you have the right to lodge your complaint with the relevant data protection authority. 

This policy was last updated 21 December 2021.

Changes

We may update this Privacy Policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal, or regulatory reasons.

Contact

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us on contact@teenycherubs.com.au, using this form or at the address below:

- Teeny Cherubs -
43 Parni Place, Frenchs Forest, 2086, NSW, Australia