Last updated: 2022-02-04
(a) Act means the Privacy Act 1988 (Cth);
(b) Giftnote, we or us means Giftnote Online Pty Ltd ACN 655 779 829 a proprietary limited company incorporated in Australia and its associated entities as appropriate;
(c) OAIC means the Office of the Australian Information Commissioner;
(d) Personal information means information about you which personally identifies you or may reasonably be used to personally identify you and otherwise has the meaning given to that term in the Act;
(e) Sensitive information has the meaning given to that term in the Act;
(f) Services means the services that are to be provided by Giftnote, including without limitation through third parties or integrated widgets, from time to time;
(g) Website means https://giftnote.com/ or any other website from time to time from which the Services are promoted and/or delivered, including without limitation any third party websites; and
(h) you means you and anyone acting on your behalf or with your implied authority.
3. Types of Personal Information we collect
3.1 We collect and hold various types of Personal Information, including:
(a) personal details, including your name;
(b) contact details, including your email address, telephone number, contact details of any person that you nominate to receive our Services and any other contact details that you provide to us as part of the Services;
(c) information necessary for or incidental to the provision of the Services including any third party merchants connected with the Services; and
(d) any other Personal Information that may be required in order to facilitate your dealings with us.
4. How we collect Personal Information
4.1 We may collect Personal Information about you when:
(a) you access, use or otherwise interact with our Services or our Website including through third party websites connected or integrated with our Services;
(b) a person who accesses, uses or otherwise interacts with our Services or our Website, including through third party websites connected or integrated with our Services, and provides your personal information to us for the purpose of us performing our Services at their request;
(c) you communicate with our staff or representatives during the course of us providing you the Services;
(d) we solicit it from, or it is provided to us by, any third party merchants connected with our provision of the Services to you; or
(e) you otherwise deal with us in the course of our business.
4.2 Where we solicit Personal Information, we only collect:
(a) non-Sensitive Information, if it is reasonably necessary for the Services we provide; and
(b) Sensitive Information, if it is reasonably necessary for or directly related to Services we provide and you have consented to its collection, or its collection is permitted or authorised by law.
4.3 If we solicit Personal Information, we will either solicit it:
(a) from a third party with your consent or directly from you, unless it is unreasonable or impracticable for us to do so; or
(b) from a third party that is requesting the Services for the purposes of delivering goods or services to you.
4.4 Where we collect Personal Information about you from a third party without your prior consent, we will take reasonable steps to inform you that we have collected Personal Information, unless the information is solely for the purpose of delivering products or services to you as requested by a third person utilising our services. Such information is limited to your name, postal address, email address and telephone number.
5. How we store and protect Personal Information
5.1 We prioritise the security of your Personal Information whilst it is in our possession.
5.2 We may hold Personal Information in various forms, including without limitations physical documents or electronic records. Physical files are kept securely inside our access-controlled premises. Electronic files are stored securely on protected information systems and are only accessible through our secure network.
5.3 We take reasonable steps to:
(a) ensure that Personal Information we collect is accurate, up-to-date, complete and relevant, other than where it is only collected to provide advice in respect of a particular point in time, in which case we will seek to ensure it is accurate, complete and relevant as at that particular point in time;
(b) ensure that Personal Information we use or disclose is accurate, up-to-date, complete and relevant, having regard to the purposes for which Personal Information is used or disclosed;
(c) protect Personal Information from misuse, interference and loss, and from unauthorised access, modification or disclosure; and
(d) destroy or de-identify Personal Information which we no longer need for the purposes for which it was collected, except where it is necessary to retain it in order to maintain ongoing records for our clients.
5.4 We cannot guarantee the security of information transmitted via the internet.As such, transmission of Personal Information via the internet is at your own risk and we cannot be held responsible for the security of such information. This includes transmission of your Personal Information to us from third party merchants via the internet.
5.5 Your use of, or the supply of your information to, third party merchants who supply us with information in connection with the Services is entirely at your own risk and we make no representations or warranties regarding third parties’ privacy practices.
6. Why we collect, hold, use and disclose Personal Information
6.1 We collect, hold, use and disclose Personal Information for the following purposes:
(a) for the purpose(s) for which it was disclosed to or collected by us;
(b) for secondary purposes where it would be reasonable to expect us to do so, and that secondary purpose is related (or directly related in the case of Sensitive Information) to the primary purpose for which it was collected; and
(c) for any other purposes for which you have consented from time to time.
6.2 The above purposes include using and disclosing your Personal Information:
(a) to supply the Services to you or facilitating other interactions with you in the course of operating our business;
(b) to share your Personal Information to employees, contractors or other third party service providers of Giftnote to assist us with providing the Services;
(c) to share your Personal Information with third party merchants integrating Giftnote’s platform who require the information to fulfil delivery of an order you place with them;
(d) to respond to your enquiries and provide you with relevant information;
(e) to update your Personal Information;
(f) to collect information required for reporting to relevant regulatory bodies (if required);
(g) as permitted or required by law; and
(h) for any other uses identified at the time of collecting your Personal Information.
6.3 We may disclose your Personal Information to such persons as is necessary to achieve the above purposes. This will often include disclosure to our related bodies corporate, third party merchants who are connected with our provision of the Services to you, contractors or other third party service providers.
6.4 We may use or disclose Personal Information for secondary purposes where it would be reasonable to expect us to do so, and that secondary purpose is related (or directly related in the case of Sensitive Information) to the primary purpose.
6.5 Unless you inform us that you opt out, we may use your Personal Information for the purposes of sending you direct marketing publications, including via telephone, mail, email, SMS or social media. You may opt-out of receiving marking communications from us by contacting us at the details below or by using the opt-out facilities provided in our communications. However, we will not disclose your Personal Information for the purposes of third-party direct marketing without your consent.
7. Overseas disclosure
7.1 It is unlikely that we will need to disclose your Personal Information to an overseas recipient or otherwise store your Personal Information overseas. If we do need to do so, this will generally be limited to third party providers of services such as website hosting, data storage, electronic communications and data analysis. Any such disclosure will be done in accordance with the Act.
7.2 We will attempt to ensure that persons to whom the disclosed Personal Information relates have comparable rights in relation to that information once disclosed overseas.
8. Third party merchants
8.1 In providing the Services, it is likely that we will receive your information from third party merchants from whom you have input information on their website.
8.2 Giftnote is not responsible for such third party websites or associated resources. If you access such websites or associated resources, you do so at your own risk and we make no representations or warranties regarding third parties’ privacy practices. We encourage you to read the privacy policies of every such website or associated website that you use or that your information is provided to.
8.3 If our Services are linked to or integrated with a third party website or associated resource, this does not automatically imply that Giftnote endorses that website or associated resource and their contents.
9. How you can access or correct Personal Information
9.1 We are committed to maintaining accurate, timely, relevant and appropriate information.
9.2 Where requested, we will provide you with a copy of the Personal Information that we hold which relates to you, provided that the request is made in accordance with the APPs (contained in the Act).We will also update any inaccurate information about you if you inform us that the information is inaccurate, out of date, incomplete, irrelevant or misleading.
9.3 There are no charges for requesting access to or the correction of your Personal Information, however if the volume of information we hold is excessively large, we reserve our rights to charge you any reasonable administration fees (including fees for photocopying) associated with your request.
9.4 You may contact us to access your Personal Information or to correct inaccurate, out-of-date, incomplete, irrelevant or misleading Personal Information by:
Post: ‘02’ Suite 4, 76B Edinburgh Road, Marrickville NSW 2204
9.5 We will respond to those requests within a reasonable period in accordance with our obligations under the Act. If we refuse a request to access or correct Personal Information, where reasonable, we will provide our reasons for doing so and information about your ability to complain about such refusal.
9.6 In order to protect the confidentiality of your Personal Information, details of your information will only ever be passed on to you where we are satisfied that the information relates to you. Accordingly, we may request documentation from you which confirms your identity before passing on any Personal Information which relates to you.
10. Making a complaint
10.2 We will investigate and attempt to resolve your complaint in accordance with the Act. If you are not satisfied with the outcome of this process, then you may contact the OAIC.
11. Further information
11.2 Should you wish to read more information on the Act, we recommend that you visit the website of the OAIC at www.oaic.gov.au.