Privacy Policy

 

1. RELATIONSHIP TO AGREEMENTS

To the extent that it is incorporated by reference into any agreement between you and us, such as our website terms and conditions and the terms and conditions of a Program, the terms of this policy form part of that agreement (together KENNEDY & CO INTERIORS PTY LTD Agreement).

 

2. DEFINED TERMS

(a) This clause 2 defines terms used in this policy. Other terms are defined elsewhere in this policy.

(b) collect includes to hold or store following collection.

(c) disclose may include to transfer.

(d) Legal Reasons means any of the following:

*It is unreasonable or impracticable to obtain your or the individual's consent and the collection, use or disclosure of the Personal Information is necessary to lessen or prevent a serious threat to an individual's life, health or safety, or a serious threat to public health or safety.
* We believe the collection, use or disclosure of the Personal Information is necessary in order for us to take appropriate action if we have reason to suspect unlawful activity or serious misconduct in relation to our functions or activities has been or is being engaged in.
+ The collection, use or disclosure of the Personal Information is required or authorised by or under an Australian law or a court / tribunal order.
+ The collection, use or disclosure of the Personal Information is reasonably necessary for the establishment, exercise or defence of a legal or equitable claim.
+ The collection, use or disclosure of the Personal Information is reasonably necessary for the purposes of a confidential alternative dispute resolution process.
+ We reasonably believe that the use or disclosure of the Personal Information is reasonably necessary for enforcement related activities by an enforcement body.

(e) Personal Information is information about an identified individual or an individual who is reasonably identifiable, including Sensitive Information, and is deemed ‘Personal Data’ within the meaning of the General Data Protection Regulation (EU) 2016/679 (GDPR).

(f) Program means THE DESIGN HUB program and any other program that we may offer from time to time (in each case, as is applicable to you).

(g) Sensitive Information is Personal Information of a sensitive nature, such as information about race, ethnicity, political opinion, religious beliefs or sexuality.

(h) use may include to disclose or transfer.

(i) we means KENNEDY & CO INTERIORS PTY LTD.

(j) you means:
+ the individual who has entered into the relevant KENNEDY & CO INTERIORS PTY LTD Agreement or, if the person who has entered into the KENNEDY & CO INTERIORS PTY LTD Agreement is an entity (eg a company) and not an individual, then in this policy you means any individual connected with the entity and who supplies Personal Information to us in the course of the entity’s performance of the KENNEDY & CO INTERIORS PTY LTD Agreement; or
+ the individual reading this policy, if that individual is also an individual in relation to whom we must, pursuant to the Privacy Act 1988 (Cth) or GDPR, abide by this policy.

 

3. COLLECTION

3.1 COLLECTION

(a) We collect Personal Information about you:
+ when you provide it to us in the course of completing information fields including when you register for a Program (eg name, email address, phone number); and
+ in relation to your IP address or cookies, in the course of using the website.

(b) We also collect the following kinds of Personal Information about you:
+ Name, email, postcode and suburb location

(c) We hold your Personal Information on internet servers operated by hosting service providers. We have entered into services agreements with those service providers.

 

3.2 REASONS

When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information”.

We collect Device Information using the following technologies:
- “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
- “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
- “Web beacons”, “tags”, and “pixels” are electronic files used to record information about how you browse the Site.

Additionally when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers, PayPal username), email address, and phone number. We refer to this information as “Order Information”.

 

3.3 COLLECTING ENTITY

The entity collecting Personal Information is KENNEDY & CO INTERIORS PTY LTD (ABN 45 641 730 136) of 11 Fink Street, Williamstown North VIC 3016.

 

4. USE OF PERSONAL INFORMATION

(a) We use Personal Information to supply our services to you (including the provision of a Program) and to send you communications about these matters, such as administrative notices.

(b) If you provide your name and mobile phone number or email address to us, you thereby consent to our using your Personal Information to market our services to you, such as by adding you to our mailing list and notifying you of promotional offers. Your Personal Information will only be used to market our partners’ services to you, if you specifically agree. Your registration in a Program will amount to specific agreement to us marketing our partners who participate in the Program’s services to you. You may withdraw this consent at any time at no cost but if you do so, you may not be entitled to all the benefits of our services or a Program. All our direct marketing communications will include an unsubscribe or other opt-out mechanism. If you provide your IP address or cookies to us, you thereby also consent to our using that Personal Information about you to market services to you by way of displaying targeted banners or similar. You have control over whether you provide cookies or an IP address to us. We will not use your Sensitive Information (if any) in relation to direct marketing without your consent.

(c) We may also use Personal Information for compiling general information that is not itself Personal Information (General Information). General Information may include aggregated statistical information about your attributes, interests and activities. We may use General Information to, among other things, better understand our clients’ needs and improve our services.

(d) We may also use Personal Information for Legal Reasons.

 

5. DISCLOSURE & TRANSFER OVERSEAS

5.1 DISCLOSURE BY US

(a) Generally speaking, we will disclose Personal Information only to sub-contractors supplying us with hosting facilities and financial institutions supplying us with payment facilities. We do this so that those parties can provide their services to us, enabling us in turn to supply our services to you.

(b) If you are a member of a Program, we will disclose your Personal Information to our partners who participate in the Program to enable you to enjoy the benefits of the Program. We will not otherwise disclose your Personal Information to any third party for direct marketing purposes unless you consent to us doing so.

(c) We may disclose Personal Information for Legal Reasons.

(d) We may disclose General Information to any person for any commercial purpose.

 

5.2 DISCLOSURE BY YOU

You may have the practical capacity to disclose Personal Information to the general public when using our services, e.g. posting an online comment or ‘like’ etc. You take full legal and practical responsibility for any such disclosure of Personal Information.

5.3 TRANSFER OVERSEAS

(a) We may, and likely will, transfer your Personal Information to a person or organisation in a foreign country, but only if one of the following applies:
+ we have taken such steps as are reasonable in the circumstances to ensure that the overseas recipient does not breach the Australian Privacy Principles (APPs) under the Privacy Act 1988 (Cth) or applicable provisions of the GDPR (Overseas Compliance);
+ we reasonably believe that the recipient of the information is subject to a law, or 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 APPs protect the information and there are mechanisms that you or the relevant individual can access to take action to enforce that protection of the law or binding scheme;
+ we tell you that Overseas Compliance will not apply and you consent to the transfer; or
+ the disclosure of the information is required or authorised by or under an Australian law or a court / tribunal order.

 

6. INTEGRITY & SECURITY

6.1 INTEGRITY

(a) We will take reasonable steps to ensure that Personal Information that we collect, use or disclose is accurate, complete, up-to-date, relevant and not misleading (together, satisfactory).

(b) If you believe that the Personal Information we hold is not satisfactory, you may contact us and ask us to correct the information.

(c) If you demonstrate to us that Personal Information held by us is not satisfactory, we will, within a reasonable time, take reasonable steps to correct the information. If you claim that such information is not satisfactory and we disagree, we will notify you of our reasons and, at your request, accompany the information with a note stating your position about the information.

(d) If we correct information that was not satisfactory and we have previously disclosed that information to a third party, we will take reasonable steps to notify that third party.

 

7. SECURITY

We will implement appropriate measures to safeguard personal information from misuse, loss, unauthorised access, alteration, or disclosure.

 

8. DISPOSAL

(a) We will take reasonable steps to destroy, disable access to or permanently de-identify Personal Information if we no longer need it for any purpose for which we would be permitted to use or disclose the information under the APPs.

(b) However, characteristics of information storage technology mean that it is not reasonably possible to delete every last remnant of information we have collected.

 

9. 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

 

10. COMPLAINTS

(a) If you wish to complain about a potential breach of the APPs by us, or otherwise contact us, please email us at [email protected]

(b) If we receive a complaint from you, we will handle the complaint in the following way:

+ We will acknowledge receipt of your complaint.
+ We will conduct an investigation of your complaint.
+ We will notify you of the outcome of our investigation.
+ We will provide you with basic information about further action that you may take if you are dissatisfied with the outcome of our investigation.

11. CANCELLATIONS

Once you have joined the program, we do not offer refunds for change of mind.