Privacy
Candy Stripes Australia undertakes to collect Your Data by means that are:
fair;
legal; and
transparent.
If you visit Candy Stripes Australia's web-site, your web-browser automatically
discloses, and Candy Stripes Australia's web-server automatically logs, the
following information: the date and time, the IP address from which you issued
the request, the type of browser and operating system you are using, the URL of
any page that referred you to the page, the URL you requested, and whether your
request was successful. This data may or may not be sufficient to identify you.
Any additional data that you provide, e.g. in a web-form, may also be logged.
This data may or may not be sufficient to identify you.
Any additional data that your web-browser automatically provides may also be
logged. This will be the case, for example, if your browser has previously been
requested to store data on your computer in 'cookies' and submits them each time
you request a web-page within a particular domain (such as www.Candy
Stripes.com.au). This data may or may not be sufficient to identify you.
If you disclose personal data to Candy Stripes Australia in conjunction with an
identifier such as your name or your credit-card details, Candy Stripes
Australia will collect Your Data. Moreover, any data that becomes available to
Candy Stripes Australia through any of the means described in the preceding
paragraphs may be able to be associated with that identifier, and hence become
Your Data.
Subject to the qualifications immediately below, Candy Stripes Australia
undertakes to collect Your Data from you and not from other parties. This
undertaking is qualified as follows:
where Candy Stripes Australia reasonably considers that the protection of its
financial interests requires that it gather Your Data from other sources, or
from additional sources. This applies in particular where Candy Stripes
Australia has a lending exposure to you, and seeks information about your
creditworthiness;
where Candy Stripes Australia reasonably considers that its capability to
deliver quality services to you will be materially enhanced by gathering Your
Data from other sources. This applies in particular to consumer profile data.
Where Candy Stripes Australia collects Your Data from sources other than you, it
undertakes:
to do so only by legal means;
to do so only with your Consent; and
to declare to you what sources it uses, and under what circumstances.
Candy Stripes Australia undertakes to declare the purpose of collection in a
manner which is clear and meaningful, and to avoid vague, highly inclusive
statements such as 'to support our operations'.
Data Security
Candy Stripes Australia undertakes to store Your Data in a manner that ensures
security against unauthorised access, alteration or deletion, at a level
commensurate with its sensitivity.
Candy Stripes Australia undertakes to store Your Data only in jurisdictions
where data protections are at least equivalent to those required under the OECD
Guidelines.
Candy Stripes Australia undertakes to transmit Your Data in a manner that
ensures security against unauthorised access, alteration or deletion, at a level
commensurate with its sensitivity.
Candy Stripes Australia undertakes to implement appropriate measures to ensure
security of Your Data against inappropriate behaviour by Candy Stripes
Australia's staff-members and contractors. These include:
training for staff in relation to privacy;
access control, to limit access to Your Data to those staff and contractors who
have legitimate reasons to access it;
particularly in the case of sensitive data, audit trails of accesses, including
the identities of staff and contractors accessing the data;
reminders to staff and contractors from time to time about the importance of
data privacy, and the consequences of inappropriate behaviour;
declaration of appropriately strong sanctions that are to be applied in the
event of inappropriate behaviour
clear communication of policies and sanctions; and
processes to audit, to investigate and to impose sanctions.
Data Use
Use refers to the application of Your Data by any part of Candy Stripes
Australia, or any staff-member or contractor of Candy Stripes Australia in the
course of their work.
Candy Stripes Australia undertakes to use Your Data only for:
the purposes for which it was collected;
such other purposes as are subsequently agreed between Candy Stripes Australia
and You;
such additional purposes as may be required by law. In these circumstances,
Candy Stripes Australia will take any reasonable steps available to it to
communicate to You that the use has occurred, unless it is precluded from doing
so by law; and
such additional purposes as are authorised by law (in particular to protect
Candy Stripes Australia's interests, e.g. if it believes on reasonable grounds
that You have failed to fulfil your undertakings to Candy Stripes Australia or
have committed a breach of the criminal law).
Candy Stripes Australia undertakes to use Your Data only if it has demonstrable
relevance to the particular use to which it is being put.
Candy Stripes Australia undertakes to use Your Data in such a manner as to take
into account the possibility that it is not of sufficient quality for the
purpose, e.g. because it is inaccurate, out-of-date, incomplete, or
out-of-context.
Data Disclosure
Disclosure refers to making Your Data available to any party other than Candy
Stripes Australia and You. The term disclosure may include many different
conditions of data transfer, including selling, renting, trading, sharing and
giving.
Candy Stripes Australia undertakes to disclose Your Data only under the
following circumstances:
in the course of business being conducted between You and Candy Stripes
Australia, where disclosure is necessary to a contractor, such as a transport
company. Where Your Data is disclosed in this way, Candy Stripes Australia
undertakes to exercise control over Candy Stripes Australia's contractors to
ensure that their actions are compliant with these Terms;
in other circumstances that are directly implied by the purpose agreed between
You and Candy Stripes Australia at the time of data collection or subsequently.
Where Your Data is disclosed in this way, Candy Stripes Australia undertakes to
exercise control over Candy Stripes Australia's contractors to ensure that their
actions are compliant with these Terms;
with your consent, or at your request;
where required by law, such as a provision of a statute, or a court order such
as a search warrant or sub poena. In these circumstances, Candy Stripes
Australia will take any reasonable steps available to it to communicate to You
that the disclosure has occurred, unless it is precluded from doing so by law;
where permitted by law (e.g. the reporting of suspected breach of the criminal
law to a law enforcement agency; and in an emergency, where Candy Stripes
Australia believes on reasonable grounds that the disclosure of Your Data will
materially assist in the protection of the life of health of some person),
provided that Candy Stripes Australia will apply due diligence to ensure that
the exercise of the permission is justifiable.
In all cases, Candy Stripes Australia undertakes to disclose only such of Your
Data as is necessary in the particular circumstances.
Data Retention and Destruction
Subject to the qualifications immediately below, Candy Stripes Australia
undertakes:
to retain Your Data only as long as is consistent with its purpose; and
to destroy Your Data when its purpose has expired, and to do so in such a manner
that Your Data is not subsequently capable of being recovered.
This undertaking is qualified as follows:
Your Data may be retained in Candy Stripes Australia's logs, backups and audit
trails within short-term retention cycles that are devised to protect the
company's operations. In such cases, Your Data will be destroyed in accordance
with those cycles;
Your Data may be retained beyond the expiry of its purpose if that is required
by law, such as a provision of a statute, or a court order such as a search
warrant or sub poena, or a warning by a law enforcement agency that delivery of
a court order is imminent. In these circumstances, Candy Stripes Australia:
will take any reasonable steps available to it to communicate to You that Your
Data is being retained, unless it is precluded from doing so by law; and
will only retain Your Data while that provision is current, and will then
destroy Your Data;
Your Data may be retained beyond the expiry of its purpose if it is authorised
by law (in particular to protect Candy Stripes Australia's interests, e.g. if it
believes on reasonable grounds that You have failed to fulfil your undertakings
to Candy Stripes Australia or have committed a breach of the criminal law). In
these circumstances, Candy Stripes Australia will only retain Your Data while
that situation is current, and will then destroy Your Data.
Access by You to Your Personal Data
Candy Stripes Australia undertakes to provide you with access to Your Data,
subject to only such conditions and processes as are reasonable in the
circumstances. In particular, Candy Stripes Australia undertakes to enable
access:
conveniently;
without unreasonable delay; and
without cost.
Candy Stripes Australia undertakes to establish and operate identity
authentication protections for access to Your Data that are appropriate to its
sensitivity, but practical. This may involve some inconvenience; for example,
relatively straightforward procedures may be involved in order to provide you
with access through a channel that you have previously registered with Candy
Stripes Australia (such as a particular email-address), but may impose more
onerous procedures if you wish to use some other channel.
In the event that you dispute some aspect of Your Data, Candy Stripes Australia
undertakes to take reasonable steps in relation to the amendment,
supplementation or deletion of Your Data.
You undertake:
not to seek access for frivolous purposes, or unreasonably frequently;
to accept that deletion of some data may not be consistent with the provision of
particular services by Candy Stripes Australia to you.
Information about Data-Handling Practices
Candy Stripes Australia undertakes to make information available to you about
the manner in which Candy Stripes Australia handles your data:
in general terms, in a readily accessible manner; and
in more specific terms, on request.
Where Your Data is disclosed to a contractor, Candy Stripes Australia undertakes
to make information available to you on request about the manner in which Candy
Stripes Australia's contractors handle your data.
Candy Stripes Australia undertakes to ensure that the information provided is
meaningful, and addresses your concerns.
You undertake:
not to seek such information for frivolous purposes, or unreasonably frequently;
and
to accept that the disclosure of excessive detail may harm the security of Your
Data and Candy Stripes Australia's business processes, and may harm Candy
Stripes Australia's commercial interests.
Handling of Enquiries, General Concerns and Complaints
If you have enquiries, general concerns, or complaints about these Terms, or
about Candy Stripes Australia's behaviour in relation to these Terms, you
undertake:
to communicate them in the first instance:
to Candy Stripes Australia only;
in sufficient detail;
through a channel made available by Candy Stripes Australia for that purpose;
Candy Stripes Australia undertakes:
to provide one or more channels for communications to Candy Stripes Australia,
which are convenient to users;
to promptly provide acknowledgement of the receipt of communications, including
the provision of a copy of the communication, the date and time it was
registered, and Candy Stripes Australia's reference-code for the communication;
to promptly provide a response to the communication, in an appropriate and
meaningful manner.
You further undertake to not pursue Candy Stripes Australia through any
Regulator or the media:
until and unless Candy Stripes Australia has had a reasonable opportunity to
respond to the initial communication; and
while Candy Stripes Australia and you remain are conducting a meaningful
dialogue about the matter.
Enforcement
Candy Stripes Australia declares that its undertakings in these Terms are
intended to create legal obligations, and that those obligations are intended to
be enforceable under appropriate laws in appropriate jurisdictions. These
include laws relating to data protection, privacy, fair trading, corporations
and criminal laws.
You undertake to seek enforcement only in a jurisdiction that is relevant to the
transactions that have taken place between You and Candy Stripes Australia, in
particular the jurisdiction in which you live or in which you performed the
relevant acts, and the jurisdiction in which Candy Stripes Australia is
domiciled or performed the relevant acts.
If you wish to discover the relevant laws in any particular jurisdiction, Candy
Stripes Australia draws your attention to the following resources:
Australian Privacy Foundation's pages:
International Instruments Relating to Privacy Law
Privacy Laws of Countries of the World
Privacy Laws of the Commonwealth of Australia
Privacy Laws of the States and Territories of Australia
Privacy International
Changes to These Privacy Undertakings
Candy Stripes Australia undertakes:
not to materially change these Terms in a manner that reduces the protections
for Your Data;
to take all possible steps to prevent any company that acquires this company or
any of its relevant assets from materially changing the Terms applicable to Your
Data in a manner that reduces the protections for Your Data;
where it is considering making changes to these Terms, or creating more specific
Terms relating to specific services, to consult with appropriate representative
and advocacy organisations;
where it makes changes to these Terms, to ensure that the differences between
successive versions are readily accessible;
to maintain all prior versions of these Terms in such a manner that they are
dated, and readily accessible.
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Definitions
Candy Stripes Australia means ABN 85 008 297 236, 14/1 Bell Street, Preston,
Victoria Australia 3072.
Your Data means data that is capable of being associated with you, whether or
not it includes an explicit identifier such as your name or customer number. In
particular, it encompasses all data that Candy Stripes Australia is capable of
correlating with you, using such means as server-logs and cookie-contents.
Your Data does not refer to data that can no longer be associated with you. This
includes aggregated data that does not and cannot identify the individuals whose
data are included in the aggregation.
Consent means your concurrence with an action to be taken by Candy Stripes
Australia. Consent may be express or implicit, but in either case must be
informed and freely-given.