Definitions and Interpretation
(i) “We”, “Us”, “Our” or “Eye Protect” means Eyeprotect Pty Ltd ACN 168 946 594 and may include Our officers, employees, suppliers, agents and/or contractors the as context allows;
(ii) “Website” means this website being located at https://www.eyeprotect.com.au or such other domain listing. Any reference to this Website includes the whole or any part of the web pages located on this Website (including but not limited to any elements of design, underlying code, text, sounds, graphics, video, animated elements or any other content); and
(iii) “You” and “Your” means you or anyone (including Guests and Registered Users) who accesses, uses and/or places an Order for Goods on the Website, and includes access, use and Orders submitted on your behalf by your agent or anyone who uses your Account, whether or not on your behalf.
1. User Agreement
2. Personal Information
2.1. Personal Information about You is collected only when You knowingly and voluntarily submit it. For example, Eye Protect may need to collect such information to provide You with Goods and Services or to answer or forward any requests or enquiries. Eye Protect will only collect Personal Information from You that Eye Protect reasonably requires in order to satisfactorily perform the services that You require from Eye Protect. It is Eye Protect's intention that this policy will protect Your Personal Information from being dealt with in any way that is inconsistent with applicable privacy laws in Australia.
2.2. Depending on the exact nature of Eye Protect's relationship with You, Eye Protect may request that You provide some or all of the following information:
(a) information that Eye Protect may require to initially identify You, including Your name, Your address and Your date of birth;
(b) information that Eye Protect can use to contact You, including Your telephone number, mobile number, email address, mailing address; and
(c) if You are an organisation, relevant information about your organisation.
3. How Does Eye Protect Collect Your Personal Information?
3.1. The means by which Eye Protect collects Your Personal Information will depend on the nature of the services that Eye Protect is providing to You.
3.2. Eye Protect may collect Your Personal Information:
(a) directly from You, either in person or over the phone;
(b) when You set up an Account and become a Registered User;
(c) when You place an Order via the Website;
(d) when You interact with the Website; or
(e) from other sources.
3.3. Eye Protect's web servers gather Your IP address to assist Eye Protect to provide Goods, Services and customer service.
3.4. Eye Protect will always collect Your Personal Information directly from You unless it is impracticable to do so. This would usually be done through the Website when You elect to disclose Your Personal Information to Eye Protect for a particular purpose.
4. Why Does Eye Protect Require Your Personal Information
4.1. There are various reasons why Eye Protect might need to collect, hold, use or disclose Your Personal Information and this will depend upon the specific Goods or Services that Eye Protect is providing to You.
4.2. Usually, the main reason that Eye Protect will need to collect Your Personal Information will be relating to a Good or Service that Eye Protect is providing to You or is about to provide to You and for contacting You in relation to those Goods or Services.
4.3. Eye Protect may also use Your Personal Information for other reasons, including:
(a) to contact You in relation to an event, special offer, Good or Service that You might be interested in;
(b) preventing fraud and other criminal activities;
(c) to assist Eye Protect to run its business and to improve our services and performance, including staff training, accounting, risk management, record keeping, archiving, systems development, developing new products and services and undertaking planning, research and statistical analysis; and
(d) to comply with Eye Protect's legal obligations.
4.4. There is no obligation for You to provide Eye Protect with any of Your Personal Information but if You choose not to provide Eye Protect with Your Personal Information, Eye Protect may not be able to provide the information, Goods or Services that You require.
5. How Does Eye Protect Use or Disclose Your Personal Information?
5.1. Personal Information that You submit to the Website is used only for the purpose for which it is submitted or for such other secondary purposes that are related to the primary purpose. Copies of correspondence sent from the Website, that may contain Personal Information, are stored as archives for record-keeping and back-up purposes only.
5.2. Your acknowledge and agree that Eye Protect may use and disclose Your Personal Information for the purposes for which it was collected or for a related purpose such as:
(a) to set up and activate Your Account with Eye Protect;
(b) to consider Your request for a Good or Service;
(c) to enable Eye Protect to provide a Good or a Service to You;
(d) to coordinate delivery of Your Goods;
(e) to facilitate and process Your Orders and payments;
(f) to carry out or respond to Your queries or requests;
(g) to provide information to You that You have requested;
(h) to provide additional information to You as requested by You and to respond to Your queries about Eye Protect's Goods and Services;
(i) to facilitate Your entry into competitions run through the Website;
(j) to facilitate online chat;
(k) to any third party suppliers of Eye Protect's goods or services, including third party application owners or licensors;
(l) to any third party credit provider to facilitate the provision of credit to You as required;
(m) to Eye Protect's third party service providers to assist Eye Protect in providing and improving Eye Protect's services to You, and to analyse trends in sales and better understand Your needs or to develop, improve and market Eye Protect's Goods and Services to You;
(n) for regulatory reporting and compliance with Eye Protect's legal obligations;
(o) to relevant third parties to undertake fraud checks;
(p) to various regulatory bodies and law enforcement officials and agencies to protect against fraud and for related security purposes;
(q) to perform administrative and operational tasks (including risk management, systems development and testing, staff training and collecting debts);
(r) to facilitate product reviews, to seek Your feedback in relation to particular Goods or Services, customer satisfaction and Eye Protect's relationship with You;
(s) for Eye Protect to use in direct marketing of promotions, Goods and Services that Eye Protect thinks might be of interest to You, including to add to a database compiled by Eye Protect for this purpose;
(t) for Eye Protect's third party service providers, to use in direct marketing of promotions, Goods and Services that Eye Protect's third party service providers think may be of interest to You, including to add to a database compiled for this purpose;
(u) to monitor or improve the quality and standard of service that Eye Protect provides to You;
(v) to consider any concerns or complaints You may raise against Eye Protect;
(w) to manage any customer complaints;
(x) to Eye Protect's agents, successors and/or assigns;
(y) to notify You of offers that may be of interest to You; and
(z) to better understand Your preferences.
5.5. Apart from where You have consented or disclosure is necessary to achieve the purpose for which it was submitted, Personal Information may be disclosed in special situations where Eye Protect has reason to believe that doing so is necessary to identify, contact or bring legal action against anyone damaging, injuring, or interfering (intentionally or unintentionally) with Eye Protect's rights or property, users, or anyone else who could be harmed by such activities. Also, Eye Protect may disclose Personal Information when Eye Protect believes in good faith that the law requires disclosure.
6. Does Eye Protect Share Your Personal Information?
6.3. Wherever possible, Eye Protect will limit the information provided to independent third parties to that information required for those third parties to properly perform their functions.
6.4. Except to the extent otherwise required by law, Eye Protect will not be liable to You, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of Your Personal Information being incorrectly handled by any of Eye Protect's third party service providers, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
7. Does Eye Protect Use Your Personal Information for Marketing Purposes?
7.1. As part of the services that Eye Protect provides to You, Eye Protect may:
(a) use Personal Information that Eye Protect has collected about You to identify a Good or Service that may benefit You; and
(b) contact You from time to time to let You know about a Good or Service that Eye Protect believes You might be interested in.
8. Collecting and Disclosing Personal Information About Others
8.1. Wherever possible, Eye Protect will collect Personal Information directly from the relevant individual to whom that information relates.
8.2. You represent and warrant to Eye Protect that where You provide Personal Information to Eye Protect about another person:
(a) You are authorised to provide that information to Eye Protect;
(b) You have obtained the express consent of the individual to disclose their Personal Information to Eye Protect for its relevant use, including but not limited to its primary and secondary purposes;
(c) You have complied with the APPs in collecting that Personal Information, including by making all relevant notifications required under APP 5; and
9. Will Eye Protect Disclose Your Personal Information to Anyone Overseas?
9.1. There may be circumstances where Eye Protect needs to disclose Personal Information that Eye Protect holds about You to a third party overseas ("Overseas Recipients"). This may occur, for example, where Eye Protect has a database or server hosted outside Australia or where You are interacting with an application which is based overseas.
9.2. Prior to Eye Protect disclosing Your Personal Information to an Overseas Recipient, Eye Protect has an obligation under APP 8.1 to take reasonable steps to ensure that the Overseas Recipient does not breach the APPs in relation to Your Personal Information (the "Overseas Disclosure Obligations").
9.3. Eye Protect will take all reasonable steps to satisfy its Overseas Disclosure Obligations.
10.1. Eye Protect strives to ensure the security, integrity and privacy of Personal Information submitted to the Website, and Eye Protect reviews and updates its security measures in light of current technologies. Unfortunately, no data transmission over the Internet can be guaranteed to be totally secure.
10.2. While care is taken to protect Your Personal Information on the Website, unfortunately no data transmission over the Internet is guaranteed as 100% secure. Accordingly, Eye Protect cannot ensure or warrant the security of any information You send to or receive from Eye Protect. This is particularly true for information You send to or receive from Eye Protect via email as Eye Protect has no way of protecting that information until it reaches Eye Protect. Once Eye Protect receives Your Personal Information, Eye Protect is required to protect it in accordance with the Act.
10.3. Eye Protect will endeavour to take all reasonable steps to protect the Personal Information You may transmit to or from Eye Protect online. Once Eye Protect does receive Your transmission, Eye Protect will also make its best efforts to ensure its security on Eye Protect's systems.
10.4. In addition, Eye Protect's employees and the contractors who provide services related to Eye Protect's information systems are obliged to respect the confidentiality of any Personal Information held by Eye Protect. Eye Protect will not be held responsible for events arising from unauthorised access to Your Personal Information.
11. Cookies and Applets
12. How Can You Access Your Personal Information?
12.1. Usually Eye Protect will be able to provide You with access to Your Personal Information upon receipt of Your written request and confirmation of Your identity. You can make a written request by lodging an enquiry on the Contact Us webpage on the Website.
12.2. There are some limited circumstances in which Eye Protect may not be able to provide You with access to Your Personal Information when requested. Such circumstances might include where access would pose a serious threat to the life, health or safety of another person or where such access would unreasonably impact on the privacy of others.
12.3. Where You request access to Your Personal Information, Eye Protect will respond to any such request within a reasonable period after the request is made and if possible, Eye Protect will provide You with access to Your Personal Information. In any event, Eye Protect will take all reasonable steps to give You access to Your information in a way that meets Your needs.
12.4. If Eye Protect denies You access to Your Personal Information for any reason, or if Eye Protect is unable to provide You with access to Your information in the manner requested by You, then Eye Protect will provide You with a written notice confirming:
(a) the reason for such refusal; and
(b) the procedure to complain about the refusal.
12.5. Eye Protect may recover from You Eye Protect's reasonable costs of supplying You with access to Your Personal Information but Eye Protect will not charge You for any request You might make to access Your information.
13. How Can You seek to Correct Your Personal Information?
13.1. Eye Protect does what it can to ensure that the information Eye Protect holds about You is accurate, complete, up-to-date, relevant and not misleading. To assist Eye Protect to do this, please ensure that You provide Eye Protect with correct information at the time You provide it to Eye Protect and immediately inform Eye Protect if Your details change at any time. If Eye Protect is concerned that any of Your information is inaccurate, incomplete, out-of-date, irrelevant or misleading, or if You request that Eye Protect correct any of Your information, then Eye Protect will take all reasonable steps to correct the information to ensure that it is accurate, complete, up-to-date, relevant and not misleading in the context of the purpose for which it is held.
13.2. If Eye Protect refuses to correct Your Personal Information following a request by You to do so, then Eye Protect will provide You with a written notice confirming:
(a) the reason for such refusal; and
(b) the procedure to complain about the refusal.
13.3. Eye Protect will respond to any requests regarding the correction of Your Personal Information within a reasonable period after the request is made.
13.4. Eye Protect will not charge You for any request to correct Your Personal Information, nor will Eye Protect pass on to You any costs incurred by Eye Protect in correcting Your Personal Information.
14. Links to Other Wesites
15. What if You Want to Make a Complaint About Eye Protect's Privacy Procedures?
15.1. Eye Protect is committed to maintaining and protecting Your privacy but it is possible that in limited circumstances, mistakes might be made. If You are concerned with the way Your Personal Information has been handled then You are entitled to make a complaint. If You would like to lodge a complaint, please lodge an enquiry on the Contact Us webpage on the Website.
15.2. If Your Personal Information has not been handled in an appropriate way, Eye Protect will do its best to remedy Your concerns as quickly as possible.
16. How Can You Contact Eye Protect?
16.1. Please do not hesitate to contact Eye Protect in relation to any privacy-related concerns. Contact information can be located on the Contact Us webpage on the Website. Eye Protect will use its best endeavours to address any such concerns thoroughly and in a timely manner.