Privacy Policy
Popcultcha Pty Ltd ACN 131 015 711 (Popcultcha or we or us) respects the privacy of all our customers and suppliers with whom we conduct business. We aim to protect the security and confidentiality of your personal information.
By using our website, or otherwise dealing with us, you consent to the collection, use and disclosure of your personal information as described in this policy.
Local exemptions
We will comply with all our legal obligations. This policy will not apply to the extent that it is inconsistent with such legal obligations. Where local law allows for an exemption to compliance with certain obligations, such as the employee records exemption in Australia, we may rely on such exemption.
What is personal information?
In this policy, "personal information" means information or an opinion about an identified individual, or an individual who is reasonably identifiable.
What personal information do we collect and hold?
Popcultcha will generally only collect personal information where it is reasonably necessary for conducting our business and providing services to our customers.
The kinds of personal information that we collect and hold depend on your dealings with us. Examples of personal information we collect and hold include:
- first and last name;
- shipping and billing address for customers;
- e-mail address;
- telephone number;
- payment details for customers; and
- qualifications and employment history, in the event you are applying for a job or contract with us.
We may also collect other personal information we consider is reasonably necessary for one or more of our functions and activities such as personal information that we request from you or that you or a third party provide to us, and which we are authorised or required by law to collect.
Where practical, we will deal with you anonymously. However, unless you provide certain key personal information to us, you will not be able to transact with us.
Cookies
A "cookie" is a small data element stored by your web browser on your computer system. Popcultcha uses per-session cookies to monitor the use of our secure services site. This occurs only when you have logged onto our website by using your "username" and "password" and is only done for the purpose of monitoring transactions, the contents of your shopping basket, whether you incur GST and generally maintaining security. We do not use cookies for any other purpose or in any other context and you can be assured that the cookies used will not be to the detriment of your computer or your on-line shopping experience.
Sensitive information
We may also collect sensitive information about you if you consent to us doing so and the information is reasonably necessary for one or more of our functions or activities, or where otherwise permitted or required by law.
Unsolicited personal information
If we receive unsolicited personal information about you, unless it is reasonably necessary for one or more of our functions or activities, or we are otherwise permitted or required by law to retain it, we will de-identify or destroy it as soon as practical provided it is lawful and reasonable to do so.
How we collect and hold personal information
In most cases we will collect your personal information directly from you. This may be through actual personal contact at our Popcultcha Supastore or Collector Gallery in Geelong, Australia, via our website, or in correspondence via telephone, mail, email or facsimile.
We may also collect your personal information from a related entity or from a third party or a publicly available source where it is unreasonable or impractical to collect the information directly from you or if necessary to satisfy our legal obligations.
If you apply for a position or contract with us as an employee or service provider, we may also collect personal information about you from your nominated referees.
Why do we collect, hold, use or disclose your information?
Any of the personal information we collect from you may be used or disclosed for the following purposes:
- for our legitimate business interests relating to providing services to you upon your request, including:
- to process orders;
- to improve our services;
- for marketing and promotional purposes including direct marketing to you via any medium including email, SMS, telephone or other media (we will always allow
- you to unsubscribe from such marketing or promotional communications);
- to assess your application for a position or contract with us as an employee or service provider;
- to deal with our suppliers (you may be one of our suppliers, or an employee or contractor of one of our suppliers);
- to generally manage our business operations, such as our finance functions;
- for our system administration and general security purposes;
- where we believe it is necessary to comply with our legal obligations;
- any other purpose disclosed to you and to which you have consented; and
- any other purpose required or permitted by law.
Third parties
Popcultcha does not disclose your personal information to third parties so that they can market their products and services to you. The personal information held by Popcultcha is generally kept confidential, however we may disclose personal information to certain third parties such as:
- third party suppliers who assist us in performing our functions and activities;
- insurers, financial institutions and legal and professional advisers;
- a third party acquirer, merger partner or transferee of all or part of our assets or business; and
- third parties to whom we are otherwise required or permitted by law to disclose your personal information.
Popcultcha may sometimes use or disclose your personal information for a purpose other than the primary purpose for which it is collected. This may be where it is required by law or where you would reasonably expect such use, including but not limited to:
- providing information to you about our products or services, unless you have instructed us not to do so; and
- internal research.
Overseas disclosure
We generally process your personal information in Australia. If we transfer your personal information outside of Australia, except where an exception applies under relevant legislation we will take reasonable steps to ensure that such overseas recipients do not breach the Australian Privacy Principles in relation to such information.
Our current service providers are located in Australia, New Zealand and the United States of America.
Automated decision-making
Our Popcultcha website will seek to identify your location based on your device's IP address and show you pricing and shipping information relevant to your location country. This can be overridden using the drop down box at the top of our site where you can select your preferred currency.
De-identified information
We may share aggregated or de-identified information with third parties for research, marketing, analytics and other purposes.
Data storage
We will keep your personal information for as long as it remains necessary for our business purposes or, if longer, as required or permitted by law.
Changes to this policy
We may change this policy from time to time and will post the updated policy to our website. Your continued use of this website, or dealing with us, will signify your agreement to be bound by this privacy policy, as amended.
Security measures
We will take reasonable steps to protect personal information from misuse, interference and loss and unauthorised access, modification or disclosure. We endeavour to ensure your on-line shopping experience with Popcultcha is both safe and secure by using Secure Socket Layer (SSL) 128-bit data encryption to protect your personal information and credit card details from being intercepted by any unauthorised parties, lost or misused whilst under our control.
You acknowledge that the security of personal information transmitted over the internet cannot be guaranteed and that (to the extent permitted by law) you do so at your own risk.
At Popcultcha, we recognise the risk of fraudulent on-line credit card transactions and we make every effort to reduce credit risk and credit card misuse. In line with this policy, we reserve the right to (but will not always) contact our customers to request further credit card verification.
Except to the extent liability cannot be excluded due to the operation of statute, we exclude all liability (including in negligence) for the consequences of any unauthorised access to, disclosure of, misuse of or loss or corruption of your personal information. Nothing in this privacy policy restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law. Please notify us immediately if you become aware of any breach of security.
Withdrawal of consent or objection to processing
In certain circumstances, applicable law may allow you to object to our processing of your personal information. Further, if you provided your consent to our processing of your personal information, you may withdraw such consent, though doing so will not affect the lawfulness of our processing based on consent before your withdrawal.
Access to and correction of your personal information
We will take reasonable steps to ensure that the information we collect, use or disclose about a person is accurate, complete and up to date.
Subject to the exceptions set out under applicable law, you may obtain confirmation from us as to whether or not we process your personal information, and, if so, obtain access to the personal information we hold about you. If you believe it is out of date, incomplete or incorrect, you may request that the personal information be updated or amended. Under applicable law, you may also be entitled to request that your personal information be erased.
We may in certain circumstances charge you a reasonable fee to meet our costs in providing you with details of the personal information we hold about you.
Complaints
If you believe that we have not dealt with your personal information in a manner that complies with applicable laws or this policy, you may contact us so that we can properly address and resolve your concerns.
We will take any privacy complaint seriously and any complaint will be assessed by an appropriate person with the aim of resolving any issue in a timely and efficient manner. We request that you cooperate with us during this process and provide us with any relevant information that we may need.
You may also make a complaint to the relevant regulator or supervisory authority.
Our contact details
Any complaints, or requests for access to, or to correct or erase, or withdraw your consent or object to our processing of, personal information or any queries concerning privacy matters should in the first instance be put in writing via email to [email protected].
Alternatively, you can write to us at:
Popcultcha Pty Ltd
C/- Popcultcha HQ
49-59 Seabeach Parade
North Shore VIC 3214