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Privacy Policy

 

www.fangsmith.com.au Privacy Policy
 

Type of website: Ecommerce
Effective date: 13th day of July, 2023
 

www.fangsmith.com.au (the "Site") is owned and operated by FangSmith. FangSmith is the data controller and can be contacted at:

mrfangsmith@gmail.com
PO Box 271, Balingup, Western Australia, 6253
 

Purpose
The purpose of this privacy policy (this "Privacy Policy") is to inform users of our Site of the following:

  1. The personal data we will collect;

  2. Use of collected data;

  3. Who has access to the data collected;

  4. The rights of Site users; and

  5. The Site's cookie policy.

This Privacy Policy applies in addition to the Terms and Conditions of our Site.
 

GDPR
For users in the European Union, we adhere to the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, known as the General Data Protection Regulation (the "GDPR"). For users in the United Kingdom, we adhere to the GDPR as enshrined in the Data Protection Act 2018.

We have not appointed a Data Protection Officer as we do not fall within the categories of controllers and processors required to appoint a Data Protection Officer under Article 37 of the GDPR.
 

Consent
By using our Site users agree that they consent to:

  1. The conditions set out in this Privacy Policy.
     

Legal Basis for Processing
We collect and process personal data about users in the EU only when we have a legal basis for doing so under Article 6 of the GDPR.

We rely on the following legal basis to collect and process the personal data of users in the EU:

  1. Processing of user personal data is necessary for us to take, at the request of a user, steps before entering a contract or for the performance of a contract to which a user is a party. If a user does not provide the personal data necessary to perform a contract the consequences are as follows: The contract or sale of goods will not be able to be fulfilled.
     

Personal Data We Collect
We only collect data that helps us achieve the purpose set out in this Privacy Policy. We will not collect any additional data beyond the data listed below without notifying you first.
 

Data Collected Automatically
When you visit and use our Site, we may automatically collect and store the following information:

  1. IP address;

  2. Location;

  3. Hardware and software details;

  4. Clicked links; and

  5. Content viewed.
     

Data Collected in a Non-Automatic Way
We may also collect the following data when you perform certain functions on our Site:

  1. First and last name;

  2. Email address;

  3. Phone number;

  4. Address;

  5. Payment information; and

  6. Auto fill data.
     

This data may be collected using the following methods:

  1. Creating an account;

  2. Submitting an order;

  3. Submitting an order inquiry; and

  4. Making a purchase through the website.
     

How We Use Personal Data
Data collected on our Site will only be used for the purposes specified in this Privacy Policy or indicated on the relevant pages of our Site. We will not use your data beyond what we disclose in this Privacy Policy.

The data we collect automatically is used for the following purposes:

  1. Statistics.

The data we collect when the user performs certain functions may be used for the following purposes:

  1. Communication;

  2. Shipment of purchases; and

  3. Newsletter sign ups (optional).
     

Who We Share Personal Data With
Employees
We may disclose user data to any member of our organisation who reasonably needs access to user data to achieve the purposes set out in this Privacy Policy.
 

Third Parties
We may share user data with the following third parties:

  1. Paypal; and

  2. Square.

We may share the following user data with third parties:

  1. Financial and personal data provided to the third party payment processor by the customer.

We may share user data with third parties for the following purposes:

  1. Processing of payments.

Third parties will not be able to access user data beyond what is reasonably necessary to achieve the given purpose.
 

Other Disclosures
We will not sell or share your data with other third parties, except in the following cases:

  1. If the law requires it;

  2. If it is required for any legal proceeding;

  3. To prove or protect our legal rights; and

  4. To buyers or potential buyers of this company in the event that we seek to sell the company.

If you follow hyperlinks from our Site to another Site, please note that we are not responsible for and have no control over their privacy policies and practices.
 

How Long We Store Personal Data
User data will be stored until the purpose that the data was collected for has been achieved.

You will be notified if your data is kept for longer than this period.
 

How We Protect Your Personal Data
In order to protect your security, we use the strongest available browser encryption and store all of our data on servers in secure facilities. All data is only accessible to our employees. Our employees are bound by strict confidentiality agreements.

While we take all reasonable precautions to ensure that user data is secure and that users are protected, there always remains the risk of harm. The Internet as a whole can be insecure at times and therefore we are unable to guarantee the security of user data beyond what is reasonably practical.
 

International Data Transfers
We disclose user personal data to the following countries:

  1. United States.

When we transfer user personal data we will protect that data as described in this Privacy Policy and comply with applicable legal requirements for transferring personal data internationally.

If you are located in the United Kingdom or the European Union, we will only transfer your personal data if:

  1. The country your personal data is being transferred to has been deemed to have adequate data protection by the European Commission or, if you are in the United Kingdom, by the United Kingdom adequacy regulations; or

  2. We have implemented appropriate safeguards in respect of the transfer. For example, the recipient is a party to binding corporate rules, or we have entered into standard EU or United Kingdom data protection contractual clauses with the recipient.
     

Your Rights as a User
Under the GDPR, you have the following rights:

  1. Right to be informed;

  2. Right of access;

  3. Right to rectification;

  4. Right to erasure;

  5. Right to restrict processing;

  6. Right to data portability; and

  7. Right to object.
     

Children
We do not knowingly collect or use personal data from children under 16 years of age. If we learn that we have collected personal data from a child under 16 years of age, the personal data will be deleted as soon as possible. If a child under 16 years of age has provided us with personal data their parent or guardian may contact our privacy officer.
 

How to Access, Modify, Delete, or Challenge the Data Collected
If you would like to know if we have collected your personal data, how we have used your personal data, if we have disclosed your personal data and to who we disclosed your personal data, if you would like your data to be deleted or modified in any way, or if you would like to exercise any of your other rights under the GDPR, please contact our privacy officer here:

Megan Weaver
mrfangsmith@gmail.com
(04) 3303 7976
65 De Lisle Street, Balingup, Western Australia, 6253
 

Do Not Track Notice
Do Not Track ("DNT") is a privacy preference that you can set in certain web browsers. We do not respond to browser-initiated DNT signals. We are not responsible for and cannot guarantee how any third parties who interact with our Site and your data will respond to DNT signals.
 

How to Opt-Out of Data Collection, Use or Disclosure
In addition to the method(s) described in the How to Access, Modify, Delete, or Challenge the Data Collected section, we provide the following specific opt-out methods for the forms of collection, use, or disclosure of your personal data specified below:

  1. You can opt-out of the use of your personal data for marketing emails. You can opt-out by clicking "unsubscribe" on the bottom of any marketing email or updating your email preferences under "Your Account".
     

Cookie Policy
A cookie is a small file, stored on a user's hard drive by a website. Its purpose is to collect data relating to the user's browsing habits. You can choose to be notified each time a cookie is transmitted. You can also choose to disable cookies entirely in your internet browser, but this may decrease the quality of your user experience.

We use the following types of cookies on our Site:

  1. Functional cookies
    Functional cookies are used to remember the selections you make on our Site so that your selections are saved for your next visits;

  2. Analytical cookies
    Analytical cookies allow us to improve the design and functionality of our Site by collecting data on how you access our Site, for example, data on the content you access, how long you stay on our Site, etc; and

  3. Third-Party Cookies
    Third-party cookies are created by a website other than ours. We may use third-party cookies to achieve the following purposes:

    1. Registers which server cluster is serving the visitor. This is used in context with load balancing, in order to optimise user experience.;

    2. Necessary for measuring and reporting of website performance.;

    3. Used to detect if the visitor has accepted the marketing category in the cookie banner. This cookie is necessary for GDPR-compliance of the website.;

    4. Ensures visitor browsing security by preventing cross-site request forgery. This cookie is essential for the security of the website and visitor.;

    5. Preserves user session state across page requests.;

    6. To distinguish between humans and bots. This is cookie is beneficial for the website, in order to make valid reports on the use of their website.;

    7. Cookies necessary for the cache function. A cache is used by the website to optimize the response time between the visitor and the website. The cache is usually stored on the visitor’s browser.;

    8. Cookies necessary for the login function on the website.;

    9. Used by Google Analytics to collect data on the number of times a user has visited the website as well as dates for the first and most recent visit.; and

    10. Registers a unique ID that is used to generate statistical data on how the visitor uses the website.
       

Modifications
This Privacy Policy may be amended from time to time in order to maintain compliance with the law and to reflect any changes to our data collection process. When we amend this Privacy Policy we will update the "Effective Date" at the top of this Privacy Policy. We recommend that our users periodically review our Privacy Policy to ensure that they are notified of any updates. If necessary, we may notify users by email of changes to this Privacy Policy.
 

Complaints
If you have any complaints about how we process your personal data, please contact us through the contact methods listed in the Contact Information section so that we can, where possible, resolve the issue. If you feel we have not addressed your concern in a satisfactory manner you may contact a supervisory authority. You also have the right to directly make a complaint to a supervisory authority. You can lodge a complaint with a supervisory authority by contacting the Information Commissioner's Office in the UK, Data Protection Commission in Ireland.
 

Contact Information
If you have any questions, concerns or complaints, you can contact our privacy officer, Megan Weaver, at:

mrfangsmith@gmail.com
zero four 3303 7976
PO Box 271, Balingup, Western Australia, 6253

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