Introduction

This website is owned and operated by Spinaleze Pty Ltd (ABN: 44 135 147 205), and is here in referred to as ‘the project’ and/or ‘the web site’ and/or ‘the site’. Access to the web site is subject to the user’s acceptance and agreement with the terms, conditions, notices and disclaimers contained herein. Use of, and/or access to, the web site constitutes agreement to the Terms of Use. The Project owner reserves the right to amend the Terms of Use at any time. Since users are bound by the Terms of Use, they should periodically refer to them in this document and elsewhere on the web site.

 

 PRIVACY POLICY

Spinaleze Pty Ltd T/As Spinaleze

1.        We respect your privacy

  1. Spinaleze Pty Ltd T/As Spinaleze respects your right to privacy and is committed to safeguarding the privacy of our customers and website visitors. This policy sets out how we collect and treat your personal information.
  2. We adhere to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth) and to the extent applicable, the EU General Data Protection Regulation (GDPR).
  3. "Personal information" is information we hold which is identifiable as being about you. This includes information such as your name, email address, identification number, or any other type of information that can reasonably identify an individual, either directly or indirectly.
  4. You may contact us in writing at Suite 4 197 Military Road, Neutral Bay, New South Wales, 2089 for further information about this Privacy Policy.

2.        What personal information is collected

  1. Spinaleze Pty Ltd T/As Spinaleze will, from time to time, receive and store personal information you submit to our website, provided to us directly or given to us in other forms.
  2. You may provide basic information such as your name, phone number, address and email address to enable us to send you information, provide updates and process your product or service order.
  3. We may collect additional information at other times, including but not limited to, when you provide feedback, when you provide information about your personal or business affairs, change your content or email preference, respond to surveys and/or promotions, provide financial or credit card information, or communicate with our customer support.
  4. Additionally, we may also collect any other information you provide while interacting with us.

3.        How we collect your personal information

  1. Spinaleze Pty Ltd T/As Spinaleze collects personal information from you in a variety of ways, including when you interact with us electronically or in person, when you access our website and when we engage in business activities with you. We may receive personal information from third parties. If we do, we will protect it as set out in this Privacy Policy.
  2. By providing us with personal information, you consent to the supply of that information subject to the terms of this Privacy Policy.

4.        How we use your personal information

  • Spinaleze Pty Ltd T/As Spinaleze may use personal information collected from you to provide you with information about our products or services. We may also make you aware of new and additional products, services and opportunities available to you.
  • Spinaleze Pty Ltd T/As Spinaleze will use personal information only for the purposes that you consent to. This may include to:
    1. provide you with products and services during the usual course of our business activities;
    2. administer our business activities;
    3. manage, research and develop our products and services;
    4. provide you with information about our products and services;
    5. communicate with you by a variety of measures including, but not limited to, by telephone, email, sms or mail; and
    6. investigate any complaints.
  • If you withhold your personal information, it may not be possible for us to provide you with our products and services or for you to fully access our website.
  • We may disclose your personal information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, legal proceedings or in response to a law enforcement agency request.
  • If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases.

5.        Disclosure of your personal information

  1. Spinaleze Pty Ltd T/As Spinaleze may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this privacy policy.
  2. If we do disclose your personal information to a third party, we will protect it in accordance with this privacy policy.

6.        General Data Protection Regulation (GDPR) for the European Union (EU)

  1. Spinaleze Pty Ltd T/As Spinaleze will comply with the principles of data protection set out in the GDPR for the purpose of fairness, transparency and lawful data collection and use.
  2. We process your personal information as a Processor and/or to the extent that we are a Controller as defined in the GDPR.
  3. We must establish a lawful basis for processing your personal information. The legal basis for which we collect your personal information depends on the data that we collect and how we use it.
  4. We will only collect your personal information with your express consent for a specific purpose and any data collected will be to the extent necessary and not excessive for its purpose. We will keep your data safe and secure.
  5. We will also process your personal information if it is necessary for our legitimate interests, or to fulfil a contractual or legal obligation.
  6. We process your personal information if it is necessary to protect your life or in a medical situation, it is necessary to carry out a public function, a task of public interest or if the function has a clear basis in law.
  7. We do not collect or process any personal information from you that is considered "Sensitive Personal Information" under the GDPR, such as personal information relating to your sexual orientation or ethnic origin unless we have obtained your explicit consent, or if it is being collected subject to and in accordance with the GDPR.
  8. You must not provide us with your personal information if you are under the age of 16 without the consent of your parent or someone who has parental authority for you. We do not knowingly collect or process the personal information of children.

7.        Your rights under the GDPR

  • If you are an individual residing in the EU, you have certain rights as to how your personal information is obtained and used. Spinaleze Pty Ltd T/As Spinaleze complies with your rights under the GDPR as to how your personal information is used and controlled if you are an individual residing in the EU
  • Except as otherwise provided in the GDPR, you have the following rights:
    1. to be informed how your personal information is being used;
    2. access your personal information (we will provide you with a free copy of it);
    3. to correct your personal information if it is inaccurate or incomplete;
    4. to delete your personal information (also known as "the right to be forgotten");
    5. to restrict processing of your personal information;
    6. to retain and reuse your personal information for your own purposes;
    7. to object to your personal information being used; and
    8. to object against automated decision making and profiling.
  • Please contact us at any time to exercise your rights under the GDPR at the contact details in this Privacy Policy.
  • We may ask you to verify your identity before acting on any of your requests.

8.        Hosting and International Data Transfers

  1. Information that we collect may from time to time be stored, processed in or transferred between parties or sites located in countries outside of Australia. These may include, but are not limited to Australia/Europe/United States of America.
  2. We and our other group companies have offices and/or facilities in Australia/Europe/United States of America. Transfers to each of these countries will be protected by appropriate safeguards, these include one or more of the following: the use of standard data protection clauses adopted or approved by the European Commission which you can obtain from the European Commission Website; the use of binding corporate rules, a copy of which you can obtain from Spinaleze Pty Ltd T/As Spinaleze's Data Protection Officer.
  3. The hosting facilities for our website are situated in Australia/Europe/United States of America. Transfers to each of these Countries will be protected by appropriate safeguards, these include one or more of the following: the use of standard data protection clauses adopted or approved by the European Commission which you can obtain from the European Commission Website; the use of binding corporate rules, a copy of which you can obtain from Spinaleze Pty Ltd T/As Spinaleze's Data Protection Officer.
  4. Our Suppliers and Contractors are situated in Australia/Europe/United States of America. Transfers to each of these Countries will be protected by appropriate safeguards, these include one or more of the following: the use of standard data protection clauses adopted or approved by the European Commission which you can obtain from the European Commission Website; the use of binding corporate rules, a copy of which you can obtain from Spinaleze Pty Ltd T/As Spinaleze's Data Protection Officer.
  5. You acknowledge that personal data that you submit for publication through our website or services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others.

9.        Security of your personal information

  1. Spinaleze Pty Ltd T/As Spinaleze is committed to ensuring that the information you provide to us is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.
  2. Where we employ data processors to process personal information on our behalf, we only do so on the basis that such data processors comply with the requirements under the GDPR and that have adequate technical measures in place to protect personal information against unauthorised use, loss and theft.
  3. The transmission and exchange of information is carried out at your own risk. We cannot guarantee the security of any information that you transmit to us, or receive from us.  Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that personal information that we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.

10.     Access to your personal information

  1. You may request details of personal information that we hold about you in accordance with the provisions of the Privacy Act 1988 (Cth), and to the extent applicable the EU GDPR. If you would like a copy of the information which we hold about you or believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please email us at help@spinaleze.com.au.
  2. We reserve the right to refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act or any other applicable law.

11.     Complaints about privacy

  1. If you have any complaints about our privacy practices, please feel free to send in details of your complaints to help@spinaleze.com.au. We take complaints very seriously and will respond shortly after receiving written notice of your complaint.

12.     Changes to Privacy Policy

  1. Please be aware that we may change this Privacy Policy in the future. We may modify this Policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on our website or notice board. Please check back from time to time to review our Privacy Policy.

13.     Website

  1. When you visit our website
  • When you come to our website (www.spinaleze.com.au), we may collect certain information such as browser type, operating system, website visited immediately before coming to our site, etc. This information is used in an aggregated manner to analyse how people use our site, such that we can improve our service.
  1. Cookies
  • We may from time to time use cookies on our website. Cookies are very small files which a website uses to identify you when you come back to the site and to store details about your use of the site. Cookies are not malicious programs that access or damage your computer. Most web browsers automatically accept cookies but you can choose to reject cookies by changing your browser settings. However, this may prevent you from taking full advantage of our website. Our website may from time to time use cookies to analyses website traffic and help us provide a better website visitor experience. In addition, cookies may be used to serve relevant ads to website visitors through third party services such as Google AdWords. These ads may appear on this website or other websites you visit.
  1. Third party sites
  • Our site may from time to time have links to other websites not owned or controlled by us. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that Spinaleze Pty Ltd T/As Spinaleze is not responsible for the privacy practises of other such websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personal identifiable information.

Restrictions on use of content and intellectual property the web site

All materials, text, graphics, information, software and advertisements on the web site is Copyright © 2008 The Project, the authors and managers and partners and/or licensors unless expressly indicated otherwise on the web site. The content is protected by International and Australian trademark and copyright laws. The contents of the web site is published in real-time, must not be copied, reproduced, modified, republished, uploaded to a third party, transmitted, posted or distributed in any way, electronically or otherwise, without the express authorisation of The Project, except where authorised on the web site, or is expressly authorised in writing by The Project or its authorized partners or members. Strictly on the condition that users keep all content intact and in the same form as presented on the web site (including without limitation all copyright, trademark and other proprietary notices and all advertisements), users may: a) using an industry-standard Web browser, download and view the content for personal, non-commercial use, or b) Internet service and/or access providers, may supply the content to subscribers. The web site must not be used in any manner or for any purpose, which is unlawful, or in any manner which violates any right of The Project or a partner or member or which is prohibited by the Terms of Use.

Public use of the web site

The Project web site contains facilities by which members of the community, businesses and other organisations can provide information, offers, notices and other information to other users. It is a condition of use of any such facility that none of the following occurs: restrict or inhibit any other user from using or enjoying any public communication facility; post or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law; post or transmit any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trademark or any other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder; post or transmit any material of any kind which contains a virus or other harmful component; delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded; or download any file posted by any other user of a public interface if the user knows, or reasonably ought to know, that the file cannot legally be distributed in such manner. The Project will monitor and review the contents of the web site. While it reserves its right to edit, refuse to post or to remove any information and/or materials (in whole or in part) that in the opinion of The Project is in any way objectionable or in violation of any applicable law or the Terms of Use, The Project has no obligation whatsoever to monitor any content submitted by the public or to edit, delete or refuse to post such contents, nor is The Project responsible for any contents in any content (including any information, comments and/or advice of any individual whose statements on the web site are solely their own). The user expressly acknowledges and agrees that the web site provides a means of public and not private communications. The Project reserves the right to co-operate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law.

User licence to The Project

By posting any information or other material on the web site (including posting messages, uploading files, inputting data or engaging in any other form of communication), the user grants to The Project a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to do the following in respect of the information or material: 1. Use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display, and 2. Sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted. The foregoing grant includes the right to exploit all proprietary rights in any such information or other material including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide. The user expressly waives in favour of The Project and any other party authorised by The Project all moral rights and any similar rights in any jurisdiction, which the user may have or hereafter acquire in respect of any relevant communication or other material. At the request of The Project, and expense of the user, the user will execute and deliver to The Project such instruments and take such other actions as may be required to carry out this grant of licence and waiver.

Advertising, links to third party websites and e-commerce offers

The web site contains hyperlinks and other pointers to Internet websites operated by third parties. These linked websites are not necessarily under the control of The Project, and The Project is not responsible for the contents of any linked web site or any hyperlink contained in a linked website. The Project provides these hyperlinks to users as a convenience only, and the inclusion of any link does not imply any endorsement of the linked website by The Project or its partners or members. The user links to any such website entirely at their own risk. The web site also contains third party advertisements (including banner ads other advertising material) which contain embedded hyperlinks or which include referral buttons to websites operated by third parties or their licensees or contractors. All third party advertising (including referral buttons and embedded hyperlinks) may or may not be paid for by the relevant third party advertisers and are not recommendations or endorsements by The Project or its partners or members or their respective directors or employees. The user is referred to the relevant advertiser for all information regarding the advertiser and its products and/or services. In some instances, the advertisement will contain representations or offers by the third party advertiser, which the user can accept by linking to the advertiser’s website and executing the relevant transaction. Such offers are not necessarily made by The Project, and the third party advertiser is solely responsible to the user for the delivery of any goods or services the user purchases on the third party website. The product prices listed in any associated web site are the responsibility of the relevant retailer and are accurate at the time of upload. They are subject to change without notice by the retailer. The Project is not liable for the prices or price changes, including where price changes have not been reflected on the associated sites. The use of associated sites is subject to The Project terms of use.

Limitation of liability and Disclaimer

The Trade Practices Act and similar State and Territory Legislation in Australia, may confer rights and remedies on the user in relation to the provision by The Project of goods or services on the web site which cannot be excluded, restricted or modified (“Non-excludable Rights”). The Project does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute. Except as provided for by the Non-excludable Rights: a) all Content is provided “as is” and without warranties of any kind, either express or implied, b) The Project and its suppliers expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose, c) The Project does not warrant that the functions contained in any content or any public interface or user access to the web site will be uninterrupted or error-free, that any defects will be corrected or that the web site or the server which stores and transmits content to the user are free of viruses or any other harmful components, d) The Project does not warrant or make any representation regarding the users access to, or the results of the users access to, the web site (including any related or linked websites) or any content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and e) the user (and not The Project) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant content. Under no circumstances (including but not limited to any act or omission on the part of The Project) will The Project or its partners or members be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the web site or any content. The user expressly acknowledge and agrees that The Project does not exert control over users of the web site and is not liable either for their opinions or their behavior including any information and/or advice and any defamatory statements or offensive conduct. To the fullest extent permitted by law, The Projects’ liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of The Project to the following: in the case of services supplied or offered by The Project, (a) the supply of the services again, or (b) the payment of the cost of having services supplied again; and in the case of goods supplied or offered by The Project, (c) the replacement of the goods or the supply of equivalent goods, (d) the repair of such goods, (e) the payment of the cost of replacing the goods or acquiring equivalent goods, or (f) the payment of the cost of having the goods repaired.

Termination

The Terms of Use are effective until terminated by The Project, and The Project may terminate this agreement and users’ access to the web site at any time without notice. In the event of termination, users are no longer authorised to access the web site, but all restrictions imposed on the user, licenses granted by the user and all The Project disclaimers and limitations of liability set out in the Terms of Use will survive.

Miscellaneous

The Project relies on the user’s continued observance of these Terms of Use. If The Project suffers any loss or damage or incurs any costs in connection with any breach of these Terms of Use or any other legal obligation then the user agrees to indemnify The Project for those losses, damages and costs. This agreement will be governed by and construed in accordance with the laws the Australian Capital Territory, Australia, where The Project is hosted. The user irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of the Australian Capital Territory. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement, which will continue in full force and effect. All rights not expressly granted herein are reserved.