Privacy Policy
INTRODUCTION
THE CULTIVATED ("Company" or "We") respects your privacy and is committed to protecting it through our compliance with this policy.
This policy describes the types of information we may collect from you or that you may provide when you visit the website http://www.thecultivated.com.au/ (the "Website") and our practices for collecting, using, maintaining, protecting and disclosing that information.
This policy applies to information we collect:
on the Website;
in e-mail, text and other electronic messages between you and the Website;
through any mobile and desktop applications you download from the Website, which provide dedicated non-browser-based interaction between you and the Website;
when you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy; and
It does not apply to information collected by:
Company offline or through any other means, including on any other website operated by Company or any third party (including our affiliates and subsidiaries); or
Any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Website.
Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use the Website. By accessing or using the Website, you agree to this privacy policy. This policy may change from time to time in Company’s sole discretion. Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.
CHILDREN UNDER THE AGE OF 13
The Website is not intended for children under 13 years of age. No one under age 13 may provide any personal information to or on the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or register on the Website, make any purchases through the Website, use any of the interactive or public comment features of the Website, or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at info@thecultivated.com.au.
INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT IT
We collect several types of information from and about users of the Website, including information: by which you may be personally identified, such as name, postal address, e-mail address or telephone number ("personal information”); that is about you but individually does not identify you, such as behaviour and usage details on the Website; and/or about your internet connection and the equipment you use to access our Website.
We collect this information: Directly from you when you provide it to us.
Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses and information collected through cookies, web beacons, and other tracking technologies.
From third parties, for example, our business partners.
INFORMATION YOU PROVIDE TO US
The information we collect on or through our Website may include: information that you provide by filling in forms on the Website. This includes information provided at the time of registering to use the Website, subscribing to our services, posting material or requesting further services. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with the Website;
records and copies of your correspondence (including e-mail addresses), if you contact us;
your responses to surveys that we might ask you to complete for research purposes;
details of transactions you carry out through the Website and of the fulfilment of your orders. You may be required to provide financial information before placing an order through the Website; and
your search queries on the Website;
You also may provide information to be published or displayed (hereinafter, "posted") on public areas of the Website, or transmitted to other users of the Website or third parties (collectively, "User Contributions"). Your User Contributions are posted on and transmitted to others at your own risk. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorised persons.
USAGE DETAILS, IP ADDRESSES, COOKIES AND OTHER TECHNOLOGIES
As you navigate through and interact with the Website, we may automatically collect certain information about your equipment, browsing actions and patterns, including: details of your visits to the Website, including traffic data, location data, logs and other communication data and the resources that you access and use on the Website; and information about your computer and internet connection, including your IP address, operating system and browser type.
The information we collect automatically is statistical data, and does not identify any individual. It helps us to improve the Website and to deliver a better and more personalised service by enabling us to: estimate our audience size and usage patterns; store information about your preferences, allowing us to customise our Website according to your individual interests; speed up your searches; and recognise you when you return to the Website.
The technologies we use for this automatic data collection may include:
Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of the Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
Flash Cookies. Certain features of the Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on the Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe's website.
Web Beacons. Pages of our the Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an e-mail, and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
We do not collect personal Information automatically, but we may tie this information to personal information about you that we collect from other sources or you provide to us.
THIRD-PARTY ADVERTISER USE OF COOKIES AND OTHER TRACKING TECHNOLOGIES.
Some advertisements on the Website are served by third-party advertisers, ad networks and ad servers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about our users. This may include information about users' behaviour on this and other websites to serve them interested-based (behavioural) advertising. We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement, you should contact the responsible advertiser directly.
HOW WE USE YOUR INFORMATION
We use information that we collect about you or that you provide to us, including any personal information: to present the Website and its contents to you;
to provide you with information, products or services that you request from us;
to fulfil any other purpose for which you provide it; to provide you with notices about your account/subscription, including expiration and renewal notices; to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection; to notify you about changes to our Website or any products or services we offer or provide though it; to allow you to participate in interactive features on our Website;
in any other way we may describe when you provide the information; and for any other lawful purpose.
We may also use your information to contact you about our own and third-parties' goods and services that may be of interest to you.
We may use the information we have collected from you to enable us to display advertisements to our advertisers' target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
DISCLOSURE OF YOUR INFORMATION
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
We may disclose personal information that we collect or you provide as described in this privacy policy: to our subsidiaries and affiliates; to contractors, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them;
to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganisation, dissolution or other sale or transfer of some or all of Company's assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by Company about the Website users is among the assets transferred; to third parties to market their products or services to you; to fulfil the purpose for which you provide it. For example, if you give us an e-mail address to use the "e-mail a friend" feature of our Website, we will transmit the contents of that e-mail and your e-mail address to the recipients and for any other lawful purpose disclosed by us when you provide the information.
We may also disclose your personal information: To comply with any court order, law or legal process, including to respond to any government or regulatory request.
To enforce or apply our terms of use and other agreements, including for billing and collection purposes.
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Company, our customers or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
CHANGING OR DELETING YOUR INFORMATION
You may review, update, correct or delete the personal information by contacting us or, if you have an Account, by making edits via the "My Account" section of the Website. If you completely delete all such information, then your account may become deactivated. If you would like us to delete your account in our system, please contact us at info@thecultivated.com.au with "Privacy" as the subject line of the email with a request that we delete your personal information from our database. We will use commercially reasonable efforts to honour your request. We may retain an archived copy of your records as required by law or for legitimate business purposes.
CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION
By signing up on the Website and providing your personal information, you are expressly consenting to receive communications from us and from anyone that we may provide your personal information. If you do not agree to these terms, then please do not use the Website. You may choose to stop receiving our newsletter or marketing emails from us by following the unsubscribe instructions included in these emails, or contact us at info@thecultivated.com.au.
ACCESSING AND CORRECTING YOUR INFORMATION
You can review and change your personal information by logging into the Website and visiting your account profile page.
NO LIABILITY.
You understand that your use of the Services is at your own risk. The Cultivated Group Pty Ltd shall not be responsible for any damages that may arise in connection with any transaction, your use of the Services or these Terms of Use.
APPLICABLE LAW; JURISDICTION.
The Services along with all products and features are designed for personal and legal uses only. It is your responsibility to comply with all national, state and local laws, rules and ordinances when using the Services. The laws of the State of Victoria will govern these Terms of Use, without regard to conflicts of law principles. Any and all claims and controversies arising out of and related to the Privacy Policy and these Terms of Use shall be settled in the courts of competent jurisdiction in Melbourne Victoria Australia. Any such claim or controversy shall be adjudicated on an individual basis and shall not be consolidated with a claim of any other party. The foregoing shall not preclude the Company from seeking any injunctive relief in courts of competent jurisdiction located in other countries and jurisdictions for protection of the The Cultivated Group Pty Ltd IP.
DATA SECURITY
We have implemented certain measures designed to secure your personal information from accidental loss and from unauthorised access, use, alteration and disclosure, the safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of the Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Website like message boards. The information you share in public areas may be viewed by any user of the Website.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to the Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
CHANGES TO OUR PRIVACY POLICY
It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users' personal information, we will notify you by e-mail to the e-mail address specified in your account or through a notice on the Website home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable e-mail address for you, and for periodically visiting our Website and this privacy policy to check for any changes.
CONTACT INFORMATION
To ask questions or comment about this privacy policy and our privacy practices, contact us at info@thecultivated.com.au.