PRIVACY POLICY

Privacy Policy – Yellow Octopus

The YellowOctopus.com.au (“Website”) is owned and operated by Activminds Pty Ltd (ABN 44 007 337 742) (referred to as Yellow Octopus, “we”, “our” or “us”).

We are committed to respecting the privacy of your personal information, and complying with the Australian Privacy Principles and the Privacy Act 1998 (Cth) (“Privacy Act”).

This Privacy Policy outlines our policy in relation to the collection, use, disclosure and handling of your personal information.

By submitting your personal information to us, or visiting the Website and/or accessing our services, you are accepting and consenting to the practices described in this Privacy Policy.

What Information We Collect

We may collect information about you when you use our services, such as placing an order for the purchase of product(s) or where you otherwise interact with the Website.

Personal information we collect may include, but is not limited to:

  • your contact details, including your name, phone number, postal address and email address;
  • your transactional order and payment details;
  • other information reasonably relevant to the provision of our services, such as records of which products you are interested in and which products you purchase as well as customer traffic patterns and site use;
  • information about where you shop or what your interests are, so that we can improve our service and product offering to you; and
  • any other personal information you provide to us in relation to your access to the Website or our services.

When visiting our Website or accessing our services, we may also collect and store the following information:

        • your IP address;
        • your browser type;
        • the webpage you were visiting before you came to our Website;
        • details of the pages within the Website you visit; and
        • the time spent on those pages, items, and information searched on our Website, access times, dates and other statistics.
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How and why we collect your personal information

We only collect personal information through lawful and fair means, including for the purposes of providing you with access to our Website and services. It is our usual practice to only collect personal information directly from you, however, there may be situations where we collect information about you from other sources or third parties (such as your organisation, your representatives and information service providers).

We may collect personal information from our related companies in the Marlin Brands Group (“Related Companies”) for the purposes of data analytics across websites in the Marlin Brands Group and to enable us to better customise your experience and our service offering to you.

We may collect personal information from you in circumstances such as when you:

  • are browsing or otherwise interacting with our Website;
  • registering an account on our Website;
  • communicating with us through written correspondence, telephone calls, chats, emails or when you share information with us through other social applications, services or sites; or
  • interact with us, our services, content or advertising.
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How We Use Your Personal Information

We will use your personal information for the purposes of delivering, administering and improving the products and services that we offer to you.

In addition, we may also use your personal information:

  • to communicate with you, including about products and services, competition results, special offers, promotional material and events which might interest you, being offered by either us or our Related Companies to verify your identity, answer your questions, respond to your complaints and provide customer support services to you;
  • to help prevent fraud (e.g. we may check payment card details with our credit agency, who may keep a record of that information, and reserve the right to refuse orders on that basis);
  • to verify your age, in the event you are purchasing age-restricted products such as bladed items or alcohol;
  • to create orders, transaction records, tax invoices or receipts and otherwise maintain your Yellow Octopus customer account;
  • to undertake product and service development, quality control and research to improve our Website and provide a more personal shopping experience including the way Yellow Octopus and our Related Companies and service providers provide products and services to you; and
  • as otherwise permitted or required by law (such as to comply with obligations under the Privacy Act in relation to mandatory data breach notification).

In the event we hold personal information that is unsolicited, and we were not permitted to collect it, the personal information will be destroyed as soon as practicable. If we collect personal information about you from someone else, we will advise you, as soon as and as far as practicable, that this information has been collected and the circumstances of the collection.

Disclosure of Your Personal Information

We may disclose your personal information to:

  • our Related Companies;
  • third parties that assist us in providing products and services you have requested, such as delivery service providers and fulfilment managers;
  • parties that you authorise us to disclose your personal information;
  • government and regulatory authorities, as required or authorised by law;
  • our professional advisors; or
  • other third parties permitted by law.

Third parties to whom we disclose personal information may from time to time be located overseas, including, but not limited to, our partners and affiliates in the United States of America. You consent to any such overseas disclosure and acknowledge APP 8.1 will not apply to such disclosure.

Cookies

In order to improve our services and your experience when accessing our Website we may use a device known as a 'cookie'. Cookies are a means by which information relating to your Internet activity (such as whether you have visited the Website before) is recorded on your hard drive.

If you do not wish for us to use cookies when you use the Website, you can adjust your Internet browser settings to not accept cookies. The 'Help' option on the menu bar of your web browser should explain you how to do this. Please note that cookies allow you to take full advantage of the services we provide through the Website and so we recommend that you leave them turned on.

We may allow other companies, called third-party ad servers or ad networks, to serve advertisements within our web pages. We do NOT provide any personally identifiable customer information to these advertisers or third-party websites.

Please note the following in relation to third party ad servers:

  • Cookies: Because your web browser must request these advertising banners from the ad network Web site, these companies can send their own cookies to your cookie file, just as if you had requested a web page from our website. Please note that if an advertiser asks us to show an advertisement to a certain audience (for example, men ages 18-34) or audience segment (for example, men ages 13-24 who have viewed sports content) and you respond to that ad, the advertiser or ad-server may conclude that you fit the description of the audience they are trying to reach. We only authorise our third-party ad servers to employ anonymous cookies for ad delivery and anonymous targeting.
  • Opting Out of Third-Party Ad Serving: If you want to prevent a third-party ad server from sending and reading cookies on your computer, you may either turn off cookies in your browser, or visit each ad network's site individually and opt out (if they offer this capability).

 

Access to and correction of your personal information

We take reasonable steps to make sure that the personal information we collect, use and disclose is accurate, complete and up-to-date.

If you need to access or correct any personal information we hold about you, please contact us using the “Contact Details” set out below. We request that you provide us with as much detail as you can about the particular information you seek access to or correction of, in order to help us retrieve it. We will endeavour to process your request as soon as practicable.

An access fee may be charged to cover our costs of providing the requested information to you. In certain circumstances, we may refuse to provide you with access or to correct your personal information including, but not limited to where:

  • giving access would pose a serious threat to the life, health or safety of any individual, or to public health or public safety;
  • giving access would have an unreasonable impact on the privacy of other individuals;
  • the request for access is frivolous or vexatious;
  • giving access would be unlawful; or
  • denying access is otherwise required or authorised by law.

If that is the case, we will give you our reasons for that decision. Where we decide not to update your personal information, you can request us to attach to the personal information a statement of the update sought. In some circumstances where we correct a record, we may still require the retention of the original record.

Data Security and Storing of Personal Information

We take reasonable steps to protect the personal information we hold from misuse, interference and loss and from unauthorised access, modification or disclosure. This protection applies in relation to information stored in both electronic and hard copy form.

We use a number of procedures and processes to ensure, where possible, the security and integrity of your personal information including by:

  • maintaining physical access restrictions, password protections and technology products to prevent unauthorised computer access; and
  • securely destroying or de-identifying your personal information when it is no longer needed for any purpose for which the information may be used or disclosed under this Privacy Policy, excepting as required or authorised by law or for our record retention purposes.

 

Yellow Octopus uses the latest security measures to protect your details when you shop with us. Your credit card information will be encrypted by our servers, or PayPal, our payment system supplier. We use GeoTrust's 256-bit SSL Security Software to encrypt your credit/debit card information when you place an order on our secure server. PayPal's privacy policy can be viewed here.

While we strive to protect your personal information, we cannot guarantee 100% the security of any information (personal or other) you transmit to us over the Internet. Therefore, we do not warrant the security of any information you transmit to use over the internet and you do so at your own risk.

Marketing Communications

When ordering from Yellow Octopus, entering competitions or otherwise interacting with us we may give you the chance to subscribe to our email newsletter or to offers, events or other products from reputable third party companies that you may find interesting. We promise not to bombard you with emails - to make it worth your while we only get in touch when we truly have interesting news to share. If you no longer wish to receive email newsletters, please notify us using the links provided in each newsletter. We may also from time to time send you the Yellow Octopus catalogue by post to the invoice address specified when placing your order. If you do not wish to receive further catalogues you may do so by contacting us by email or telephone using the contact details provided below.

Third Party Sites

Please be aware that our Website may also contain links and pointers to other websites maintained by third party providers. These links are provided for your convenience only.

These third party websites are not under our control and we are not responsible for such sites (including the suitability for your intended use of those sites). We do not endorse or recommend any third party website or any associates provider organisation or third products or services. You are responsible for reading the privacy policies or statements of those third party websites.

Contacts Details

If you have any questions or comments about privacy or the Yellow Octopus Privacy Policy, wish to exercise any of your rights under this Privacy Policy, have any questions, comments or complaints regarding our practices or you would like to request a printed copy of this Privacy Policy, you can contact us using the details below.

You may contact Yellow Octopus by:

  • going to our Contact Us page; or
  • telephoning 03 9017 1686 during office hours of 9-6 Mon-Fri

We would ask that any complaint should be made first in writing to us. We will then respond to your complaint in writing and in accordance with any timeframes required by law. We may request you to provide further information about your complaint to duly assess your complaint. For information about privacy generally, or if your concerns are not resolved to your satisfaction, you may contact the Office of the Australian Information Commissioner at www.oaic.gov.au and on 1300 363 992.

Changes to the Privacy Policy

We reserve the right to change, modify or update this Privacy Policy at any time, without liability to you, by publication on the Website, e effective immediately upon publication.

This Privacy Policy was last updated on 09/09/2021.