1.3. The Website may include third party content comprising links which will transfer you to the website of a third party, including websites of merchants and advertisers whose respective deals and advertisements are displayed on the Website. You are not required to click on the links, but if you do, you do so at your own risk. Feel SOMA™ is not responsible in any way for the privacy practices of such third parties and you are advised to view and read the privacy statements issued by them to ensure that you understand and agree to the same.
2.1. We will not collect any information from you which may, or may lead to, the disclosure of your identity as an individual (“Personal Information”) unless you choose to provide us with such information when you communicate with us in any way, including when you submit your Personal Information to us:
- (a) to purchase any Products;
- (b) to request for further information in relation to any Products offered or services supplied by Feel SOMA™
- (c) to contact Feel SOMA™ by way of email, telephone call, letter or through any other means of communication for any reason.
3.1. Any Personal Information submitted to us shall be used primarily for the purposes to which they were submitted or required and for administrative purposes.
3.2. We may also use your Personal Information for the following additional purposes:
- (a) to understand what your needs and requirements are;
- (b) to provide personalised content and match the most relevant services for you;
- (c) to contact you in response to any requests made by you;
- (d) to offer you any promotions or special rates; and
- (e) to profile your information preferences, for example, understanding how you use the Website, reviewing the nature of your communication and/or reviewing your search contents, any Products you purchase or Website pages you access.
3.3. In the event that we collect Personal Information of a sensitive nature (as defined in the Privacy Act 1988), we will not use that information for any purpose without your consent.
4.1. We do not sell or provide Personal Information to any third parties for commercial gain.
4.2. We may, however, disclose your Personal Information to our consultants, advisors, service providers and agents (“Authorised Representatives”) to assist us to achieve the purposes described in clause 3.
4.3. Additionally, we may be required to disclose your Personal Information in the following circumstances:
- (a) to comply with or enforce a legal process;
- (b) to receive technical assistance in the development, maintenance or management of our Website, apps and systems; and
- (c) to protect the rights, property or personal safety of other persons and/or the public, or to protect our business operations.
4.4. If you post or send offensive or objectionable content to us or otherwise engage in any disruptive behaviour towards us, we can use whatever information that is available to us about you to stop such behaviour. This may involve informing relevant third parties such as your employer and law enforcement agencies about the content and your behaviour.
5.1. By submitting or providing your Personal Information to us, you expressly acknowledge, consent and agree to:
- (a) our use or processing of your Personal Information for the purposes described in clauses 3.1 and 3.2;
- (b) the disclosure to, or use or processing by, Authorised Representatives for the purposes described in clause 4.2; and
- (c) the lawful disclosure of your Personal Information pursuant to clause 4.3.
5.2. We take reasonable steps to protect Personal Information from misuse, interference or loss, and from unauthorised access, modification or disclosure.
5.3. Notwithstanding the aforesaid, you expressly acknowledge and agree that the transmission of information is not completely secure. We are therefore unable to guarantee the security of Personal Information in all circumstances, and in this context the submission or provision of Personal Information is made at your own risk.
6.1. We may be required to retain your Personal Information and all other information submitted to us in order to comply with legal obligations, prevent fraud, collect fees owed (if any), resolve disputes and troubleshoot problems. Such retention is always done within a legal framework.
6.2. Subject to the foregoing, we will not retain Personal Information for a period longer than is required in connection with the original purpose of collection.
7.1. You have a right to ask for a copy of your Personal Information and to request us to correct any inaccuracies.
8.1. It is not our practice to transmit Personal Information overseas or to store it offshore.
If we do so for any reason, however, we will first either:
- (a) obtain the consent of the individual; or
- (b) ensure that the information is transmitted to or stored in a country which has data protection laws which are substantially similar to the Australian Privacy Principles and which the individual is able to personally enforce.
9.1. If you access and use our Website, such use and access may be tracked by us through analytics software, including cookies, supplied by third parties for the following purposes:
- (a) to review the frequency of your usage of the Website to allow us to tailor and improve on the features and functionality of the Website; and
- (b) to compile anonymous statistics patterns of use and access. A third party may collect such data on our behalf to measure the performance and success of the Website. Information collected is aggregated for reporting purposes, and no personally identifiable information is collected by this service. The use of this service assists us in measuring and improving the structure and ease of use of the Website.
9.2. Analytics software may also track IP addresses. An IP address is a number that can identify an Internet Service Provider, country location and so on. It cannot provide personal information of a user although to a certain extent, with appropriate software, the user of the IP Address may be de-anonymised.
9.3. It is possible that others may download analytics software to your computer or electronic device when you access, visit or use the Website. We cannot control nor do we have access to any analytics software placed on your computer by such other persons.
11.2. If you are dissatisfied with the manner in which we address any privacy complaint, we recommend that you seek independent legal advice or contact the Office of the Australian Information Commissioner direct.