Privacy Policy v2.2

1. Introduction

1.1 This policy applies where we are acting as a data controller with respect to the personal data of our website visitors and customers in other words, where we determine the purposes and means of the processing of that personal data.

1.2 We use cookies on our website. Insofar as those cookies that are not strictly necessary for the provision viewing our website, we will ask you to consent to our use of cookies when you first visit our website.

2. Credit

2.1 This document was created using a template from SEQ Legal (https://seqlegal.com).

3. How we use your personal data

3.1 In this Section 3 we have set out:

(a) the general categories of personal data that we may process;

(b) in the case of personal data that we did not obtain directly from you, the source and specific categories of that data;

(c) the purposes for which we may process personal data; and

(d) the legal bases of the processing.

3.2 We may process data about your use of our website and services (“usage data“). The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the usage data is Google Analytics and an affiliate tracking plugin on our website. This usage data may be processed for the purposes of analysing the use of the website and services. The legal basis for this processing is our legitimate interests, namely monitoring and improving our website and services.

3.3 We may process your account data (“account data“). The account data may include your name, photo, mailing address, phone number and email address. The source of the account data is yourself, or your social media profile (if you choose to log in using your social media account, e.g. Facebook). The account data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is our legitimate interests, namely the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.

3.4 We may process information that you post for publication on our website or through our services (“publication data“). The publication data may be processed for the purposes of enabling such publication and administering our website and services. The legal basis for this processing is consent.

3.5 We may process information relating to transactions, including purchases of goods and services, that you enter into with us and/or through our website (“transaction data“). The transaction data may include your contact details, PayPal details, IP address and the transaction details. The transaction data may be processed for the purpose of supplying the purchased goods and services and keeping proper records of those transactions. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract and our legitimate interests, namely the proper administration of our website and business.

3.6 We may process information that you provide to us for the purpose of subscribing to our email notifications, browser notifications and/or newsletters (“notification data“). The notification data may be processed for the purposes of sending you the relevant notifications and/or newsletters. The legal basis for this processing is consent.

3.7 We may process information contained in or relating to any communication that you send to us (“correspondence data“). The correspondence data may include the communication content and metadata associated with the communication. Our website will generate the metadata associated with communications made using the website contact forms. The correspondence data may be processed for the purposes of communicating with you and record-keeping. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business and communications with users.

3.8 We may process any of your personal data identified in this policy where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.

3.9 We may process any of your personal data identified in this policy where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks.

3.10 In addition to the specific purposes for which we may process your personal data set out in this Section 3, we may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

3.11 Please do not supply any other person’s personal data to us, unless we prompt you to do so or they have given you with consent to provide it to us.

4. Providing your personal data to others

4.1 We may disclose your personal data to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

4.2 Some of our orders are manufactured, processed and delivered by external distribution companies, and therefore we may provide your personal details to those companies for the purposes of fulfilling your order.

4.3 We disclose notification data and selected transaction data to our email service provider Mailchimp as reasonably necessary for the purposes of providing the service, identifying and communicating with you, responding to your enquiries and improving our services. With your consent, we use Mailchimp to contact you with newsletters, marketing or promotional materials and to deliver abandoned cart notifications. You can find information about Mailchimp’s privacy policies and practices at https://mailchimp.com/legal/privacy/

4.4 Financial transactions relating to our website and services are handled by our payment services provider, Paypal, Stripe or AfterPay (where relevant). We will share transaction data with our payment services providers only to the extent necessary for the purposes of processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds. You can find information about Paypal’s privacy policies and practices at https://www.paypal.com/us/webapps/mpp/ua/privacy-full. You can find information about Stripe’s privacy policies and practices at https://stripe.com/en-au/privacy.

4.5 We disclose your name and email address to Customer Reviews Limited, necessary for the purposes of emailing you to ask you to submit a review in respect to your order and to publish your review on the website. You can find information about Customer Reviews Limited’s privacy policies and practices at https://www.cusrev.com/privacy-policy.

4.6 In addition to the specific disclosures of personal data set out in this Section 4, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

4.7 We disclose your personal details when you sign up to our newsletter to Mailchimp for the purposes of sending you emails, as well as Facebook (Meta), Google, TikTok and Pinterest for the purposes of serving our content to you.

5. International transfers of your personal data

5.1 Our office is based in Australia and our hosting facilities are situated in the United States of America. Data you submit to us may be transferred to other countries. If you are located in the European Economic Area (EEA), we provide information in this section about the circumstances in which your personal data may be transferred to countries outside the EEA.

5.2 Financial transactions relating to our website and services are handled by our payment services provider, Paypal. PayPal may transfer information they process about your order outside the EEA. Where they do so, they will ensure appropriate safeguards are in place. You can access their privacy policy at https://www.paypal.com/us/webapps/mpp/ua/privacy-full.

5.3 Our email service provider is Mailchimp. You can access their privacy policy at https://mailchimp.com/legal/privacy/. Mailchimp is located in United States of America. This country is not subject to an adequacy decision by the European Commission. Transfers to United States of America will be protected by appropriate safeguards, namely MailChimp has self-certified its compliance with the EU-U.S. Privacy Shield which is available at https://www.privacyshield.gov/welcome.

5.4 The EU-U.S. Privacy Shield is an approved certification mechanism under Article 42 of the General Data Protection Regulation, which is permitted under Article 46(2)(f) of the General Data Protection Regulation. You can access the European Commission decision on the adequacy of the EU-U.S. Privacy Shield at http://ec.europa.eu/justice/data-protection/international-transfers/adequacy/index_en.htm

5.5 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.

6. Retaining and deleting personal data

6.1 Personal data that we process for any purpose or purposes will not be kept for longer than is necessary for that purpose or those purposes.

6.2 In some cases, your data may be anonymized for research purposes and used indefinitely.

6.3 We will retain your personal data as follows:

(a) account data and transaction data will be retained for a minimum period of 7 years and for a maximum period of 10 years following the end of the financial year in which you placed your order, in accordance with our legal obligation to keep records for tax purposes.

(b) correspondence data will be retained for as long as it takes to respond to and resolve your enquiry, and for a maximum 12 months after your enquiry has been resolved.

(c) notification data will be retained for as long as you remain subscribed and do not unsubscribe or opt-out.

6.4 In any other cases and notwithstanding the other provisions of this Section 6, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

7. Amendments

7.1 We may update this policy from time to time by publishing a new version on our website.

7.2 You should check this page occasionally to ensure you are happy with any changes to this policy.

8. Your rights

8.1 In this Section 8, we have summarised the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.

8.2 Your principal rights under data protection law are:

(a) the right to access;

(b) the right to rectification;

(c) the right to erasure;

(d) the right to restrict processing;

(e) the right to object to processing;

(f) the right to data portability;

(g) the right to complain to a supervisory authority; and

(h) the right to withdraw consent.

8.3 You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee. You can access your personal data by visiting https://sarahrenaeclark.com/shop/my-account/ when logged into the website, or by contacting us VIA email.

8.4 You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.

8.5 In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully processed. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defence of legal claims.

8.6 In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defence of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.

8.7 You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.

8.8 You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.

8.9 You have the right to object to our processing of your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

8.10 To the extent that the legal basis for our processing of your personal data is:

(a) consent; or

(b) that the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract,

and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.

8.11 If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.

8.12 To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.

8.13 You may exercise any of your rights in relation to your personal data by written notice to us or through your ‘my account’ page (if you have a registered account).

9. About cookies

9.1 A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.

9.2 Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.

9.3 Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.

10. Cookies that we use

10.1 We use cookies for a variety of purposes, categorized as follows:

(a) Essential cookies – cookies which are required for the use of this website, for example (but not limited to), remembering your session or login, remembering data you input into fields, keeping track of items you have added to your shopping cart. Cookies used for this purpose are: PHPSESSID, uap_referral, wp-settings-1, wp-settings-time-1, woocommerce_cart_hash, woocommerce_items_in_cart, wordpress_logged_in*, wp_woocommerce_session*, wordpress_sec*, wordpress_test_cookie, fusionredux_current_tab, tve_api_mailchimp_optin as well as some third-party cookies identified in section 11.6 of this policy.

(b) Functionality cookies – cookies which are used to enhance your website experience and allow it to remember woocommerce_recently_viewed, tl-conv*, tl-conversion*, optimizelyEndUserId, optimizelyBuckets, optimizelySegments, optimizelyRedirect, optimizelyPendingLogEvents

(c) Analytics cookies – we use cookies to help us to analyse the use and performance of our website and services. Cookies used for this purpose are third-party cookies identified in section 11.2, 11.4, 11.5, 11.6 & 11.7 of this policy.

(d) Advertising cookies – we use cookies [to help us to display advertisements that will be relevant to you. Cookies used for this purpose are third-party cookies identified in section 11.3 and 11.8 of this policy.

11. Cookies used by our service providers

11.1 Our service providers use cookies and those cookies may be stored on your computer when you visit our website.

11.2 We use Google and Google Analytics to analyse the use of our website. Google gathers information about website use by means of cookies. The information gathered relating to our website is used to create reports about the use of our website. Google’s privacy policy is available at: https://www.google.com/policies/privacy/. The relevant cookies are: NID, _ga, _gid, _gat, PREF, VISITOR_INFO1_LIVE, YSC.

11.3 We publish Google AdSense interest-based advertisements on our website. These are tailored by Google to reflect your interests. To determine your interests, Google will track your behaviour on our website and on other websites across the web using cookies. You can view, delete or add interest categories associated with your browser by visiting: support.google.com/accounts/answer/2662856. You can also opt out of the AdSense partner network cookie using those settings or using the Network Advertising Initiative’s multi-cookie opt-out mechanism at: http://optout.networkadvertising.org. However, these opt-out mechanisms themselves use cookies, and if you clear the cookies from your browser your opt-out will not be maintained. To ensure that an opt-out is maintained in respect of a particular browser, you may wish to consider using the Google browser plug-ins available at: https://support.google.com/ads/answer/7395996. The relevant cookies are: _gads, _gac, IDE.

11.4 We use Mailchimp as our email service provider. This service uses cookies for tracking your e-commerce activity, and your relationship between email campaigns we send you and our website. You can view the privacy policy of this service provider at https://mailchimp.com/legal/privacy/. The relevant cookies are: mailchimp_campaign_id, mailchimp_email_id, mailchimp.cart*, mailchimp_landing_site.

11.5 We use Heap Analytics to analyze the use of our website. Heap Analytics gathers information about website use by means of cookies. The information gathered relating to our website is used to create reports about the use of our website. Heap Analytics’ privacy policy is available at: https://heapanalytics.com/privacy. The relevant cookies are: _hp2_id.*.

11.6 We use Cloudflare to provide security and website performance enhancements services for our website. This service uses cookies for the purposes of maintaining website security and caching services. You can view the privacy policy of this service provider at https://www.cloudflare.com/privacypolicy/. The relevant cookies are: _cfduid, fca_eoi_pagecount, fca_eoi_frequency*, _biz_flagsA, _biz_nA, _biz_pendingA, _biz_sid, _biz_uid.

11.7 We use Pinterest to analyze the use of our website. Pinterest gathers information about website use by means of cookies. The information gathered relating to our website is used to create reports about the use of our website. Pinterest’s privacy policy is available at: https://policy.pinterest.com/en/privacy-policy. The relevant cookies are: _pinterest_cm.

11.8 We use Meta to analyze the use of our website and track user activity for the purposes of service relevant advertising material and to show Facebook/Instagram data on our website. This service uses cookies for help us improve and enhance your browsing experience on our website, and to provide you with advertising while using Meta’s social media platforms. You can view the privacy policy of this service provider at https://www.facebook.com/policy.php. The relevant cookies are: act, c_user, fr, datr, locale, pl, prescence, sb, wd, xs, dpr.

11.9 We use TikTok to analyze the use of our website and track user activity for the purposes of service relevant advertising material and to show TikTok data on our website. This service uses cookies for help us improve and enhance your browsing experience on our website, and to provide you with advertising while using TikTok’s social media platforms. You can view the privacy policy of this service provider at https://www.tiktok.com/legal/page/us/privacy-policy/en.

11.10 We use Google to analyze the use of our website and track user activity for the purposes of service relevant advertising material and to show Google/YouTube data on our website. This service uses cookies for help us improve and enhance your browsing experience on our website, and to provide you with advertising while using Google/YouTube’s platforms. You can view the privacy policy of this service provider at https://policies.google.com/privacy?hl=en-US.

12. Managing cookies

12.1 Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:

(a) https://support.google.com/chrome/answer/95647?hl=en (Chrome);

(b) https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences (Firefox);

(c) http://www.opera.com/help/tutorials/security/cookies/ (Opera);

(d) https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer);

(e) https://support.apple.com/kb/PH21411 (Safari); and

(f) https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy (Edge).

12.2 Blocking all cookies will have a negative impact upon the usability of many websites.

12.3 If you block cookies, you will not be able to use all the features on our website.

13. Our details

13.1 This website is owned and operated by That Creative Couple Pty Ltd.

13.2 We are registered in Australia under the Australian Business Number 34 281 655 732.

13.3 Our principal place of business is in Bacchus Marsh, Victoria, Australia.

13.4 You can contact us using our website contact form.

Use of this website requires you to read and accept this privacy policy.