For convenience, the following expressions are used in these terms and conditions:
• “And/or” in relation to two things A and B means either or both of A and B.
• “Australian Privacy Principles” mean the Australian Privacy Principles under the Privacy Act.
• “Cookies” includes all stateful information technologies of the nature of web-browsing cookies, web beacons and tags;
• “Financial institution” includes legal entity through which payments for purchases are ordinarily transacted, including without limitation a bank, a building society, a credit union or PayPal.
• “Our website” means this website published by us to enable you to interact with us, including without limitation to view and purchase products in our range, and to take part in interactive activities with us including our sex survey at https://surveys.condoms.com.au/sex-survey.php and such competitions or offers as we may run or make from time to time.
• “PayPal” means the online payment system operated by PayPal Holdings Inc.
• “Privacy Act” means Privacy Act 1988 (Cth).
• “Shipping address” means the address entered into our website’s checkout facility, being the address to which purchasers of items within our product range wish to have those items shipped.
• “We” (together with cognate terms including “our” and “us”) means Australian Therapeutic Supplies Pty Ltd ABN 36 003 809 783.
• “Working Day” means all Mondays, Tuesdays, Wednesdays, Thursdays and Fridays, other than declared Australian national or New South Wales public holidays and days which fall between the Christmas and New Year public holidays.
• “You” (together with cognate terms including “your”) means the person viewing this website
WHAT YOU ACKNOWLEDGE
Further, to the extent that our website may contain links to the websites of third parties, you acknowledge that we are not responsible for their compliance or otherwise with the Australian Privacy Principles and the Privacy Act, and for any statements made in or omitted from their privacy policies.
PERSONS UNDER THE AGE OF 16 YEARS
We have no way of identifying whether any person visiting our website is under the age of 16 years, or has attained the age of 16 years, so as to prevent access by those under the age of 16 years. In the first instance, we strongly encourage adults responsible for persons under the age of 16 years to adopt and use appropriate “parental controls” in relation to the use of the Internet by those persons under the age of 16 years for whom they are responsible; this should preferably include best endeavours to ensure that persons under the age of 16 years do not provide information about themselves to the operators of any websites whatsoever (other than to those websites specifically approved by responsible persons, such as school websites).
Our website is neither designed for persons under the age of 16 years, nor is it intended in any way whatsoever for their use. At no time will we ever knowingly solicit or collect information with knowledge that persons providing it have not attained the age of 16 years. If at any time it comes to our attention that a person who has provided us with information is under the age of 16 years, we will immediately act in order to identify all information provided by that person and thereupon destroy it.
COLLECTION OF INFORMATION
The information which we collect about you may be personal information; or it may be non-personal information which does not, of itself, identify you. We discuss our collection and use of these two types of information below under the sub-headings “Personal Information” and “Non-personal Information” respectively.
Further, we may collect information about you by a number of means: directly; from your use of our website; from our third-party service providers; and from publicly available information. Some of our means of collection of information about you are discussed under the sub-headings “Personal Information” and “Non-personal Information”, which we note above. Other information about you (which may, however, include personal information insofar that it identifies you) is collected from publicly available sources, and is dealt with specifically under the sub-heading “Publicly Available Information”.
We will never collect information about you by unfair and/or unlawful means, nor will we be intrusive in the way in which we collect such information. In this regard, your completion of our online sex survey at https://surveys.condoms.com.au/sex-survey.php is entirely at your discretion and by your choice, and you are free to discontinue it at any time if you feel in any way uncomfortable. If you leave our sex survey without completing it, we will destroy all information collection until the point of your leaving it.
However, please note that, if at any point during a transaction with us (most particularly in regard to purchases from us), you decide not to give us information necessary for the completion of that transaction, we will not be able to complete that transaction for you.
Some of the information which we collect from you either identifies you explicitly, or enables your identity to be determined. This is personal information.
When you visit our website in order to purchase products, to complete our sex survey, and/or to enter competitions or engage in other promotional activities such as we may carry on from time to time, we may collect personal information from you. This information may include your name, date of birth and/or age, contact details (including address, telephone number and email details), the name of your employer or business, and financial information (including credit or debit card detail and/or bank account details) when processing payments for purchases which you make. Some of the information which we collect from you is necessary in order to complete purchases from us, and we refer you to the discussion in this regard in our terms and conditions at https://condoms.com.au/terms-and-conditions.php, most particularly but not limited to the section therein headed “PARTICULAR TERMS AND CONDITIONS APPLYING WHEN YOU PURCHASE ITEMS FROM US” under the sub-heading “The ordering process”. We cannot complete purchases without the provision of the necessary information.
The personal information which we collect from you is limited to that which is reasonably necessary for the carrying-on of our business functions and activities, including both the marketing and sale of our products and the administration of our business operations. These purposes therefore enable us:
• to meet the legal and regulatory requirements to which we are subject;
• to provide products to you in response to orders;
• to identify you in connection with the award of prizes in competitions that we may run from time to time;
• to answer any enquiries that you may send to us;
• to carry out research so as to better understand your needs and preferences as a consumer, as well as those of other consumers;
• to better design our products and services for your use and that of other consumers’
• to better promote our products and services to you and other consumers;
• to make our website more “user-friendly” and attractive for you and other consumers; and
• to audit the use of our website.
In some cases, your personal information, or information of a personal nature regarding your contact with us, will need to be disclosed to third-parties. For example, in any purchase transaction the fact that you have made that purchase will necessarily be disclosed to your financial institution. We will only disclose such information as is strictly necessary for the transaction or otherwise to fulfil legal obligations or our obligations to you. In any other case we will seek your approval for the disclosure of your personal information. See the heading below, “DISCLOSURE OF YOUR INFORMATION”.
If at any time we receive unsolicited personal information about you from a third party, we will destroy all such information immediately after being alerted by you.
Other information which both we (and our third-party service providers) collect is not personal information, since it is not individually identifiable. This information is typically obtained through cookies, and helps us to determine your online history with use: how your searched for our website, how you arrived at it, your browsing history on our website and which content you access, and a non-specific location for the device which you are using to access our website. When you visit a page on our website (or use a third-party website on which advertisements for any of our products may appear), we may send a cookie to your device. We may also send cookies when you make online purchases from us, register for any competitions which we may run, or participate in our sex survey. When a cookie is accepted, a data file is created and stored in your device. Doing this assists us in interacting with you, including by tailoring functionality and/or the information that you receive to respond better to your needs. Cookies also help us both to analyse overall trends in visits to our website, and to identify any issues with our online services which are performing at less than optimum, and which require improvement or fixing. In both cases, they enable us to improve our marketing and sales activities.
Publicly Available Information
We (and our third-party service providers) may also collect publicly available information which concerns you. As stated above, we will never collect information about you by unfair and/or unlawful means, nor will we be intrusive in the way in which we collect such information. Such information is typically sourced from third-party online listing databases and/or directories, and/or other third-party platforms including social media. If you do not make information about yourself available to such sources, this may affect our dealings with you online. If so, this may range from content on our website not being personalised to you to unavailability of some content.
HOW TO ACCESS OR CORRECT YOUR PERSONAL INFORMATION
You are entitled to have access to your personal information which we hold, and to require us to take various actions in relation to it. Such action includes the following:
• correcting any errors in your personal information;
• requiring us not to share your personal information with any third parties other than may be strictly necessary in order to ensure that any transactions which you undertake with us can proceed (such as sharing your personal information with your bank or other financial services provider in order to completer purchases with us);
• requiring us to amend your information held by us in order to ensure that we refrain from sending to you any marketing and/or promotional materials that we may broadcast; and
• subject to overriding legal requirements which may require is to retain some or all of your personal information, destroying your personal information held by us.
In order to access your personal information held by us, and thereafter to take action in relation to it, you will need to contact us in a manner, and providing verification, which sufficiently identifies you to us. If you contact us by email, this must be via the email address held in our records. Verification which we may require from you may include the nature of transactions which you have had with us, and details of them.
Insofar as concerns stateful information, you may limit the information which we collect from your computer or device, including by setting your internet browser defaults to refuse to accept cookies, or to provide you with an alert when a cookie is sent to your computer or device so that you can determine whether to accept or reject our cookies. However, if you reject our cookies, it may be that some or all of our website may be inaccessible to you or not function appropriately, and in particular it may not be possible to make online purchases of items from us.
STORAGE, PROTECTION AND SECURITY OF YOUR INFORMATION
We may store your information either in electronic or in hardcopy form. However, whichever the form in which we store your information, we take all practicable and reasonable precautions to maintain its security and to prevent unauthorised access, amendment, disclosure and/or misuse to or of it. Information which we store in electronic form is held in firewall-protected databases to which access is available only by way of password entry. Information which we store in hardcopy form is held in secure, locked storage at our own offices and facilities, and/or at facilities operated by our service providers. These things stated, absolute security from illegal activities such as “hacking” cannot be guaranteed, and in this regard you provide us with information at your own risk. Nevertheless, if at any time we become aware of any illegal data breaches or other illegal activities affecting your information, we will inform appropriate law enforcement and administrative authorities, and if practicable endeavour to advise you of the breach.
In the conduct of our business, we limit access of your personal information to those staff members whose tasks reasonably require access to it, and ensure that they are aware how to fulfil their tasks so as to comply with privacy requirements in relation to it. If at any time we become aware of any staff members dealing inappropriately with your information, such staff members will be disciplined, with measures being taken to ensure that they are fully aware of requirements for its appropriate handling.
Insofar that our marketing and/or promotional activities may include broadcast emails to our customers, individual email addresses will not be accessible so that this aspect of your personal information will not be revealed to any third parties.
We keep your personal information only so long as it is reasonably required for the legitimate purposes of our business, or otherwise as may be required by law. Once it is no longer so required, it will as soon as practicable thereafter be identified as such, and will be destroyed securely.
REPORTING SUSPECTED BREACHES OF PRIVACY OBLIGATIONS
We take our privacy obligations very seriously and, if you believe that we may be in breach of our privacy obligations, we urge you to contact us as soon as possible using the details set out in the following “TO CONTACT US” section in order that we can take appropriate action quickly.
If you report a suspected breach of our privacy obligations to us, we will, as soon as possible and in any case within five (5) Working Days of its receipt by us, acknowledge your report in writing. Within a fifteen (15) Working Days thereafter, we will endeavour so far as possible to take appropriate action as described below, unless the matter is such that it is clear to us that further time is required in order to do so, in which case well will advise you accordingly.
The action which we will take on receiving a report of breach of our privacy obligations will be aimed so far as possible:
• to identify quickly whether any such breach has in fact occurred, and if so, to identify its origin or cause, and its nature, and to assess the extent to which it has affected both yourself and any other persons whose information we hold, and the harm that may be suffered by reason of the breach;
• where it is assessed that the breach has affected the information of persons other that you, so far as is possible to identify and notify those other persons;
• to take such action as is available to prevent any repetition of the breach;
• having regard to the nature of the breach, to identify any other information which may be at risk to other such breaches and to take such action as may be available to ensure that such breaches do not occur;
• if the breach is assessed as non-trivial, to notify the Office of the Australian Information Commissioner; and
• if the breach is assess as being likely to have involved criminal activity, to notify relevant police services.
Although we will use our best endeavours to take appropriate action, if you are nevertheless dissatisfied with our response and/or the action that we take, you may refer the matter to the Office of the Australian Information Commissioner. In this respect, we refer you to the contact details provided on its website, https://www.oaic.gov.au.
TO CONTACT US
• By mail to:
Australian Therapeutic Supplies Pty Ltd
PO Box 3099
North Strathfield NSW 2137
• By email to:
• By telephone to:
(+61) (02) 8759 7300
• By facsimile to:
(+61) (02) 9420 4244
These details are also set out on our “Contact Us” page at https://condoms.com.au/contact-us/, which additionally contains a completable contact form which you can use to contact use.
Given the seriousness of privacy matters, we recommend that you contact us by mail, email or facsimile.