Privacy notice
CONDITION OF USE AND PRIVACY POLICY APASHION
Apasion.com.au Privacy Notice.
Latest Update: 25 August 2021
Apashion understands that all of our customers have real concerns about how the information they will entrust us with is used and shared on the www.apashion.com.au platform. Apashion recognises this trust and prioritises how Apashion will safeguard such information, carefully and sensibly.
This Privacy Notice sets out how Apashion Pty Limited and any affiliates (collectively ‘Apashion’), will collect and process a customer’s personal information through our Apashion Websites, devices, products, online and physical stores and applications that reference this Privacy Notice (Apashion).
Apashion shall collect a customer’s personal information for the sole purpose of providing a continual improvement of the products Apashion shall offer on our www.apashion.com.au platform.
Types of information collected by Apashion:
Information given by the customer:
Apashion receive and store any information you provide in relation to a customer’s Apashion membership. The customer can choose not to provide certain information, but they might not be then able to take advantage of many of the features found on the Apashion platform.
Automatic Information:
Apashion, automatically collects and stores certain types of information about customer use of Apashion, including information on interaction with content and available through Apashion.
Like many Websites, Apashion uses "cookies" and other unique identifiers, and Apashion obtain certain types of information when a customer’s browser or device accesses Apashion and other content served by or on behalf of Apashion on other Websites.
Information - Other Sources:
Apashion may receive information from other sources such as updated delivery and address information from our carriers, which Apashion use to correct our records and deliver a customer’s next purchase more easily.
Purposes of use of Customer Information:
Apashion uses a customer’s personal information to operate, provide, develop, and improve the products that Apashion offer our customers, that may include:
Purchase and delivery of products:
Use of a customer’s personal information to process and handle orders, deliver products, process payments, and communicate with them about orders, products and promotional offers.
Troubleshooting/Improvement:
Use of a customer’s personal information to provide functionality, analyse performance, fix errors, and improve usability and effectiveness.
Recommendations/Personalisation.
Use of a customer’s personal information to recommend features and products that might be of interest to identify their preferences and personalise their Apashion experience.
Comply with legal obligations:
Apashion’s collection and use of a customer’s personal information will comply with Australian laws, and from sellers’ information Apashion may use information regarding place of establishment and bank account information for identity verification and other purposes.
Customer communication:
Use of a customer’s personal information to communicate with you in relation to the Apashion platform via different channels (e.g., by phone, e-mail, chat).
Advertising.
Use of a customer’s personal information to display interest-based ads for features, products, and that might be of interest to them whilst using our platform. Apashion do not use information that personally identifies you to display interest-based ads.
Fraud Prevention/Credit Risk:
Apashion uses personal information to prevent and detect fraud and abuse in order to protect the security of all of customers, Apashion, and others and they may also use scoring methods to assess and manage credit risks
Cookies/Identifiers:
To enable our platform to recognize a customer’s browser or device and to provide and improve the Apashion product.
Sharing of customer’s personal information:
Whilst information about customers is an essential part of our business, Apashion are not and will not be in the business of selling this personal information to others.
Apashion will share customer’s personal information only as described below, are subject to this Privacy Notice and practices at least as protective as those described in this Privacy Notice. Apashion entities located in other countries are committed to the same privacy policy.
Third Parties:
Apashion via www.apashion.com.au will make available products, services applications, or skills provided by third parties for use on our platform.
When an order is placed with a third-party seller, information related to the order will be provided to the seller, and such information will be subject to the seller's privacy policy.
Apashion also offer/sell product lines jointly with third party businesses, such as co-branded credit cards. The customer will always be informed when a third party is involved in a customer’s transactions, when Apashion shares customers’ personal information related to those transactions with that third party or when these third parties are located in other countries.
Apashion may employ other companies and individuals to perform functions on our behalf. Examples include fulfilling orders for products, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analysing data, providing marketing assistance, providing search results and links (including paid listings and links), processing payments, transmitting content, scoring, assessing and managing credit risk and providing customer service.
These third-party service providers have access to personal information needed to perform their functions but may not use it for any other purposes. These service providers may be located in other countries.
Business Transfers:
As Apashion continue to develop our business, we might sell or buy other businesses. In such transactions, customer information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing Privacy Notice (unless, of course, the customer consents otherwise).
In the highly unlikely event that Apashion Pty Ltd or substantially all of its assets are acquired, customer information will of course be one of the transferred assets and they will be informed beforehand.
Protection:
Apashion may release a customer’s account and/or other personal information when release is appropriate to comply with the law; enforce or apply our Use of Services and other agreements; or protect the rights, property, or safety of Apashion, our users, or others.
This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.
Our customers will receive advance notice when personal information about them may be shared with third parties, and they will have an opportunity to choose not to share such information.
Secureness of Information:
A customer’s security and privacy will be the first priority at all times at Apashion.
We will work to protect the security of a customer’s personal information during transmission by using encryption protocols and software. Such as the Payment Card Industry Data Security Standard (PCI DSS) when handling credit card data.
Apashion will maintain physical, electronic and procedural safeguards in connection with the collection, storage, and disclosure of personal customer information. As such, our security procedures mean that we may occasionally request proof of identity before we disclose personal information to you.
All of our devices will offer security features to protect them against unauthorized access and loss of data. The customer can control these features and configure them based on their needs.
The customer must protect against unauthorized access to their password, computers, devices and applications and ensure they sign off sure when finished using a shared device.
Advertising:
Apashion, may include third-party advertising and links to other Websites and apps where they deem appropriate.
These third-party advertising partners may collect information about you when you interact with their content, and the customer’s advertising preferences will be dictated by Apashion’s privacy policy.
Apashion may provide advertising companies with information that allows them to serve the customer with more useful and relevant Apashion ads and to also measure their effectiveness but will never share a customer’s name or other information that directly identifies them.
Customer information access:
The customer can access their own information, including name, address, payment options, profile information, Prime membership, and purchase history in the "Customer’s Account" section of www.apashion.com.au
Customer choice:
For any questions as to how Apashion collects and uses a customer’s personal information, please contact Apashion Customer Service, which will include settings that provide options as to how a customer’s information is being used.
As described above, the customer can choose not to provide certain information, but may then be unable to take advantage of certain features.
The customer can add or update certain information at any time, and Apashion will usually keep a copy of the prior version for their records.
The customer can manage the types of communications they receive from us, and opt out of certain communications, by adjusting their Communication Preferences and/or consent to receiving communications in accordance with those preferences.
Whilst a device will tell a customer’s browser how to stop accepting new cookies or other identifiers, or how to block them altogether, this may prevent the customer from taking advantage of some essential features of the Apashion platform.
Apashion recommend that the customer leave them turned on otherwise they will not be able to add items to their Shopping Cart, proceed to Checkout for instance.
Children and Apashion:
Apashion does not sell products for purchase by children and any children's products for purchase may only be made by adults. If you are under 18, you may use www.apashion.com.au only with the involvement of a parent or guardian.
Contact:
For any concerns by the customer about the Apashion Privacy Policy, please contact us at help@apashion.com.au and Apashion will try to resolve any issue as soon as possible.
Due to the constant changes within ecommerce our Privacy Notice will change also and a frequent check of the Apashion platform should be made to see the latest changes.
Unless stated otherwise, our current Privacy Notice applies to all information that Apashion has about a customer’s account and we stand behind the promise we make, that Apashion will never materially change any policies and practices to make them less protective of customer information collected in the past without the consent of affected customers.
Examples of Information Collected at Apashion:
Information given by the customer when they:
Search or shop for products on our platform at www.apashion.com.au.
Add or remove an item from their cart; place an order through or use Apashion.
Download, stream, view or use content on a device, or through a service or application on a device.
Upload their contacts; configure their settings on, provide data access permissions for, or interact with an Apashion device or service.
Provide information their own account, or any other account.
Apashion makes available software that allows the customer to develop or offer software, goods or services to Apashion customers.
Offer a customer’s products or services on or through Apashion.
Communicate with us by phone, e-mail, or otherwise.
Completes a questionnaire, a support ticket or a contest entry form.
Uploads or streams images, videos or other files to Apashion Drive or other Apashion devices.
Information provided:
Identifying information such as a name, address, and phone numbers
payment information
A customer’s age
A customer’s location information
A customer’s IP address
Automatic Information:
Internet protocol (IP) address used to connect a customer’s computer to the platform.
Login, e-mail address and password
Location of a customer’s device or computer
Device metrics such as when a device is in use, application usage, connectivity data, and any errors or event failures
Apashion metrics (e.g., occurrences of technical errors, a customer’s interactions with service features and content, a customer’s settings preferences and backup information, location of a customer’s device running an application, information about uploaded images and files such as the file name, dates, times and location of a customer’s images)
Purchase and content use history, which Apashion sometimes aggregate with similar information from other customers to create new features
Full Uniform Resource Locator (URL) clickstream to, through and from our platform, including date and time; products and content searched for; page response times, download errors, length of visits to certain pages and page interaction information (such as scrolling, clicks, and mouse-overs) on www.apashion.com.au
Phone numbers used to call our customer service number
Apashion may also use device identifiers, cookies, and other technologies on devices, applications, and our platform to collect browsing, usage, or other technical information.
Other Sources
Updated delivery and address information from our carriers or other third parties, which Apashion use to correct our records and deliver a customer’s next purchase or communication more easily.
Account information, purchase or redemption information, and page-view information from some merchants with which Apashion operate co-branded businesses or for which Apashion provide technical, fulfilment, advertising, or other.
Information about a customer’s interactions with products and offered by our affiliates.
Search results and links, including paid listings (such as Sponsored Links);
Credit history information from credit bureaus, which Apashion use to help prevent and detect fraud and to offer certain credit or financial services to some customers.
Customer information access:
An Apashion customer can access:
Status of recent orders (including subscriptions)
Their complete order history
Personally identifiable information (including name, e-mail, password and address book)
Payment settings (including payment card information, promotional certificate and gift card balances etc)
E-mail notification settings (including Product Availability Alerts, Delivers, Special Occasion Reminders and newsletters)
Recommendations and the products recently viewed that are the basis for recommendations.
Shopping lists and gift registries.
Customer’s content, devices and related settings, and communications and personalised advertising preferences.
Content that you recently viewed on www.apashion.com.au
Voice recordings associated with a customer’s account
Profile (including their product reviews, recommendations, reminders and personal profile).
All and any other customer information identified as appropriate for customer access.
APASHION TERMS AND CONDITIONS OF USE
About the Website
Welcome to www.apashion.com.au (the 'Website'). The Website Ecommerce (the 'Services ').
The Website is operated by APASHION(ABN 39642919211). Access to and use of the Website, or any of its associated Products or Services, is provided by APASHION. Please read these terms and conditions (the 'Terms ') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
APASHION reserves the right to review and change any of the Terms by updating this page at its sole discretion. When APASHION updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by APASHION in the user interface.
Subscription to use the Services
In order to access the Services, you must first purchase a subscription through the Website (the 'Subscription') and pay the applicable fee for the selected Subscription (the 'Subscription Fee').
In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use.
Once you have purchased the Subscription, you will then be required to register for an account through the Website before you can access the Services (the 'Account').
As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
Email address:
Preferred username:
Mailing address:
Telephone number:
Password:
Age:
You warrant that any information you give to APASHION in the course of completing the registration process will always be accurate, correct and up to date.
Once you have completed the registration process, you will be a registered member of the Website ('Member ') and agree to be bound by the Terms. As a Member you will be granted immediate access to the Services from the time you have completed the registration process until the subscription period expires (the 'Subscription Period').
You may not use the Services and may not accept the Terms if:
- you are not of legal age to form a binding contract with APASHION; or
- you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
Your obligations as a Member
As a Member, you agree to comply with the following:
you will use the Services only for purposes that are permitted by:
the Terms; and:
- any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
- you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
- any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify APASHION of any unauthorised use of your password or email address or any breach of security of which you have become aware;
- access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of APASHION providing the Services;
- you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of APASHION;
- you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
- you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by APASHION for any illegal or unauthorised use of the Website; and you acknowledge and agree that any automated use of the Website or its Services is prohibited.
Payment
Where the option is given to you, you may make payment of the Subscription Fee by way of:
Electronic funds transfer ('EFT ') into our nominated bank account
Credit Card Payment ('Credit Card')
PayPal ('PayPal')
All payments made in the course of your use of the Services are made using Visa, Paypal, EFTPOS. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Visa, Paypal, EFTPOS terms and conditions which are available on their website.
You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fee.
You agree and acknowledge that APASHION can vary the Subscription Fee at any time and that the varied Subscription Fee will come into effect following the conclusion of the existing Subscription Period.
Refund Policy
APASHION will only provide you with a refund of the Subscription Fee in the event they are unable to continue to provide the Services or if the manager of APASHION makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Member (the 'Refund').
Copyright and Intellectual Property
The Website, the Services and all of the related products of APASHION are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by APASHION or its contributors.
All trademarks, service marks and trade names are owned, registered and/or licensed by APASHION, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
- use the Website pursuant to the Terms;
- copy and store the Website and the material contained in the Website in your device's cache memory; and print pages from the Website for your own personal and non-commercial use.
APASHION does not grant you any other rights whatsoever in relation to the Website or the Services.
All other rights are expressly reserved by APASHION.
APASHION retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
- business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
- a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
- a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
You may not, without the prior written permission of APASHION and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
Privacy
APASHION takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to APASHION's Privacy Policy, which is available on the Website.
General Disclaimer
Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
Subject to this clause, and to the extent permitted by law:
- all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
APASHION will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of APASHION make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of APASHION) referred to on the Website, includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
- failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
- the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
- costs incurred as a result of you using the Website, the Services or any of the products of APASHION; and
- the Services or operation in respect to links which are provided for your convenience.
Limitation of liability
APASHION's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
You expressly understand and agree that APASHION, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
Termination of Contract
The Terms will continue to apply until terminated by either you or by APASHION as set out below.
If you want to terminate the Terms, you may do so by:
- providing APASHION with 3 days' notice of your intention to terminate; and
- closing your accounts for all of the services which you use, where APASHION has made this option available to you.
Your notice should be sent, in writing, to APASHION via the 'Contact Us' link on our homepage.
APASHION may at any time, terminate the Terms with you if:
- you have breached any provision of the Terms or intend to breach any provision;
- APASHION is required to do so by law;
- the provision of the Services to you by APASHION is, in the opinion of APASHION, no longer commercially viable.
Subject to local applicable laws, APASHION reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts APASHION's name or reputation or violates the rights of those of another party.
Indemnity
You agree to indemnify APASHION, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
- all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
- any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
- any breach of the Terms.
Dispute Resolution
Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
Notice:
A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
Resolution:
On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties ') must:
Within 21 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
- if for any reason whatsoever, 21 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the 'Australian Mediation Association' or the 'Conflict Resolution Service' or his or her nominee;
- the Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
- the mediation will be held in Sydney, Australia.
Confidential:
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
Termination of Mediation:
If 1 month have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
Venue and Jurisdiction
The Services offered by APASHION is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
Governing Law
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assignees.
Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
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