Terms and Conditions
This Privacy Policy explains how we collect, hold, use and disclose personal information when you visit our website, communicate with us, subscribe to our communications or purchase products from us. We handle personal information in accordance with applicable privacy laws, including the “Privacy Act 1988 (Cth)” and the Australian Privacy Principles where they apply.
1. Personal Information We Collect
The personal information we may collect includes:
- your name;
- billing and delivery addresses;
- email address and telephone number;
- order and transaction information;
- payment status and payment reference information;
- records of your communications with us;
- product enquiries and customer service requests;
- marketing preferences and subscription information; and
- technical information, including your IP address, browser type, device information, referring website, pages viewed and website usage data.
We only collect personal information that is reasonably necessary for operating our business and providing our products and services. We do not ordinarily collect sensitive information. Please do not provide sensitive information unless it is reasonably necessary and we have specifically requested it.
2. How We Collect Personal Information
We may collect personal information directly from you when you:
- place an order or complete a purchase;
- enter information during checkout;
- contact us by email, telephone, social media or through our website;
- submit a product enquiry or customer service request;
- subscribe to our mailing list;
- participate in a survey, promotion or event; or
- otherwise communicate or interact with us.
We may also collect certain information automatically when you use our website through cookies and similar technologies. In some circumstances, we may receive personal information from third parties involved in providing our website, payment, communication or order fulfilment services. Where practicable, you may interact with us without identifying yourself. However, we will generally need identifying and contact information to process an order, respond to an enquiry or provide customer support.
3. How We Use Personal Information
We may use your personal information to:
- process, confirm and fulfil orders;
- process payments and refunds;
- communicate with you regarding an order, payment or enquiry;
- provide customer support and respond to complaints;
- manage product enquiries, warranty requests and after-sales support;
- verify transactions and prevent fraud or unauthorised activity;
- maintain accounting, taxation and business records;
- manage mailing list subscriptions and marketing preferences;
- send marketing communications where permitted;
- operate, maintain and improve our website;
- understand how customers interact with our website;
- improve our products, services and customer experience;
- protect our legal rights and business interests; and
- comply with legal and regulatory obligations.
We may also use personal information for another purpose where you have consented to that purpose or where the use is otherwise permitted or required by law.
4. Payment Information
Payments made through our website may be processed by third-party payment providers, including Stripe and PayPal. Modern Tide does not ordinarily receive or store your complete payment card number, card security code or online banking credentials. These details are submitted directly to the relevant payment provider and are handled in accordance with that provider’s own privacy and security practices.
We may receive limited payment and transaction information, including:
- your name and contact information;
- the payment method used;
- the amount paid;
- transaction reference numbers;
- payment status; and
- information required to investigate a payment issue or process a refund.
5. Marketing Communications
Where you have provided consent, or where otherwise permitted by law, we may send you communications about Modern Tide products, new arrivals, promotions, events and business updates.
You may unsubscribe from marketing communications at any time by:
- selecting the unsubscribe link included in a marketing email; or
- contacting us at info@moderntide.com.au.
We will process unsubscribe requests as soon as reasonably practicable and within five working days.
Unsubscribing from marketing communications will not prevent us from sending non-marketing communications relating to an existing order, payment, customer service request or other transaction.
We will not automatically add you to our marketing list solely because you have submitted an enquiry or completed a purchase unless we have an appropriate legal basis to do so.
6. Cookies and Similar Technologies
Our website and the services connected to it may use cookies, pixels, local storage and similar technologies.
These technologies may be used to:
- enable essential website and checkout functions;
- maintain website security;
- remember shopping cart information and preferences;
- process payments;
- understand website traffic and performance;
- identify and resolve technical issues; and
- support analytics or advertising services where those services are used.
Some cookies may be placed by third-party services connected to our website, including Cargo, Stripe, PayPal and any analytics or marketing services we use. You may be able to block or delete cookies through your browser settings. Disabling certain cookies may affect the operation of the website, checkout or payment functions. Where required by applicable law, we will provide appropriate information or choices regarding non-essential cookies and tracking technologies.
7. Disclosure of Personal Information
We may disclose personal information to trusted third parties where reasonably necessary to operate our business or provide our products and services. These third parties may include:
- Cargo and other website hosting, domain and e-commerce service providers;
- Stripe, PayPal, banks and other payment providers;
- couriers, freight companies and logistics providers;
- suppliers, warehouses and order fulfilment providers, where relevant;
- email communication and mailing list providers;
- website analytics, advertising and technology providers;
- information technology, security and data storage providers;
- accountants, insurers, legal advisers and other professional advisers;
- government agencies, regulators, courts and law enforcement bodies; and
- parties involved in a proposed or completed sale, transfer or restructure of our business.
We only disclose personal information that is reasonably necessary for the relevant service or purpose. We do not sell or rent personal information to third parties.
We may also disclose personal information where:
- you have consented to the disclosure;
- the disclosure is required or authorised by law;
- the disclosure is reasonably necessary to prevent or investigate fraud, unlawful activity or a security incident; or
- the disclosure is reasonably necessary to protect our legal rights or the safety of another person.
8. Overseas Storage and Disclosure
Some of the third-party service providers used by Modern Tide may store, process or access personal information outside Australia. These locations may include the United States and other countries in which our website, payment, cloud storage, communication or technology providers operate. Where relevant to completing an order, limited personal information may also be disclosed to an overseas supplier or fulfilment provider.
The privacy and data protection laws of other countries may differ from Australian laws. Where required by applicable law, we take reasonable steps to ensure that overseas recipients handle personal information consistently with applicable Australian privacy requirements.
9. Security of Personal Information
We take reasonable technical, administrative and organisational steps to protect personal information from:
- misuse;
- interference;
- loss;
- unauthorised access;
- unauthorised modification; and
- unauthorised disclosure.
These measures may include:
- limiting access to personal information;
- using reputable website and payment providers;
- maintaining password and account security;
- using secure payment processing systems; and
- reviewing how personal information is collected, stored and disclosed.
No electronic transmission or storage system is completely secure. We cannot guarantee the absolute security of information transmitted through the internet.
10. Retention of Personal Information
We retain personal information only for as long as it is reasonably necessary to:
- provide our products and services;
- maintain transaction and accounting records;
- respond to customer service and warranty requests;
- comply with taxation, legal and regulatory obligations;
- resolve disputes;
- prevent fraud; and
- protect our legal interests.
The retention period will depend on the type of information, the purpose for which it was collected and any applicable legal requirements.
When personal information is no longer reasonably required, we will take reasonable steps to securely delete or de-identify it, unless we are required or permitted by law to retain it.
11. Access and Correction
You may request access to the personal information we hold about you or ask us to correct information that you believe is inaccurate, incomplete, misleading or out of date. Requests may be made by contacting us at: info@moderntide.com.au
We may ask you to verify your identity before providing access to or correcting personal information. We will respond within a reasonable period. In some circumstances, we may be permitted or required to refuse access or correction. Where appropriate, we will explain the reason for the refusal. We do not ordinarily charge a fee for making an access or correction request. We may charge reasonable costs associated with providing access where permitted by law and will notify you before doing so.
12. Third-Party Websites and Services
Our website may contain links to third-party websites, social media platforms or services. Modern Tide is not responsible for the privacy, security or information-handling practices of third parties. We recommend reviewing the privacy policy of any third-party service before providing personal information to it. The privacy policies of Cargo, Stripe, PayPal and other third-party providers apply separately to information handled directly by those providers.
13. Privacy Complaints
If you have a concern or complaint about how we have handled your personal information, please contact us using the details below. Please provide sufficient information for us to understand and investigate your concern.
We will:
- acknowledge your complaint within a reasonable period;
- investigate the circumstances;
- request further information where necessary; and
- provide a response within a reasonable timeframe.
If you are not satisfied with our response and Australian privacy legislation applies to the matter, you may contact the Office of the Australian Information Commissioner.
14. Changes to This Privacy Policy
We may update this Privacy Policy from time to time to reflect changes to:
- our business operations;
- our website and payment systems;
- the third-party services we use;
- our personal information handling practices; or
- applicable legal and regulatory requirements.
Any updated version will take effect when it is published on our website. The date displayed at the beginning of this Privacy Policy indicates when it was last updated.
We encourage you to review this Privacy Policy periodically.