Updated July 2022
We respect your privacy and are committed to the Australian Privacy Principles (APP) contained in the Privacy Act 1988 of the Commonwealth of Australia (Privacy Act), and we reserve the right to change this policy at any given time. Updates of this policy will be published on the website. If you want to make sure that you are up to date with the latest changes, we advise you to frequently visit this page. In any event, by continuing to use the website, following any changes, you will be deemed to have agreed to such changes.
What Personal Data do we collect?
The kind of personal data that we collect from you will depend on how you use the website. The personal data which we collect and hold about you may include:
- personally identifiable information such as your name, contact information, addresses, email addresses, phone and facsimile numbers;
- demographic information such as your gender, age or date of birth, hometown and interests;
- financial data such as payment and banking details, including credit card information;
- mobile device and server data such as your device ID, device type, geo-location information, computer and connection information, statistics on page views, traffic to and from the websites, ad data, IP address and standard web log information;
- details of the goods and services we have provided to you or you have enquired about, including any additional information necessary to deliver those goods and services and respond to your enquiries;
- any additional information relating to you (such as interests and preferences) that you provide to us through our website or app, paper forms, through any online presence or through other websites or accounts from which you permit us to collect information;
- any other Personal Data that may be required to facilitate your dealings with us.
By voluntarily giving us personal data, when you subscribe, register or transact with us, when you visit the Koko Black website or when you choose to make an order or by participating in any chats, blogs or following us on any social media channels (such as Facebook, Twitter, LinkedIn and Instagram) you consent to our collection, use and disclosure of your Personal Data in accordance with this policy and any other arrangements that apply between us.
You are under no obligation to provide us with Personal Data of any kind, however your refusal to do so may prevent you from using certain features of the website and our ability to provide our goods and services.
How do we collect Personal Data?
We collect your Personal Data in many ways either directly from you, or from third parties whenever you input such information into the website, including:
- when you visit, log onto or register on our website;
- when you save an item;
- when you join or subscribe to our newsletter program;
- when you communicate with us through correspondence, chats, email, phone, in person or when you share information with us from other social applications, services or websites;
- when you interact with our sites and social media channels, services, content and advertising;
- from cookies;
- when you make a purchase from us or enquire as to an order;
- from third parties, such as our related entities, business or commercial partners, credit reporting bodies, wholesale or other customers, or your representatives; or
- from publicly available sources of information.
We may also generate Personal Data about our customers from information that we have. For example, by analysing our records of a customer’s use of our products or services or the customer’s previous dealings with us.
Why do we collect, use and disclose Personal Data?
We collect your Personal Data for the primary purpose of providing goods and services to you and permits us to provide you with a smooth efficient and customised experience, including the following:
- to create orders, transaction records, agreements for the sale of products or services, accounts, tax invoices or receipts
- generate a personal online profile about you to make future visits to the website more personalized to assist with re-ordering from our menu.
- to obtain opinions or comments about products and services and perform research and analysis to assist us to provide, develop and improve our goods and services to you
- to send you support and administrative messages, reminders, updates, security alerts, and information requested by you and to respond to any of your queries and process any complaint made by you;
- to send you marketing and promotional messages about our products and services, competition results, special offers, games and other information, including events, that may be of interest to you;
- prevent fraudulent transactions, monitor against theft, and protect against criminal activity;
- process orders, gift cards, payments and refunds;
- to improve the operation or navigation of our website and where necessary inform you of changes made to our website
- for our internal administration purpose and perform other business activities as needed;
- to facilitate and/or comply with our legal obligations, address any issues or to resolve any disputes that we may have with any of our users, and enforce our agreements with third parties;
- we may also disclose your Personal Data to a trusted third party who also holds other information about you. This third party may combine that information to enable it and us to develop anonymised consumer insights so that we can better understand your preferences and interests, personalise your experience and enhance the products and services that you receive; and
- for any other purpose not listed above which we will make clear to you at the time of collecting your Personal Data; or
- for such other purposes as may be required or permitted by
You are not obliged to give us your Personal Data. However, if you choose not to provide us with all or part of the Personal Data, we may not be able to provide you with a full range of our goods and services, or inform you about the goods and services offered by us or the goods and services of other organisations.
Collection of Sensitive Information
Sensitive information is defined in the Privacy Act to include information or opinion about such things as your racial or ethnic origin, sexual orientation or practices, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information.
If you provide sensitive information to us for any reason (for example if you provide us with health information such as information about allergies you might have) you consent to us collecting, using and disclosing that information for the purpose for which you disclosed it and as permitted in accordance with the applicable law. We will handle any sensitive information that we receive in accordance with the applicable law and this policy.
Do we use your Personal Data for direct marketing?
We may send you direct marketing communications and information about our products or services. This may take the form of phone calls, emails, SMS, in-app messaging, mail or other forms of communication, in accordance with the Spam Act and the applicable law. You may opt-out of receiving marketing materials from us by contacting us using the details set out below or by using the opt-out facilities provided (e.g. an unsubscribe link) in the marketing communications .
To whom do we disclose your Personal Data?
We may share Personal Data we have collected about you in certain situations. Your information may be disclosed to:
- our employees, agents, officers and related bodies corporate;
- third party service providers (including payment systems operators (e.g. merchants receiving card payments) providers that host our web servers, manage our IT, payment processing, data analysis, email delivery and those involved in the operation of our business to provide our products and services to you.
- suppliers and other third parties with whom we have a commercial relationship, for business, marketing and related purposes including to third parties who perform services on our behalf for the purpose of providing you with goods and service.
- professional advisers, lawyers, accountants, insurers, auditors, dealers and agents;
- anyone to whom our assets or businesses (or any part of them) are transferred. You acknowledge that such transfers may occur and the transferee may decline to honour commitments we made under this policy;
- specific third parties authorised by you to receive information held by us;
- in certain circumstances, to third parties that require information for law enforcement or to prevent a serious threat to public safety;
- other persons, including government agencies, regulatory bodies and law enforcement agencies, or as required, authorised or permitted by law; and/or
We require our service providers to keep Personal Data confidential and not to use or disclose it for any purpose other than performing services for us or on our behalf.
You should be aware that some information that you upload to parts of our websites or to our social media pages may be available to be viewed by the public. You should use discretion in deciding what information to upload to such sites.
Using our website and cookies
First-party cookies. The data we collect includes internet protocol (IP) addresses, browser type, web pages, operating system, date/time stamp. To collect this information, a cookie is set on your computer or device when you visit our website. Cookies contain a small amount of information that allows our web servers to recognize you.
We store information that we collect through First-party and Third-party cookies or other similar tracking technologies on our website that help us track your website usage and remember your preferences to customize our website to your needs. While we do not use browsing information to identify you personally, we may record certain information about your use of our website, such as which pages you visit, the time and date of your visit, the type of browser software used, the internet protocol address assigned to your computer and the previous website from which you linked to our website.
How we store and secure Personal Data
Our website may contain links to websites operated by third parties. Those links are provided for convenience only and may not remain current or be maintained. Unless we have stated otherwise, we are not responsible for the privacy practices of and have no control over or rights in those linked websites. The privacy policies that apply to those other websites may differ substantially from our policy, so we encourage you to read them before using those websites.
Your Data Protection Rights
Where you have allowed us to collect and process certain Personal Data from you, you have certain rights in relation to the processing of your Personal Data, including the following rights:
- Right of Access. You have the right to access your Personal Data from us except if we are exempt by the APP including for example, giving you that information would be a serious threat to the health or safety of others or would cause detriment to the privacy of other individuals. Where we are unable to provide you with access to all your Personal Data we will tell you why. We may also need to verify your identity when you request your Personal Data. If you would like to obtain such access, please contact us as set out below.
- Right to Rectification. You have the right to ask us to correct any inaccurate Personal Data and to complete any incomplete Personal Data. We will take reasonable steps to ensure that it is corrected.
- Right to Data Portability. You have the right to ask for a copy of your Personal Data held by us and you have the right to transfer such Personal Data to another entity.
- Right to withdraw consent. You have the right to withdraw you consent to the use of your Personal Data.
- Right to Object to Marketing. You have the right to object to further processing of your Personal Data for direct marketing purposes.
- Right to File Complaints. You have the right to file complaints with the applicable data protection authority about our processing of your Personal Data if you have any concerns with how it has been handled. This includes with the OAIC and other external dispute resolution schemes, such as financial service providers and telecommunications providers.
Making a complaint
If you have a complaint about the way we have handled your Personal Data, you can contact us using the details set out below.
Please include your name, email address and/or telephone number and include as much details as possible in relation to your complaint. We will acknowledge your complaint and respond to you regarding your complaint within a reasonable time. If we agree that your complaint is well founded, we will, in consultation with you, take appropriate steps to rectify the problem. If you remain dissatisfied with the outcome, you may refer the matter to the Office of the Australian Information Commissioner at firstname.lastname@example.org
Opt-out of any direct marketing activities
If you wish to opt-out of any direct marketing activities, you may do so via the link in the email or contact us by email at email@example.com.
For further information about our policy or practices, or to access or correct your Personal Data, or if you a complaint, you can contact us using the details set out below:
Koko Black Creative Centre
Koko Black Australia Pty Ltd
Level 1, 110 Gaffney St Coburg VIC 3058