1. Openness and transparency

Smarta Watches, Carlinet Pty Ltd and its affiliates (“Smarta”, “we”, “us”, “our”) are committed to protecting your privacy and respect and uphold your rights under the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Commonwealth) (“Privacy Act”). By using this website or providing us with your personal information, you agree to and consent to the collection, use, holding and disclosure of personal information by Smarta as set out in this policy.

2. Personal information

Personal information is information or an opinion about an individual whose identity is apparent, or can be reasonably ascertained, from that information or opinion. Personal information we may collect from you includes, without limitation your:

• name and surname
• address
• email address
• telephone number(s)
• date of birth
• data about the browser and device you use to view our websites
• data about the way you navigate our websites

We gather your contact details because they’re necessary to accept and process your orders, and to make sure you’ve got your packages.

We gather the details of your technical equipment and on-site behaviour in order to make our website more user-friendly, and to personalize our website services for you (for example, to automatically switch the website to the mobile version).

3. Collection

Smarta will collect personal information only by lawful and fair means and not in an unreasonably intrusive way. If it is reasonable and practical to do so, Smarta will only collect personal information about you directly from you. Smarta will not collect personal information unless the information is reasonably necessary for our functions and activities.

Personal information may be collected by Smarta in a number of circumstances, including when you:

• visit our websites;
• make an enquiry with us via email or telephone;
• lodge an order, enquiry or application in relation to any Smarta products or services; or
• apply for employment with Smarta.

If you use a pseudonym when dealing with us or you do not provide identifiable information Smarta may not be able to provide you with any or all of our services as requested. If you wish to remain anonymous when you use our website do not sign into it or provide any information that might identify you.

Smarta requires individuals to provide accurate, up-to-date and complete personal information at the time it is collected.

4. What does Smarta do with your personal information?

In addition to any purpose notified to you at the time of collection, Smarta uses your personal information for the purpose for which it has been provided, for reasonably related secondary purposes and for the purposes of:

• providing our products and services to you;
• providing Smarta branded products and services that are provided by our third party partners;
• our internal management needs;
• our marketing activities, including marketing activities and services provided by third parties;
• responding to any inquiries or comments that you submit to us;
• assessing, processing and managing your order or application for Smarta products and services or Smarta branded products and services offered by our third party partners;
• analyse website usage, page views, demographics and to improve the website service;
• any other purpose you have consented to; and
• any use which is required or authorised by law.

We will never store your credit card or banking information on our website or in our systems. The checkout process in place ensures that your payment information is only entered directly into secure third party payment system providers websites for the purposes of processing payment.

5. Disclosure of personal information

Our website works with third party companies that help us provide the best service for you, and these third parties also use some of the personal details you’re leaving. We limit the data they can access to only what is necessary for them to perform their obligations.

Smarta may disclose your personal information:

• to third-parties we ordinarily engage for the above purposes;
• organisations that provide products or services used or marketed by Smarta;
• any person or entity to whom you have consented to Smarta disclosing your personal information to; and
• any person or entity to whom we are required or authorised to disclose your personal information as required to do so by law or subpoena.

We employ and contract with people and other entities that perform certain tasks on our behalf and who are under our control (our “Agents”). We may need to share personal information with our Agents in order to provide products or services to you. Unless we tell you differently, our Agents do not have any right to use Personal Information or other information we share with them beyond what is necessary to assist us. You hereby consent to our sharing of Personal Information with our Agents.

We may choose to buy or sell assets. In these types of transactions, user information is typically one of the transferred business assets. Moreover, if we, or substantially all of our assets, were acquired, or if we go out of business or enter bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of us or our assets may continue to use your personal information as set forth in this policy.

6. Access and Management

You may request access to your personal information in our customer account database, or seek correction of it, by contacting our customer service team. See section 10: Contact information.

Smarta may charge a reasonable fee that is not excessive to cover the charges of retrieving your personal information from our customer account database. Smarta will not charge you for making the request.

If you believe that Smarta holds personal information about you in our customer account database that is not accurate, complete, up-to-date, relevant or information that is misleading then you may request its amendment and Smarta will respond to your request within a reasonable time. Smarta will not charge you for correcting your personal information.

If Smarta no longer needs your personal information for any of the purposes set out in this policy, or as otherwise required by law, Smarta will take such steps as are reasonable in the circumstances to destroy the information or to de-identify it.

Smarta will take reasonable steps to protect the personal information it holds from misuse, interference and loss and from unauthorised access, modification or disclosure.

7. Opting Out

At any time, you may opt out of receiving direct marketing communications from us. Unless you opt out, your consent to receive direct marketing communications from us and to the handling of your personal information as detailed above, will continue. To opt out email info@smartawatches.com.

8. Cross-border disclosure

Smarta may transfer your personal information to a person or Company who is in a foreign country to assist Smarta in providing you with the product or service that you have requested.

Smarta will take such steps as are reasonable in the circumstances to ensure that the information that is transferred to third parties located outside of Australia will not be held, used or disclosed by the recipient of the information in a manner that is inconsistent with the Australian Privacy Principles.

9. Children

We do not knowingly collect any personal information from children under 13. If we discover that a child under the age of 13 has provided us with personally identifying information, we will take steps to delete the information as soon as possible.

By using the website, you represent that you have the legal capacity to enter into a binding agreement.

10. Contact information

If you require further information regarding this policy or wish to make a complaint about a breach of the APPs by Smarta, please contact us at info@smartawatches.com. A senior member of staff will review your complaint within 5 business days and respond to you in writing advising what action(s) Smarta will take as a result of your complaint.

11. Data Security

When transmitting personal information from your computer to a Smarta website or to a Smarta affiliated website operated by one of our third party partners, you must keep in mind that the transmission of information over the Internet is not always completely secure or error-free. Other than liability that cannot lawfully be excluded, Smarta will not be liable in any way in relation to any breach of security or any unintended loss or disclosure of that information.

Smarta operated websites and Smarta affiliated websites operated by our third party partners may use “cookies” to help personalise your online experience and save you time. You have the ability to accept or decline cookies. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Smarta websites or the Smarta affiliated websites. Smarta affiliated websites operated and maintained by third parties to whom Smarta has partnered with to provide you with their products and services will be subject to the website terms and conditions of the third party partner who operates the third party website, and any transactions you conduct on these third party websites will be between you and the third party partner. We exercise no control over how your information is stored, maintained or displayed by third parties or on third-party websites.

12. Miscellaneous

We also use social buttons provided by services like Twitter, Google+, LinkedIn, Instagram and Facebook. Your use of these third party services is entirely optional. We are not responsible for the privacy policies and/or practices of these third party services, and you are responsible for reading and understanding those third party services’ privacy policies.

Smarta reserves the right to modify this Privacy Policy in whole or in part from time to time without notice and amendments will be effective immediately upon posting of the amended Privacy Policy on the Smarta website.