Privacy policy.
Compliance with Privacy Obligations
This Privacy Statement sets out the policy of Keeping the Spark Pty Ltd with respect to the way in which we collect, use, disclose, store, secure and dispose of Personal Information about our members and employees including through our website at www.keepingthespark.com.au
Keeping the Spark is bound by the National Privacy Principles set out in Schedule 3 of the Privacy Amendment (Private Sector) Act 2000 (“the Act”). A copy of the National Privacy Principles may be obtained from the website of The Office of the Federal Privacy Commissioner a www.privacy.gov.au
Keeping the Spark is dedicated to ensuring that personal and sensitive information is gathered with respect to the individual and aims to exercise the highest standard of care in preserving privacy of information in all areas of operation.
Collection of Personal and Sensitive Information
For the purposes of this Statement, “Personal Information” is characterised as being information or an opinion about an individual whose identity is apparent or can reasonably be ascertained from that information or opinion. “Sensitive information” means personal information pertaining to particular dates provided to Keeping the Spark.
The types of Personal Information generally collected by us include name, address, date of birth, mobile and telephone numbers, e-mail address, credit card or bank account details, including important personal dates. Personal Information also includes information we collect in the course of providing services to individuals and external partners.
We will obtain specific consent in circumstances where it is necessary to collect sensitive information.
Use of Personal and Sensitive Information
Any Personal or Sensitive Information that we collect about individuals will be used and disclosed by us to provide the services required or otherwise to enable us to carry out our functions.
Keeping the Spark will disclose Personal Information to third party business partners when they provide services to Keeping the Spark that are consistent with the terms of our Privacy Policy. When we outsource or contract out specific support services, our contractors may access individuals’ Personal Information. It is important to note that all our contractors are subject to strict confidentiality obligations. We take great pride in operating only with reputable business partners.
Personal or Sensitive Information that is in our possession is not a subject to rent, sale or any other disclosure to any other company or organisation, without prior consent of individuals where that consent is required by law. Individuals consent to our use and disclosure of their Personal Information where it is incidental to a sale of our business to a third party.
Keeping the Spark will disclose personal information if it is under a legal requirement to do so (for example, under a court order, or if required under legislation), or if an authorised request is made from a law enforcement agency.
Otherwise, we will only disclose Personal Information with the consent of the relevant individuals.
Website/Online Privacy
The Privacy Policy outlines our approach to online privacy issues regarding Personal Information collected through our website: https://www.keepingthespark.com.au
Keeping the Spark will handle personal information collected online with the utmost care, and will not knowingly use it in ways not explicitly consented to by the user who supplied the information and to whom the information refers.
Keeping the Spark will handle Personal Information collected online consistently with the way that it handles Personal Information collected offline. Other matters specific to our handling of Personal Information online are set out below.
Cookies
No Personal Information is collected by Keeping the Spark when individuals visit our website, unless they chose to provide it to us (for example, by sending us emails through our website). However, we may collect certain data that does not identify individuals (sometimes called “web log information”) when they visit certain pages (such as the type of browser and operating system they have). We may also use “cookies” which are small files that are stored on computer and that manage the security and navigation process of the site. Users can choose to block these cookies but some portions of the site may not function correctly if they do. This type of data is collected for statistical purposes only, and while cookies will identify a computer, they are unlikely to identify users personally.Email/SMS marketing
We will not distribute our marketing material via SMS unless customers have consented to this. This is a requirement of the Spam Act 2003. Further, customers can unsubscribe from our e-newsletter or other bulletins by using the “unsubscribe” facility contained in each electronic publication we send. Occasionally, Keeping the Spark will send promotional email messages to prospective customers to market a service or activity. This will only be done on the reasonable belief that customers would be interested in the subject matter. In every case members will be provided with clear and simple instructions on how to be removed from our mailing list.Site security policy
Our website uses up-to-date technology to maximise the security of user’s Personal Information. Keeping the Spark places great importance on the security of all information associated with our customers. Our security and privacy policy are continually reviewed and updated, the user information is accessed by authorised personnel. We aim to prevent accidental manipulation, destruction, use, disclosure loss or unauthorised access of data.Hyperlinks to other websites
Our web site may contains links to other web sites which we do not control; they are not covered by our Privacy Policy. If users access other websites using the links provided, operators may collect information from users and use it in accordance with their privacy policy, which may differ from ours. We have no control over the types of information the site owners choose to collect and how they use it.Social Networking Acceptable Use Policy
Keeping the Spark encourages all comments on any of our social networking pages (Facebook, Instagram), as we would like to hear from our members, friends and staff. Customer views, news, ideas, insights and criticisms about Keeping the Spark are very important to us, yet the social networking sites must not be used to abuse others, expose others to offensive or inappropriate content, or for any illegal purpose.
It is the user’s responsibility to protect their personal privacy when using our social networking pages. We advise users not to include any Personal Information of either themselves or of others in their posts to the wall (such as email addresses, private addresses or phone numbers).
In addition, it is recommended to refrain from posting materials to the page that infringe the intellectual property rights of others and not to include internet addresses or links to websites, or any email addresses in posts to the wall.
Any information posted to the Keeping the Spark Social Networking pages (Facebook, Instagram) is recorded and used for the purpose of administering pages and addressing any comments made, while no attempt will be made to identify users except where authorised by law.
We are not responsible for the privacy practices or content of social networking pages (Facebook, Instagram). The responsibility of Keeping the Spark is limited to our own postings made on our Facebook, Instagram pages “Keeping the Spark”.
Security
We use all reasonable endeavours to secure any Personal or Sensitive Information that we hold and aim to keep this information accurate and up-to-date. Technical and organisational security measures are in place to ensure the security of information and to protect it against deliberate or accidental manipulation, destruction, use, disclosure loss or unauthorised access.
Personal and Sensitive Information is stored behind industry standard firewalls and where applicable, protected by user names and passwords.
Changes to Privacy Statement
Keeping the Spark reserves the right to change this Privacy Statement without prior notice. Any changes to Privacy Statement will be posted on the Keeping the Spark website. In order to remain updated and informed on protection of Personal and Sensitive Information, we encourage users to review this Statement. If, at any time, you have questions, comments or concerns about our privacy commitment please contact us.
Access and Correction of Your Personal Information
The access to Personal Information that we and/or contractors hold can be obtained on request. It is at the discretion of Keeping the Spark to provide this information to individuals, depending upon legal circumstances. Users are entitled to tell us if they do not wish us to hold their information, we will remove all such information from our database. Individuals also have the right to ask us to correct information about them which is inaccurate, incomplete or out of date.
If you wish to seek access to or correction of personal information that Keeping the Spark holds about you, please contact us at hello@keepingthespark.com.au We may ask you to put your request in writing. It is important to us that the Personal Information we hold about you is accurate, complete and up to date.
Contact Details
You can provide a written request or complaint to our Privacy Officer by email to hello@keepingthespark.com.au or www.privacy.gov.au.
This Privacy Statement applies to Keeping the Spark Pty Limited, its employees and contractors.
If we decide not to correct or provide you with access to your Personal Information, we will give you our reasons for our decision.
Complaints
If you have a complaint about the way we have dealt with your Personal Information, please contact us at the above email address.
Terms and Conditions.
In these terms and conditions, “we” “us” and “our” refers to Keeping the Spark Pty Ltd. Your access to and use of all information on this website including purchase of our service/s is provided subject to the following terms and conditions. The information is intended for residents of Australia only.
We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.
Our Website Services
Our services are provided to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
All prices are in Australian Dollars (AUD) and are inclusive of GST. We endeavour to ensure that our price list is current. Our prices can be accessed from our home page and we reserve the right to amend our prices at any time. If you have placed an order, we undertake to fulfil your order as priced at the time you ordered.
Site Access
When you visit our website, we give you a limited licence to access and use our information for personal use.
You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
Hyperlinks
This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
You may link our website only with our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website’s contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.
Intellectual Property Rights
The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this website becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.
If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
Disclaimers
Whilst we take all due care in providing our services, we do not provide any warranty either express or implied including without limitation warranties of merchantability or fitness for a particular purpose.
To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
From time to time we may host third party content on our website such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material.
Statuatory Guarantees and Warranties to Consumers
Schedule 2 of the Competition and Consumer Act 2010 (“C&C Act”) defines a consumer. Under the C&C Act we are a supplier of either goods or services or both to you, and as a consumer the C&C Act gives you statutory guarantees. Attached to the Standard Terms and Conditions are:-
Schedule 2 of the C&C Act; and
those statutory guarantees, all of which are given by us to you if you are a consumer.
If you are a consumer within the meaning of Schedule 2 of the C&C Act of our goods or services then we give you a warranty that at the time of supply of those goods or services to you, if they are defective then:-
We will repair or replace the goods or any part of them that is defective; or
Provide again or rectify any services or part of them that are defective; or
Wholly or partly recompense you if they are defective.
As a consumer under the C&C Act you may be entitled to receive from us notices under Schedule 2 section 103 of the C&C Act. In that regard:-
If you are a consumer within the meaning of Schedule 2 of the C&C Act and the goods or services we are providing relate to the repair of consumer goods then we will give you any notice which we are obliged to give you under Schedule 2 section 103 of the C&C Act.
If we are a repairer of goods capable of retaining user-generated data then we hereby give you notice that the repair of those goods may result in the loss of the data.
If we are a repairer and our practice is to supply refurbished goods as an alternative to repairing your defective goods or to use refurbished parts in the repair, then we give you notice that the goods presented by you to us for repair may be replaced by refurbished goods of the same type rather than being repaired. We also give you notice that we may use in the repair of your goods, refurbished parts.
Limitation of Liability
If you are not a consumer within the meaning of Schedule 2 of the C&C Act then this clause applies to you. If you are a consumer within the meaning of the C&C Act then this clause has no effect whatsoever to in any way limit our liability or your rights. If you are not a consumer:-
To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again.
We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.
We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with Us.
We do not participate in any way in the transactions between our users.
Indemnity
By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.
Jurisdiction
These terms and conditions are to be governed by and construed in accordance with the laws of NSW and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in NSW and you agree to submit to the jurisdiction of those Courts.
If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
Privacy
We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from our home page.
These Terms and Conditions have been specifically drafted for and provided to Keeping the Spark Pty Ltd by LawLive Pty Ltd.