Privacy policy

This Privacy Policy applies to Warmellow of 470 Saint Kilda Road, Melbourne Victoria 3004, operating www.warmellow.com.au. This Privacy Policy applies to Personal Information that we collect from interested parties and from our website and other online users (hereinafter “you”), as well as information that we collect automatically during your visits to our website and shop (e.g., information collected via cookies).

 For purposes of this Privacy Policy, “Personal Information” means any data, such as your name, telephone number, email address, IP (“Internet Protocol”) address, or location data.

 We act as the APP Entity in accordance with Australia`s Privacy Act 1988 and the Australian Privacy Principles.

 

Information we collect

We may ask you for Personal Information when you

  • Use our website and services,
  • Make a Purchase in our Shop,
  • Participate online or otherwise in marketing activities,
  • Subscribe to our marketing and promotional emails or other materials,
  • Interact with us on third-party social networking sites (subject to the terms of use and privacy policies of said third parties); or
  • Contact us.

 

Our use of Personal Information

Warmellow may use your Personal Information for the following purposes:

 Sending notifications to you,

  • Enabling you to use our website,
  • Providing support to respond to your online inquiries,
  • Customise, analyze, and optimize our services (including content to gauge usage trends and determine the effectiveness of our marketing campaigns), technologies, notifications, and business relationships with you,
  • A better understanding of website users,
  • Personalizing content and implementing your preferences,
  • Prevention of fraud and other prohibited or unlawful activities,
  • Protecting the security and integrity of our website, businesses, and services; and
  • Other functions and purposes disclosed to you at the time of collection or as required or permitted by law.

 

Legal basis for processing

Our legal basis for collecting and using your Personal Information as described in this Privacy Policy depends on the Personal Information involved and the specific context in which we collect it. Generally, your Personal Information will be collected and processed by us on one or more of the following legal bases:

 Your consent,

  • Compliance with contractual obligations,
  • Compliance with legal obligations, and
  • On the basis of our legitimate interests.

 If you have any questions or need more information about the legal basis for the collection of your Personal Information, please contact us at help@warmellow.com.

 

Use of cookies

We use so-called cookies on our website. Cookies are small text files that are stored on your respective device (PC, smartphone, tablet, etc.) and saved by your browser. For further information please refer to our Cookie Policy. The legal basis for the use of cookies is your consent as well as our legitimate interest.

 

Contacting us

If you contact us, we process the following data from you for the purpose of processing and handling your request: first name, last name, e-mail address, and, if applicable, other information if you have provided it, and your message. The legal basis for the data processing is our obligation to fulfill the contract and/or to fulfill our pre-contractual obligations and/or our legitimate interest in processing your request.

 

Account and Registration

To use all features of our shop, you can register and log in. Here, too, we store data in order to create a user account for you: Name, E-mail address, and chosen password. We store this data as long as you are registered with us. If you delete your account, we will delete your data unless there is a legal retention period on our part. In this case, we must store your data for longer. The data that you provide to us via your account will be stored until you delete the data from your account. In addition, we process data that is required for the services we offer or your membership. The legal bases for processing are the contract and our legitimate interest.

 

Use of the online shop

You can order our offers via the online shop. In doing so, we process your Personal Information that is required for processing your order and for customer care, as well as the data that you also provide to us voluntarily. When you order via the online shop, for example, we have to ask for your name, e-mail address, and shipping address. We will process this data for order processing: Name, Address(es), E-mail address, Order data, Payment data, Telephone number, IP address

 The processing of this Personal Information is necessary for the ordering process. We process this data insofar as this is necessary for the processing of the contract and for the assertion of possible claims on our part. The legal bases for processing are the contract and our legitimate interest.

 The provision of bank details is subject to our payment processors. We do not collect or store payment information or bank details ourselves but receive payment confirmation statements. The legal basis for providing the checkout is the fulfillment of our contractual obligations and the fulfillment of our legal obligations.

 To ensure that you receive your ordered products, we pass on the necessary data to the selected logistics service provider for order processing. In this case, we transmit your e-mail address and in some cases also your telephone number to the logistics service provider. In this way, they can inform you that your parcel is being sent. With the parcel notification, you can influence the parcel delivery if necessary and change the delivery day or delivery location.

 Data Automatically Collected by Us

We may automatically collect information about user behavior and usage regarding your visits to our websites, such as the pages you view, the links you click, and other actions you take in connection with our website.

 We may also collect certain information about the browser you use to access our website, such as your IP address, device identifier, location data, browser type and language, your access times, the URL ("Uniform Resource Locator") of the website from which you arrived at our website, and the URL to which you are directed after leaving our website if you clicked on a link on our website.

 

Data from third-party sources

We may obtain data about you from third-party sources, such as social networks, and other third parties. We may use this data to better analyze your user behavior to improve our ability to provide you with relevant marketing information and services and to prevent and combat fraud.

 

Retention of your data

We will retain your Personal Information as necessary in connection with the purposes described in this Privacy Policy, for as long as you are actively working with us, and in accordance with applicable Retention Periods and other applicable laws.

 

International transfers

Warmellow may transfer your Personal Information to other companies and/or business partners as necessary for the purposes described in this Privacy Policy. In doing so, your Personal Information may be transferred to countries outside Australia. In order to provide adequate protection for your Personal Information when it is transferred, we have contractual arrangements regarding such transfers. We take all reasonable technical and organizational measures to protect the Personal Information we transfer.

 

Sharing of Personal Information by us

With your consent, we may disclose your Personal Information for any purpose. In addition, we may disclose your Personal Information: in connection with law enforcement, fraud prevention, or other legal proceedings; as required by law or regulation; if Warmellow (or a part of Warmellow) is sold to or merged with another company; or if we have reasons to believe that disclosure is necessary to protect Warmellow, its clients or the public. In all cases other than those described above, Personal Information will not be disclosed by us to third parties for their own marketing purposes without your consent.

 

Updating your information

If you believe that the information, we hold about you is inaccurate or that we are no longer entitled to use it and want to request its rectification, deletion, or object to its processing, please do so by contacting us using help@warmellow.com.

 

Access Request and updating your Personal Information

In the event that you wish to make a Data Subject Access Request, you may inform us in writing of the same using help@warmellow.com.

 

We will respond to requests regarding access and correction as soon as reasonably possible. Should we not be able to respond to your request within thirty (30) days of receiving your request, we will inform you in writing within thirty (30) days of the time by which we will be able to respond to your request. If we are unable to provide you with any Personal Information or to make a correction requested by you, we shall generally inform you of the reasons why we are unable to do so (except where we are not required to do so under the respective legal regulations mentioned above).

 

Your rights

Under the Privacy Act, you can exercise the following rights:

  • Right to information about the Personal Information concerned.
  • Right to rectification of inaccurate Personal Information.
  • Right to erasure of Personal Information.
  • Right to restriction of the processing.
  • Right to object to processing.
  • Right to object at any time to the processing of your Personal Information for the purposes of advertising and data analysis.
  • Right, to withdraw the consent if you have given us consent to process your data.

 

If you have any questions about the nature of the Personal Information we hold about you, or if you wish to request the erasure or rectification of Personal Information we hold about you, or to exercise any of your other rights as a data subject, please contact us at help@warmellow.com or send a written request to the postal address provided above.

 

How we protect your Personal Information

Warmellow takes all reasonable steps to protect your Personal Information from misuse, alteration, and loss, and from unauthorized access, alteration, or disclosure. To this end, we use the following means, among others:

 

  • Use of encryption when collecting and transmitting sensitive data such as credit card information, technical and organizational measures to ensure the continuous integrity, availability, and fail-safety of processing systems and services,
  • Restricting physical access to our sites,
  • Restricting access to data we collect about you,
  • Ensuring appropriate safeguards are in place at our facilities and those of our business partners to ensure the security of your Personal Information; and,
  • where required by law, deleting or anonymizing Personal Information.

 

Collection and Use of Children's Personal Information

Warmellow takes the privacy of children very seriously. We do not knowingly collect Personal Information from children through our website.

 

Changes

We may update this Privacy Policy from time to time. If we make changes to this Privacy Policy or materially change Warmellow's use of your Personal Information, we will revise the Privacy Policy accordingly and also change the effective date at the end of this section. We encourage you to periodically review this Privacy Policy to be informed of how we use and protect your Personal Information.

 

Returns and Refunds

You may return Products that are: unused, in their original packaging, in a saleable condition, with any labels still attached, and otherwise as required by law, within 30 days of receipt for a refund. If you wish to return a Product, you must contact us at our designated email address to initiate the process. Return shipping costs will be borne by you unless the Product is faulty or not as described. Once we receive and inspect the returned Product, we will process your refund within 14 days. Please note that depending on your bank, it may take additional time for the funds to reach your account.

Intellectual Property All content and material on our website, including but not limited to text, images, logos, designs, and software, are the property of Warmellow or our licensors and are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or use any of our intellectual property without our express written consent.

User Conduct While using our website and services, you agree not to: engage in illegal activities; post or transmit any material which violates or infringes upon the rights of others; post or transmit any defamatory, obscene, or offensive material; or attempt to interfere with the functionality of our website.

Contact us

If you would like to contact us regarding our privacy practices for any reason, please email us at help@warmellow.com or write to us at the above-mentioned address.

 

Effective Date

19 June 2023