PRIVACY POLICY

Effective Date: 1st November 2023

This privacy policy governs the protection of your privacy while utilising our website, herein referred to as "the website," accessible at www.thehoa.com.au.
The website is owned and operated by Awaken Brands Pty Ltd.

We are dedicated to safeguarding your privacy during your interaction with the website. It's imperative to carefully peruse this policy as it encapsulates vital information on:

  • Our identity
  • The collection, storage, use, and sharing of personal information
  • Your rights regarding your personal information
  • Procedures to contact us and regulatory authorities for any grievances.

(1) INTERPRETATION

(a) In this Privacy Policy, unless context dictates otherwise, the following interpretative rules apply:

(I) Words indicating a particular gender encompass all genders.

(II) Singular references encompass the plural, and vice versa.

(III) References to individuals include entities such as companies, organisations, and vice versa.

(IV) Headings and titles serve convenience and do not influence interpretation.

(V) Each party is responsible for executing this Privacy Policy and the events it encompasses.

(VI) An obligation not to engage in an action also includes preventing others from doing so.

(2) WHO WE ARE

(a) Awaken Brands Pty Ltd owns and operates this website. We collect, utilise, and are accountable for specific personal information about you. This collection and usage adhere to Australian privacy laws. Additionally, we may fall under the scope of the General Data Protection Regulations ("GDPR") applicable across the European Union ("EU") and the United Kingdom ("UK"). As such, we may be deemed a "controller" of your personal information under these laws.

(3) THE INFORMATION WE COLLECT AND USE, HOW WE COLLECT IT, AND WHY WE COLLECT IT

(a) Personal Information You Provide to Us

(I) We gather the following personal information provided by you:

  • Residential Address
  • Email Address
  • Date of Birth
  • Credit Card Details
  • Phone Number

(II) This information is acquired through various means:

  • Purchase transactions
  • Newsletter subscriptions
  • Participation in competitions
  • Correspondence via email or our website's "Contact Us" form

(III) We gather this data for the following purposes:

  • Facilitating order packaging and delivery
  • Enhancing and customising our service

(b) Cookies and Similar Technologies

(I) Cookies, small text files placed on your device when accessing our website, and comparable technologies like web beacons or pixel gifs, enable us to track and store certain user actions and data.

(II) These technologies may monitor:

  • Website traffic
  • Location Data
  • User page visits and frequency

(III) This assists in developing user profiles, some of which may be aggregated or statistical, thus ensuring individual identification isn't possible.

(IV) Please note, certain cookies or similar tools may be operated by third parties, also collecting personal information.

(V) Upon your initial website visit, we seek your consent for cookie usage. Opting out is possible anytime, although some website features may be affected.

(VI) Kindly refer to our cookies policy for extensive information on our cookie practices.

(4) WHETHER YOU HAVE TO PROVIDE PERSONAL INFORMATION, AND IF SO WHY

(a) Choice to Provide Information

Irrespective of the previous clause, you retain the choice to abstain from providing personal information. However, non-disclosure may impact certain website features' functionality.

(5) MARKETING

(a) Sending Marketing Information

We aim to share product/service details, offers, competitions, and business updates that might interest you via mail, email, phone, text, or automated calls.

(b) Upon initial contact information submission (e.g., purchase, newsletter signup, competition entry), we seek your marketing message preferences. Opting out is feasible at any time (refer to "What other rights do you have?" below).

(6) EMAIL OPT IN/OUT

(a) If you receive website-related emails and wish to discontinue future correspondence, follow the provided instructions in the email or contact us (details at the end of this Privacy Policy). Efforts to promptly respect your opt-out request will be made, yet subsequent correspondence may occur during processing.

(7) COMBINING INFORMATION

(a) We might merge, link, or aggregate select data to better understand user needs, facilitating website enhancements or aiding business/administrative functions.

(b) Aggregated data might be shared with third parties.

(8) WHO YOUR INFORMATION MAY BE SHARED WITH

(a) Your information may be shared with law enforcement agencies to assist in investigations, and with third-party service providers aiding us in serving you better.

(8) WHO YOUR INFORMATION MAY BE SHARED WITH

(c) Third-Party Service Providers

(i) We engage third-party service providers for information storage, such as cloud storage.

(ii) Additionally, some providers may assist in data analysis or usage tracking, helping us comprehend website usage patterns for enhancement.

(iii) Hosting the website might involve third-party service providers accessing some personal information, ensuring their adherence to our privacy standards as outlined in this policy.

(d) Protection of Rights and Safety

(i) Your personal information may be disclosed to third parties if necessary to protect our rights, property, safety, or that of our customers or others, or as legally mandated.

(ii) We are committed to refraining from spamming, selling, or renting your personal information.

(9) HOW LONG YOUR PERSONAL INFORMATION WILL BE KEPT

(a) We retain your personal information as long as necessary for the purposes listed in this Privacy Policy.

(b) Information permitting identification will be held no longer than necessary for the outlined purposes.

(c) In specific cases, your data might be stored for extended periods solely for archiving, public interest, research, or statistical purposes, employing GDPR-compliant measures safeguarding your rights and freedoms.

(10) REASONS WE CAN COLLECT AND USE YOUR PERSONAL INFORMATION

(a) Lawful Basis for Processing

(i) We rely on legal obligations, vital interests, or public tasks as the lawful basis for collecting and using your personal information, excluding contractual obligations.

(11) MERGER, RESTRUCTURE OR SALE OF OUR BUSINESS

(a) In scenarios involving business mergers, restructuring, or sales, including stock sales, corporate reorganizations, or changes in control, your personal information, including identifiable data, might be transferred as part of such events.

(12) KEEPING YOUR INFORMATION SECURE

(a) Continuation of website use implies agreement with this Privacy Policy. While we maintain appropriate security measures, the internet's transmission and electronic data storage remain inherently insecure. Your information transmission occurs at your own risk.

(b) Stringent security measures are in place to prevent unauthorized access or accidental loss of personal information. Access to your data is limited to authorized personnel under strict confidentiality obligations.

(12) KEEPING YOUR INFORMATION SECURE

(c) Technological and organizational measures further reinforce the security of your information.

(d) Procedures are in place to address any suspected data security breaches. If such breaches occur, you and relevant regulators will be notified in compliance with legal requirements.

(e) While we make every effort to secure your data, internet use carries inherent risks. Thus, we cannot guarantee the absolute security or integrity of transmitted personal data. If you have concerns, please contact us using the details provided below.

(13) TRANSFERS OF YOUR INFORMATION TO OTHER JURISDICTIONS

(a) Our business operates in Australia, and some information collected may be shared within and outside Australia.

(b) Information might be shared from the UK and/or EEA with organizations globally, subject to your consent when necessary.

(c) Australia maintains strict data protection laws, but they differ from those in the UK and EEA. Additionally, Australia hasn't received a formal decision regarding data protection adequacy akin to that in the UK and EEA.

(d) Apart from Australia, your information might be processed in:

Europe, UK, South Africa, New Zealand

(e) Cloud or networked storage might also store your data, accessible globally via the internet, making it challenging to pinpoint specific storage locations.

(f) Many countries outside the UK and EEA lack similar data protection laws. We ensure data protection compliance through:

  • Adequate data transfer mechanisms
  • European Commission-approved contracts or clauses
  • Adherence to approved codes of conduct or certification mechanisms

(g) Transfers outside the UK or EEA comply with relevant protections and mechanisms ensuring an adequate level of data protection.

(14) ACCESSING, UPDATING AND CORRECTING YOUR PERSONAL INFORMATION

(a) Ensuring accuracy and currency of held personal information is a priority. We take steps to rectify any inaccuracies without delay.

(b) You retain the right to access and request updates or corrections to your personal information held by us.

(14) ACCESSING, UPDATING AND CORRECTING YOUR PERSONAL INFORMATION

(a) Ensuring the accuracy and currency of held personal information is a priority. Rectification of any inaccuracies occurs promptly.

(b) Your right to access and request updates or corrections to your personal information held by us remains intact.

(15) WHAT OTHER RIGHTS DO YOU HAVE?

(a) Under the GDPR, you possess several vital rights, including:

  • Fair processing and transparency regarding the use of your personal information
  • Access to your personal information and supplementary details covered by this Privacy Policy
  • Correction of any errors in your information held by us
  • Erasure of your personal information in specific situations where its purpose is fulfilled
  • Receipt of your personal information in a structured, commonly used, machine-readable format, allowing transmission to a third party in certain cases
  • Objection to direct marketing or automated decisions significantly affecting you
  • Restriction on our processing of your personal information in certain circumstances
  • Entitlement to compensation for damages caused by our breach of any data protection laws

(b) For comprehensive information on these rights, refer to the Office of the Australian Information Commissioner (https://www.oaic.gov.au/) or the UK Information Commissioner’s Office (ICO) guidance on individual rights under the GDPR (http://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/).

(c) To exercise any of these rights:

  • Contact us via email, phone, or written correspondence
  • Provide sufficient information to identify yourself
  • Furnish proof of your identity (e.g., a copy of your driving license, passport, or a recent credit card/utility bill)
  • Specify the information relevant to your request

(d) Occasionally, alternative methods to unsubscribe (opt-out) from direct marketing, such as unsubscribe buttons or web links, may be available. Please note, after selecting to unsubscribe, you might still receive marketing during the processing of your request.

(16) GOVERNING LAW

This Privacy Policy is governed by the laws of New South Wales, Australia. Both parties submit to the jurisdiction of the courts of New South Wales, Australia.

(17) HOW TO COMPLAIN

(a) We prioritize customer satisfaction. Should you have a complaint regarding our handling of your personal information, we will address it promptly and fairly. Our complaint handling procedure is outlined below:

(I) Direct any queries or complaints to info@thehoa.com.au

(II) Submit all complaints in writing, either via email or regular mail, using the contact details provided at the end of this Privacy Policy. Describe your complaint's nature, including relevant dates, involved individuals, any resulting consequences, and proposed rectifications. We aim to respond within 21 days, although this timeline is not guaranteed.

(III) If dissatisfied with our response, you can refer the complaint to the relevant external dispute resolution organisation in your area.

(IV) Under the GDPR, you have the right to lodge a complaint with a supervisory authority, typically in the European Union (or European Economic Area) state where you work, reside, or where any alleged data protection law infringement occurred. The Office of the Australian Information Commissioner (https://www.oaic.gov.au/) and the Information Commissioner (https://ico.org.uk/concerns/) serve as supervisory authorities in Australia and the UK, respectively.

(18) CHANGES TO THE PRIVACY POLICY

(a) This Privacy Policy was last updated on 1st November 2023.

(b) Occasional updates to this policy may occur. Please check this page periodically to stay informed about the latest version applicable each time you access our website. Additionally, we endeavour to notify users of any changes by:

  • Sending emails to those who have opted to receive correspondence.

(19) CONTACT US

(a) For any inquiries about this Privacy Policy or the information we hold about you, please contact us through:

  • Email: info@thehoa.com.au
  • Mail: Suite 803, 6A Glen St, Milsons Point, NSW, 2061