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T&Cs

PRIVACY POLICY

Nutty Bay Pty Ltd ACN 624 120 930 trading as Nuttybay.com.au

OUR COMMITMENT
We recognise that your privacy is very important to you. We are committed to protecting the privacy of your Personal Information in accordance with the Privacy Act 1988 (Cth).The Privacy Act details Australian Privacy Principles that set minimum standards for how government agencies and private sector organisations may collect, use, disclose, store and provide access to Personal Information. We are committed to complying with the Australian Privacy Principles. 


DEFINITIONS
‘Personal Information’ means any information or an opinion about an identified individual, or an individual who is reasonably identifiable:

  •  whether the information or opinion is true or not; and
  • whether the information or opinion is recorded in a material form or not.

‘Related Companies’ has the same meaning as related bodies corporate as
defined in section 50 of the Corporations Act 2001 (Cth).
‘Sensitive Information’ is a sub set of Personal Information defined as:
1. information or an opinion about an individual’s:
1. racial or ethnic origin; or
2. political opinions; or
3. membership of a political association; or
4. religious beliefs or affiliations; or
5. philosophical beliefs; or
6. membership of a professional or trade association; or
7. membership of a trade union; or
8. sexual orientation or practices; or
9. criminal record; or
2. health information about an individual; or
3. genetic information about an individual that is not otherwise health
information.; or
4. biometric information that is to be used for the purpose of automated
biometric verification or biometric identification; or
5. biometric templates.
‘you’ and ‘your’ refers to our customers and prospective customers. It also refers to users of our web site.

Nutty Bay Pty Ltd and its related entities (referred to as Nutty Bay, we or our) are committed to the protection of your Personal Information in accordance with the Australian Privacy Principles (APPs) as set out in the Privacy Act 1988 (Cth) (Privacy Act). This Privacy Policy describes the manner in which Nutty Bay collects, holds and uses Personal Information that is covered by the Privacy Act. It is not intended to cover categories of Personal Information that are not covered by the Privacy Act.  If you wish to make any inquiries regarding this Privacy Policy, you should contact Nutty Bay in any of the ways specified in this policy. Nutty Bay may, from time to time, review and update this Privacy Policy including to take into account new laws, regulations and technology. All Personal Information held by Nutty Bay will be governed by our most recent Privacy Policy, posted on our website (www.Nuttybay.com.au) (Website). Our most recent Privacy Policy will apply to our collection, use and disclosure of Personal Information.

HOW WE COLLECT YOUR PERSONAL INFORMATION
We collect Your Personal Information in various ways, including via telephone, our website, forms you may complete and submit, obtaining an online quote, email, entry into a competition or surveys that you participate in.

Whenever you deal with us, we will collect this information directly from you unless it is unreasonable or impracticable for us to do so. In some instances we may collect your information from someone else. This may include our authorised representatives, distributors, referrers, agents, business partners, Related Companies, member loyalty or rewards program providers, family members and anyone you have authorised to deal with us on your behalf. If you provide Personal Information to Nutty Bay about another person, we rely on you to have made or make them aware that you will, or may, provide their information to us and the types of third parties we may provide it to, the relevant purposes we and any of the third parties will use it for and how they can access it. If you have not done, or will not do either of these things, you must tell us before you provide the relevant Personal Information. From time to time we may request Personal Information from you through competitions or surveys. Participation in these competitions or surveys is completely voluntary and you, therefore, have the choice of whether or not you disclose the Personal Information requested. We may use Personal Information we collect through surveys or questionnaires to assess your satisfaction with our products and services and to determine how we may be able to better service your needs.

WHAT INFORMATION WE COLLECT
The Personal Information we collect depends on the products and services we offer you or you use or apply for. Typically the details we collect and hold include your name, contact details (address, phone and fax number, email address) date of birth and gender. We may also collect information that is specific to a particular product. We do not collect ‘Sensitive Information’ Unless it is impracticable, you have the option of interacting with us anonymously or by using a pseudonym. For example, you may visit and browse our website and use some of our online facilities without having to reveal any Personal Information.

WHY WE COLLECT AND HOW WE USE PERSONAL INFORMATION
We generally collect Personal Information to provide or offer you the various products and services we offer or otherwise as permitted by law. Such purposes include responding to your enquiries, providing you with assistance you request of us, maintaining and administering our products and services; processing your survey or questionnaire responses; market research and the collection of general statistical information using common internet technologies such as cookies; providing you with marketing information regarding other products and services (of ours or a third party); quality assurance and training purposes; performing administrative operations (including accounting and risk management) and any other purpose identified at the time of collecting your information. If you do not consent to us collecting and using all or some of the Personal Information we request, we may not be able to provide you with our products or services. We use Personal Information we may collect through competitions to determine prize-winners, award prizes and notify winners. we use Personal Information we may collect through surveys or questionnaires to assess your satisfaction with our products and services and to determine how we may better service your needs. we, and our Related Companies, may also use Personal Information you provide for research and statistical analysis.

THE COLLECTION OF INFORMATION THROUGH OUR WEBSITE

Nutty Bay will not collect any Personal Information about users of our Website except when they knowingly provide it or as otherwise described below. For example, Nutty Bay may collect Personal Information from users of the Website when they:

  •  complete an online form, including an enquiry form or registering to receive updates, promotional material or other information; or correspond with Nutty Bay.
  • Aggregate and Click Stream Data - When you visit and browse our Website, our Website host may collect Personal Information and non-personal information or data in aggregate form for statistical, reporting and maintenance purposes. The Personal Information collected by our Website host will not be used to identify you.

The information may include:

  •  the number of users visiting our Website and the number of pages viewed;
  •  the date, time and duration of a visit;
 the IP address of your computer; or
  •  the path taken through our Website.

Nutty Bay's Website host uses this information to administer and improve the performance of our Website, including to measure and analyse internet usage across our Website and to assist us with the diagnosis of and to provide support for any issues with our Website or services.

Cookies - Cookies are small text files that are transferred to a user's computer hard drive by a website for the purpose of storing information about a user's identity, browser type or website visiting patterns. If you access our Website, a cookie is downloaded onto your computer's hard drive when you first log on to our Website. You can adjust your internet browser to disable cookies, however Nutty Bay may not be able to provide you with all the service or functionality you require on our Website if you choose to do so. Web Beacons - Web beacons are images that originate from a third party site to track visitor activities. Nutty Bay may use web beacons to collect aggregate data and provides this information to our Website host to administer and improve the performance of our Website. Advertising - We use Google and/or other third-party service providers to serve ads on our behalf across the Internet and sometimes on our Website. They may collect anonymous information about your visits to our Website (not including your name, address, email address or telephone number), and your interaction with our products and services. They may also use information about your visits to the Website and other websites to target advertisements for goods and services in order to provide more relevant advertisements about goods and services of interest to you.

HOW WE USE THE INFORMATION WE COLLECT
Nutty Bay uses the Personal Information it collects about you for our business functions and activities, which may include the following:

  •  to provide you with information, products or services you have requested, including providing you with information about options available, and where we engage with third parties to provide you with goods or services;
  • to respond to your enquiries or to register you as a registered user of the Website;
  •  to promote and market our products and services to you, including to communicate with you via our email newsletters;
  • to personalise and customise your experiences on our Website; to help Nutty Bay research the needs of its customers;
  •  to conduct research for the purposes of improving existing products or services or creating new products or services;
  •  to operate and improve our Website, including displaying personalised content and advertising;
  •  to provide you with ongoing information about Nutty Bay and its activities;
  •  to allow us to provide you with third party information and offers in which we believe you may be interested;
  •  to use de-identified information for the purposes of data analysis, research and reporting;
  • to comply with regulatory or other legal requirements;
  • for purposes related to the employment of our personnel and providing internal services to our staff; and
  • for any other use required or permitted by law or any other purpose communicated to you at the time that the Personal Information was collected or for which you provided your consent.


Nutty Bay may use your Personal Information for a secondary purpose if that secondary purpose is related to those purposes above if we have your consent or if otherwise provided for under the Privacy Act. Direct Marketing - Nutty Bay may use your Personal Information to provide you with direct marketing materials if you would reasonably expect us to or if you consent to receive direct marketing materials. We will seek your consent to provide you with direct marketing materials if we have obtained your Personal Information from a third party. Direct marketing material may include promotional material about Nutty Bay or the products or services offered by Nutty Bay. You may opt out of receiving direct marketing material by contacting us in any of the ways specified in the direct marketing materials or as set out in clause 14.

Generally, we will only collect and use your Personal Information in accordance with this Privacy Policy. In the event that we collect or use Personal Information in ways other than as stated in this Privacy Policy, we will ensure that we do so in accordance with the Privacy Act.

SHARING AND DISCLOSING YOUR PERSONAL INFORMATION
We will not share Your Personal Information with any unrelated party except under the following circumstances:

  •  in accordance with this Privacy Policy;
  •  as provided in a collection notice we give you;
  • where a product or service you apply for is provided or supplied by or through a third party;
  •  where a third party, such as a mailing house, carries out activities on our behalf;
  •  if disclosure is otherwise required in order to provide you with a particular product or service;
  •  in order to ensure our ability to continue providing products and services;
  •  if disclosure is required for the purposes of conducting business analysis in order to improve our products and services;
  •  if disclosure is required by law or requested by a statutory authority; including the Financial Ombudsman Service, other dispute resolution providers, government bodies, regulators and other law enforcement agencies;
  •  where a third party has an interest in the product or service we supply, for example an administrator, a related product provider, distributor;
  •  where it is necessary for a third party to assist us in providing our services or where we seek professional advice, for example reference bureaus, external IT service providers, and
  •  where you have provided your consent to the use or disclosure – which may be given expressly or may reasonably be implied by your conduct.
  •  We may also share non-personal, de-identified and aggregated information for research or promotional purposes or for the purpose of improving our services.


Unless otherwise specified in this Privacy Policy, Nutty Bay or Nutty Bay's Website host will not disclose any of your Personal Information to any other organisation unless the disclosure is required by law, is otherwise permitted by the Privacy Act, or is with your consent. Related and unrelated third parties to whom your Personal Information is disclosed are required to keep the information confidential and only use it for the same purposes we are permitted to use it. Nutty Bay does not currently disclose Personal Information outside of Australia.
We will keep your Personal Information only for as long as required for our business purposes and otherwise as required by Australian law. Where we no longer need to keep your Personal Information we will take reasonable steps to destroy or de-identify your Personal Information. If you wish to have your Personal Information destroyed or de-identified, please let us know and we will take reasonable steps to do so (unless we need to keep it for legal, auditing or internal risk management reasons, or as otherwise required by law).

SECURITY OF YOUR PERSONAL INFORMATION HELD BY NUTTY BAY
Nutty Bay will take reasonable steps to protect your Personal Information from misuse, interference and loss and from unauthorised access, modification or disclosure. Nutty Bay aims to keep your Personal Information secure and up to date. We will comply with our obligations under the Privacy Act in relation to any Personal Information that we handle, including information that is held on Nutty Bay's computer systems. Personal Information that is held by Nutty Bay in hard copy is stored securely and is only disclosed or used for the purposes described in this Privacy Policy.

ACCESS TO AND CORRECTION OF YOUR PERSONAL INFORMATION
We will take reasonable steps to ensure that the Personal Information that we hold is accurate, up-to-date and complete.  You can update your Personal Information at any time by contacting Nutty Bay in any of the ways specified in the ‘Contact Us’ section or if you are a registered Nutty Bay user by logging in and updating your profile.  Nutty Bay welcomes any changes to your Personal Information so as to keep our records up to date. You are entitled to access Personal Information that Nutty Bay holds about you.  If you request access to your Personal Information, we will grant your request unless providing you with access would unreasonably impact upon the privacy of others or is not otherwise permitted under the Australian
Privacy Principles or at law.  We will provide you with written reasons if we
refuse your request to access your Personal Information. In all cases you will be asked to verify who you are before Your Personal Information is provided. In most cases, you may access your Personal Information at no cost to you by contacting Our Privacy Officer via mail at the address in the ‘Contact Us’ section or by sending an email to info@nuttybay.com.au

HOW TO CONTACT US
If you feel that your privacy has not been respected or that Nutty Bay has conducted itself inconsistently with this Privacy Policy, the Australian Privacy Principles, a registered APP Code and/or the Privacy Act in respect of your Personal Information, or for any other queries, problems, complaints or communication in relation to this Privacy Policy, please contact us in any of the following ways: Email: info@nuttybay.com.au Write To:

Att: Privacy Officer, Nutty Bay Pty Ltd, 61 Eden Valley Drive Alstonville NSW 2481

You can find out more information about the Privacy Act and the Australian Privacy Principles from the Office of the Australian Information Commissioner. The Information Commissioner may be contacted at www.oaic.gov.au (email - enquiries@oaic.gov.au) or by calling on 1300 363 992.
Copyright © 2019 Nuttybay.com.au

Terms

Nutty Bay Pty Ltd ACN 624 120 930 trading as Nuttybay.com.au Website
Terms and Conditions (Terms) In these Terms, “we” and “us” mean Nutty Bay Pty Ltd (Nutty Bay) and “you” means you the customer or site visitor.  Access to and use of the Nutty Bay website www.Nuttybay.com.au (Website) and the services available through the Website are subject to the following Terms as may be updated by us from time to time. Your use of the Website and any related social media outlets (eg. Twitter, Facebook, Instagram) means that you accept the terms and conditions set out on this page and in the Privacy Policy. Nutty Bay may from time to time review and update these Terms to take account of new laws, regulations, products or technology.  Your use of the Website will be governed by the most recent Terms posted on the Website.  By continuing to use the Website, you agree to be bound by the most recent Terms. It is your responsibility to check the Website regularly for updated versions of the Terms. The Website is subject to change at any time without notice and may contain errors.

USING THE WEBSITE SERVICES AND FUNCTIONALITY
Using the services and functionality made available through the Website is governed by these Terms. Nutty Bay provides its Website visitors and members the opportunity to use the services and functionality made available through the Website. By using the services and functionality made available through the Website, you are offering to use our services on and subject to these Terms.

AVAILABILITY
You should note that some countries have import restrictions on certain services.  If you are outside Australia, you will be responsible for checking whether such restrictions apply before using the services and functionality made available through the Website. Nutty Bay reserves the right to change the services and functionality made available through the Website from time to time as required. We reserve the right to change information immediately without notice to you in the event of any errors. We also reserve the right to refuse to provide services and
functionality made available through the Website based on information on our Website that is outdated, otherwise incorrect or for any other reason.

CONTENT
Nutty Bay has the right, but not the obligation, to monitor any information, comment, content, communication, advice, text, or other material (Content)
made available or posted on the Website.  Nutty Bay reserves the right, in its absolute discretion, to block, modify or remove any Content contained on the Website without notice, and will not be liable in any way for possible consequences of such actions. The Content on the Website is for general information purposes only.  Furthermore, Nutty Bay does not warrant or make any representations as to any third party services described or referred to on the Website or entity that provides services or products who is a registered user of Nutty Bay. Any use of Nutty Bay materials or information by another person or organisation is at the user's own risk. Some of the Content on this Website is obtained and developed from a variety of sources.  Inclusion of Content on this Website is not an
endorsement of any organisation, Service Provider, product or service. Nutty Bay provides no endorsements of any third party provider.  You agree that you are solely responsible for reviewing any material promoted on the Website by an third party provider to confirm the suitability of the material and any service or product promoted by the third party provider.  If you have a complaint regarding any content, Nutty Bay's sole obligation will be to review any written complaint notified to it and, if it sees fit, in its sole discretion, modify or remove the particular Content.

LINKS
The Website may contain links to other websites, including those of third party providers and advertising partners. Nutty Bay provides those links as a ready reference for searching for third party goods and services on the internet and not as an endorsement of those web sites, their operators or the goods, services or content that they describe. Other web sites that are linked to the Website (including Facebook, Twitter, Google), are not covered by these Terms, and may have their own terms and conditions and privacy policy.  If you choose to access these linked sites, you do so at your own risk. Nutty Bay is not responsible for and will not be liable in respect of the content or operation of those web sites or any of the goods, services or content that they describe. Nutty Bay is not responsible for and will not be liable in respect of any incorrect link to an external web site. You are not permitted to frame or link the Website without Nutty Bay's express written permission.

ACCESS AND COMMUNICATION
Subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law), Nutty Bay does not warrant that you will have continuous access to the Website. Nutty Bay will not be liable in the event that the Website is unavailable to you due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities or interruption in telecommunications supply.

Nutty Bay does not guarantee the delivery of communications over the internet as such communications rely on third party service providers. Electronic communication (including electronic mail) is vulnerable to interception by third parties and Nutty Bay does not guarantee the security or confidentiality of these communications or the security of the Website. 

Nutty Bay does not provide, and has no control over, communications,networks or services, the internet or other technology required or used across the Website and accepts no responsibility for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise. Details contained on the Website relating to goods and services have been prepared in accordance with Australian law and may not satisfy the laws of another country. Nutty Bay does not warrant that the goods or services
available on this Website or the Website and its content, comply with the laws of any other country.  It is your responsibility to determine whether the goods or services comply with the laws of your jurisdiction. If you access and use this Website or its content from outside Australia, you do so at your own risk.

PRIVACY
Any personal information submitted by you to Nutty Bay is subject to and will be handled in accordance with Nutty Bay's privacy policy (Privacy Policy).  The Privacy Policy forms part of these Terms and is set out at www.Nuttybay.com.au/privacy. You agree that, by using the Website or communicating with Nutty Bay, you have read the Privacy Policy, understood its contents and consented to its requirements.

WEBSITE LICENSE AND USE
Nutty Bay grants you a non-exclusive and non-transferable licence to use the Website for your own personal use subject to the restrictions specified in these Terms. You may not download (other than page caching) or modify the Website or any portion of the Website.  Any Content that you post on the Website or otherwise provide or communicate to Nutty Bay will be treated as non-confidential and non proprietary information.

PROHIBITED USES
In using the Website you must not:

  •  engage in any commercial activity including marketing, advertising or commercial promotion of goods or services, resale, collect and use any product lists or pricing for the benefit of other merchants, data mine oruse robots or other data collection methods;
  •  impersonate or falsely claim to represent a person or organisation;
  •  defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity;
  •  post, link to, or otherwise communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use the Website in a manner which is unlawful or would infringe the rights of another person including any intellectual property rights; or
  •  post, link to, or otherwise distribute any information, material or item which contains a virus, trojan horse, worm or other harmful or disruptive component. Unauthorised use of the Website may give rise to a claim for damages and/or may result in legal proceedings being taken against you. Nutty Bay provides no warranties and cannot guarantee that any file, program, access or use of the Website is free from viruses, malware or other harmful technology or material that could damage or infect your data, hardware, software or other equipment. By accessing and using the Website you assume all risk in this regard and you release Nutty Bay from all applicable liability and responsibility.

TERMINATION OF ACCESS TO THE WEBSITE
By using this website you agree to these terms and conditions of use. This agreement is effective from your first use of this website until terminated by you or Nutty Bay. You may only terminate this agreement by unsubscribing to all services provided by this Website and destroying all materials obtained from this website, all related documentation and all copies and installations thereof, whether made under the terms of this agreement or not. This agreement will terminate immediately, with notice from Nutty Bay if, in its sole discretion, you fail to comply with any term or provision of these Terms. Upon termination, you must destroy all materials obtained from this website and unsubscribe from all services provided by Nutty Bay on this website.

LIABILITY DISCLAIMER
Although great care has been taken to ensure the reliability of any statements of opinion or general ratings information provided by the Website, Nutty Bay gives no warranty in relation to statements and information contained in any Nutty Bay social media and subject to the following paragraph, disclaims all liability to the fullest extent possible arising from any persons acting on the information and statements contained therein. Nutty Bay assumes no responsibility or obligation to provide updates on any published statement or report. Nothing in these terms and conditions shall be construed to exclude, restrict or modify any guarantee applicable to a consumer that may apply under the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (‘Consumer Guarantee’).  Where a Consumer Guarantee is not able to be excluded, Nutty Bays liability shall be limited at its sole discretion, to supplying the service again, or payment of the costs of having the service supplied again.   Subject to the foregoing, Nutty Bay shall have no liability to any user of any of the social media or the information on it, for any reason.

INDEMNITY
You agree to fully indemnify Nutty Bay, its directors, officers, directors, employees, consultants, agents and affiliates in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with any of the following:

  •  any breach of these Terms by you;
  •  your access or use of the Website; or
  •  your communications with Nutty Bay.

JURISDICTION AND LAW

These Terms are governed by and must be construed in accordance with thelaws of the State of New South Wales, Australia.  You submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms, their performance and subject matter.
WAIVER
If you breach these conditions and we take no action, we reserve our rights and remedies in any other situation where you breach these Terms.
SEVERABILITY
Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision.
ENTIRE AGREEMENT
These Terms constitute the entire agreement of the parties and supersede any and all preceding agreements between you and Nutty Bay. Any waiver of any provision of these Terms will be effective only if in writing and signed by a Director of Nutty Bay Pty Ltd .
CONTACTING US
If you have questions about the Website, these Terms or our Privacy Policy, please contact us at info@nuttybay.com.au

Copyright © 2019 nuttybay.com.au