Privacy & Policy

At Guilty Chocolates Pty Ltd (ABN/ACN: 19 654 662 576 / 654 662 576) “Guilty Chocolates” we are committed to protecting your privacy, including the information we receive about you. The following policy explains how we will collect and use information about you, and how we will fulfil our obligations to you under the Privacy Act 1988 (Act) and the National Privacy Principles that form part of the Act. By using our website (guiltychocolates.com.au/), services or mobile apps, you are agreeing to our collection and use of your personal data as described in this Privacy Policy. We confirm that if you provide us with your personal data, we will make the following commitments to you:

  1. We will not spam you; and

  2. We will not share your data unless in circumstances where we have described it in this Privacy Policy, or where we have told you in advance, or where you have given us permission, or where we have aggregated the data and removed any information that would identify you.

COLLECTION

When you are using the Guilty Chocolates website, services or mobile apps (if available), we may collect personal and sensitive information about you. We collect information and store that information as an image and/or as text to provide you with a better service. Our collection of information will be fair and not intrusive, and we will only collect information that is necessary for the purpose that it is being collected and purposes as are notified to you. Additionally, we will ensure that we:

  1. identify ourselves;

  2. explain why we are collecting the information;

  3. tell you whether and how you can access the information;

  4. tell you who we may share the information with; and

  5. inform you of the consequences if you do not provide all or part of the information we request.

Sometimes we may collect information about you from third parties. In these circumstances, we will take reasonable steps to ensure that you are aware of (a) to (e) above.

As part of our service, we may collect the following information from you:

  1. name, address, contact details and email address;

  2. the payment card information you use to purchase any of Guilty Chocolates services or product offerings or those of its affiliates;

  3. any descriptions, notes or tags that you add to Guilty Chocolates website that you submit or post; and

  4. any other information or data submitted by you in connection with Guilty Chocolates services or product offerings, or in connection with any requests made by you.

 

COLLECTION PURPOSES

We collect this information because it is required in order for us to provide you with our services. If you do not want this data collected, you can stop using our website, applications, services and products at any time and if applicable delete your account or cancel your subscription (subject to any applicable terms and conditions).

In addition, we may also collect Cookies data, Analytics, Tags, and Site Management Data.

We use cookies to collect data about your visit and to allow you to navigate from page to page without having to re-register each time. You can refuse cookies by using the appropriate setting on your browser, however, if you do so you may not be able to access portions of our website. The information we store in cookies shall not be linked to any personally identifiable information you submit while on our website, however may also use this data to tailor advertisements to you. The use of cookies by our partners, affiliates, and service providers is not covered by our privacy statement. We do not have access or control over these cookies. Our partners, affiliates, and service providers use session ID cookies to collect data about your visit and to tailor and deliver advertising messages to you.

When you visit our website, we use action tags (also called pixel tags, clear GIF, or beacons) to identify some of our pages that you visit and how you use those pages and the information and data appearing on them, including details of the pages that you visit and how you use the content on those pages. Action tags may collect and transmit this data in a manner that identifies you personally if you have registered with our website, or are logged into our website. We also use tags in our emails, to determine whether an email was opened or whether it was forwarded.

Please also note that data that we collect about the use of our website will be aggregated for administering, protecting and improving our website and our systems, to compile aggregated statistics about our website usage, to better understand the preferences of visitors and optimise the content of our site and apps, to identify server problems and issues, for our marketing and research purposes.

When you visit our website, we may use third party analysis tools to collect data about your computer and Internet connection, including the IP address of your computer and/or Internet service provider, your browser, information concerning the access of our website the Internet address of websites from which you link to our website and from which you came before landing on our website. This information is used internally for the purpose of understanding how our website is used by visitors and subscribers, and for our continuous improvement purposes.

USE AND DISCLOSURE

We may use or disclose the information that we collect about you for a secondary purpose. These circumstances include:

  1. where the secondary purpose of collection is related to the primary purpose, and it would be reasonable for you to expect that we use or disclose the information for the secondary purpose;

  2. you have consented or assented to the use or disclosure;

  3. the information is not sensitive, the secondary purpose is direct marketing and you have not requested that we do not send you direct marketing communications.;

  4. we give you the opportunity to decline future direct marketing communications at no cost to you; and

  5. it is impractical for us to seek your consent before the use;

  6. we reasonably believe that the use and/or disclosure is necessary to lessen or prevent a serious and imminent threat to a person’s life or health;

  7. we reasonably suspect that unlawful activity has been, is being or may be engaged in, and our use and/ or disclosure of the information is necessary for our investigation of the matter or the reporting of it to relevant authorities;

  8. we are required or specifically authorised by law; 

  9. it may be required by our legal representative/s; or

  10. it is reasonably necessary for the enforcement of a criminal law, a law imposing a pecuniary penalty, or for the protection of the public revenue.

As part of providing you with our service and product offerings, we may have written agreements with third parties pursuant to which we are able to offer you additional functionality as part of our service. Because the additional services provided by these parties form part of our service, you may not opt-out of receiving them. If you do not wish to receive these additional services, you would need to stop using our service and our mobile apps and cancel your subscription or delete your account. Our written agreements with these parties require that they protect the confidentiality and security of your data, and to use your data only on our behalf and only in the way we permit in the written agreement.
This section will be updated from time to time to reflect the parties with whom we have these relationships. Please note that we may make changes, replace or discontinue (temporarily or permanently) these services at any time for any reason with or without notice.

DATA QUALITY

We will take reasonable steps to ensure that personal information we hold about you is accurate, complete and up to date when collected and used.

DATA SECURITY

We will take reasonable steps to ensure that personal information we have collected about you is kept safe from misuse, loss and unauthorised access. We will destroy or permanently de-identify personal information about you that we have collected and which is no longer needed for the purposes that it may legally be used or disclosed.

OPPENNESS

This policy has been prepared to inform you of Guilty Chocolates management of personal information.
Upon request, we will take reasonable steps to let you know what personal information we hold about you, for what purposes we hold it, how we collect it, how we hold it, and how we use or disclose it.

Guilty Chocolates is primarily hosted in Australia. From time to time we may engage a recipient to provide services to us, such as cloud-based storage solutions.

ACCESS & CORRECTION

We will provide access and the information we hold about you upon request except in circumstances where:

  1. providing access would be unlawful; or

  2. providing access would pose a serious and imminent threat to the life or health of any individual; or

  3. providing access would have an unreasonable impact upon the privacy of other individuals; or

  4. the information relates to existing or anticipated legal proceedings between us and yourself, and the information would not be accessible by the process of discovery in those proceedings; or

  5. providing access would reveal our intentions in relation to negotiations with you in such a way as to prejudice those negotiations; or

  6. denying access is required or authorised by or under law; or

  7. providing access would be likely to prejudice an investigation of possible unlawful activity; or

  8. providing access would be likely to prejudice:

    1. the prevention, detection, investigation, prosecution or punishment of criminal offences, breaches of a law imposing a penalty or sanction or breaches of a prescribed law; or

    2. the enforcement of laws relating to the confiscation of the proceeds of crime; or

    3. the protection of the public revenue; or

    4. the prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct; or

    5. the preparation for, or conduct of, proceedings before any court or tribunal, or implementation of its orders by or on behalf of an enforcement body; or

    6. an enforcement body performing a lawful security function asks the organisation not to provide access to the information on the basis that providing access would be likely to cause damage to the security of Australia.

Where providing access would reveal evaluative information generated within Guilty Chocolates in connection with a commercially sensitive decision-making process, we may give you an explanation for the commercially sensitive decision rather than direct access to the information.

Wherever the provision of direct access is impractical or inappropriate, and you should consider whether the use of mutually agreed intermediaries would allow sufficient access to meet the needs of both parties.

If we levy charges for providing access to personal information, those charges will not be excessive and will not apply to lodging a request for access.

If we hold personal information about you and you are able to establish that the information is not accurate, complete and up to date, we will take reasonable steps to correct the information so that it is accurate, complete and up to date.’

If you and Guilty Chocolates disagree about whether the information is accurate, complete and up to date, and you ask us to associate with the information a statement claiming that the information is not accurate, complete or up to date, we will take reasonable steps to do so.

We will provide reasons for denial of access or correction.

MARKETING

We may use your personal information that we have collected to promote and market products and services to you, including through methods such as email and SMS. We will not use your personal information for marketing purposes where you have opted out of receiving such communications.

When we send you marketing communications, we will provide you with a way to opt-out from receiving further marketing information.

Please note that when you create an account, proceed to the payment stage of the checkout or complete a purchase with us, your details will be added to our marketing database to receive information relating to Guilty Chocolates and our products including information regarding items that remain in your shopping cart or stored in your Wish List.

When you access the Guilty Chocolates website via a special invitation from Guilty Chocolates or a third-party enticement or inducement for the purpose of redeeming an exclusive offer, we require that you authenticate your entitlement or affiliation and verify your identity by creating an account. This may occur automatically with some Guilty Chocolates and third-party authentication applications.

You may also choose to receive marketing information by subscribing to our marketing database via our website. To opt-out of receiving Guilty Chocolates marketing materials from our marketing database, you will need to unsubscribe from our database. To do this, simply select the “unsubscribe” option in one of the emails that you receive from us. Please note that if you have an account with Guilty Chocolates, we may still need to send you essential information about your account.

Transborder data flows

We will not transfer personal data outside Australia unless:

  1. we reasonably believe that the recipient of the information is subject to a statute, binding scheme or contract which effectively upholds principles for fair information handling that are substantially similar to these rules; or

  2. you consent to the transfer; or

  1. the transfer is necessary for the performance of a contract between you and Guilty Chocolates, or for the implementation of pre-contractual measures taken in respect to your request; or

  2. transfer is necessary for the conclusion or performance of a contract concluded in your interest between Guilty Chocolates and a third party; or

  3. the transfer is for your benefit and, whilst it is not practicable to obtain your consent to that transfer, you would likely give consent if it were practicable; or

  4. we have taken reasonable steps to ensure that the information which we have transferred will not be collected, held, used or disclosed by the recipient of the information inconsistently with these rules.

If personal information is disclosed overseas, the countries to which information may be disclosed include but is not limited to: The United States of America and UK.

Sensitive Information

We will not collect personal information about you which reveals racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, or details of health, disability or sexual activity or orientation unless:

  1. you have consented; or

  2. the collection is required or specifically authorised by law; or

  3. the collection is necessary to prevent or lessen a serious and imminent threat to the life or health of any individual, where the subject of the information is physically or legally incapable of giving consent; or

  4. the collection is necessary for the establishment, exercise or defence of a legal claim.

Contact Details

If you would like to contact us in respect of the information contained in this Privacy Policy including accessing or correcting your personal information held by us or submitting a privacy complaint, then please email: sales@guiltychocolates.com.au