Privacy Policy

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Purpose

This Privacy Policy applies to KNOBBY Pty Ltd ACN 642 010 062 (‘KNOBBY‘).

KNOBBY is committed to complying with the Australian Privacy Principles as contained in the Privacy Act 1988 (Cth).

This Privacy Policy is intended to provide a clear and concise summary of KNOBBYy’s approach to the handling of personal information in accordance with the Australian Privacy Principles.

Our Privacy Policy appears on our website and we will also provide a copy of our current Privacy Policy to anyone who makes a request, free of charge.

Consent

By using this website or ordering any products from KNOBBY, you will be deemed to have consented to KNOBBY handling your data in accordance with this Privacy Policy.

What is personal information?

Under the Privacy Act 1988 (Cth) personal information is defined to mean 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.

Personal information can include sensitive information. Sensitive information is defined as information or an opinion about a person’s race, ethnic origin, political opinions, membership of political associations and trade associations, religious or philosophical beliefs, sexual orientation or practices, criminal record, health information, genetic information about an individual that is not otherwise health information, biometric information that is used for the purpose of automated biometric verification or biometric identification and biometric templates.

Personal information that we collect and hold

KNOBBY collects, holds and uses personal information in order to provide and improve its products and services. If we do not collect personal information, or the information provided is incomplete or inaccurate, we may not be able to deliver products or provide our services, or our services may be compromised.

We generally collect personal information in the following ways:

information that you give to us (for example through our website, via email or via telephone);
information that we get from your use of our website;
information we receive from third party service providers, for example our payment gateway service provider;
publicly available sources;
using cookies and similar technologies.

The types of personal information that we can collect and hold include:

name;
contact details including address, email address and telephone number;
order information including details of all products purchased;
payment details to complete payment which may include details of credit card, debit card or any other method of payment;
information from third party services to enable KNOBBY to monitor and analyse web-traffic and can be used to keep track of website user behaviour.

Website

If you visit our website, we may collect the following information:

internet service provider;
domain name
server or IP address;
date and time of visit;
length of session;
pages visited;
documents downloaded;
the website that referred you to our website;
the type of browser that you are using;
if you have visited our website before.

For more information on our use cookies, please visit our Cookie Policy.

Disclosure of your personal information

KNOBBY never sells any personal information.

KNOBBY may disclose your personal information to:

our related entities and associates including KNOBBY IP Pty Ltd as trustee for the KNOBBY IP Trust;
personnel involved with the operation of this website including administration, sales, marketing and system administration.
lawyers and other professional advisers;
our service providers and contractors including mail carriers, hosting providers, IT companies and communications agencies;
our agents, associates and business partners;
any entity to which we are required or authorised by or under law to disclose such information.

Use of your personal information

KNOBBY uses personal information for the purpose of selling its products online including payment and delivery.

Personal information is also used for the following purposes and services:

marketing and advertising;
contacting you;
displaying content from external platforms;
heat mapping and session recording;
interaction with external social networks and platforms;
managing support and contact requests;
analytics;
content commenting;
hosting and back end infrastructure;
managing contacts and sending messages;
remarketing and behavioural targeting.

Marketing and advertising

KNOBBY will never use or disclose any sensitive information for marketing or advertising purposes.

We may use and disclose your personal information (other than sensitive information) to provide you with information about products or services offered by KNOBBY or other companies or entities.

If at any time you do not wish to receive marketing emails from us or you do not want your personal information disclosed for marketing purposes, please contact our Privacy Officer and we will remove your details from our marketing database.

Data Integrity

KNOBBY endeavours to ensure that all personal information that it holds is accurate, complete and up-to-date. To assist us with this, individuals should contact us if any of their personal information changes, or if they believe that the personal information we have is not accurate or complete.

When personal information that we collect is no longer required by KNOBBY, we will destroy or de-identify that personal information unless we are required by law or a court/tribunal to retain the personal information.

We may retain personal information for so long as it is required for any of our business purposes, for the prevention of fraud, for insurance and governance purposes and in our IT back-up.

Security

While we will take reasonable steps to protect the personal information that we hold from misuse, loss, unauthorised access, modification or disclosure, you should be aware that no system is completely secure against cyber attack.

In addition, the open nature of the internet is such that information exchanged via the internet may be accessed and used by people other than those for whom the data is intended. Any information sent via the internet is sent at the sender’s risk.

You should contact us immediately if you believe that there has been unauthorised access or disclosure with respect to any personal information that we hold about you.

Disclosure Overseas

KNOBBY is unlikely to disclose your personal information overseas to persons other than technical service providers, mail carriers, hosting providers, IT companies, communication agencies and manufacturers, however if we do so, it will be in accordance with the Australian Privacy Principles.

We ship products, and accordingly use mail carriers, worldwide. Other third party services providers to whom we are likely to disclose personal information overseas are located in the United States of America, Malta [and other countries if applicable]. Our payment system is based in the United States of America.

You consent to any disclosure of your personal information by KNOBBY overseas on the understanding that if the overseas recipient handles the personal information in breach of the Australian Privacy Principles, the entity will not be accountable under the Privacy Act 1988 (Cth), and you will not be able to seek redress under the Privacy Act 1988 (Cth). The overseas recipient may not be subject to privacy obligations or to any principles similar to the Australian Privacy Principles. Individuals may not be able to seek redress in some overseas jurisdictions, and overseas recipients may be subject to a foreign law that could compel the disclosure of personal information to a third party, such as an overseas authority.

De-identified data

You consent to KNOBBY using and disclosing your de-identified data (data that no longer identifies you) for any purpose, including without limitation research, statistical analysis, product development, marketing and business planning and any other commercial purpose. We undertake technical measures to make sure that this data cannot be associated back to you.

Government related identifiers

KNOBBY does not use any government-related identifiers, such as driver’s licence or passport numbers, as its own internal identifier of any individual. KNOBBY will not use or disclose any government-related identifiers other than in accordance with the Privacy Act 1988 (Cth).

Access and correction

Individuals can request access to their personal information held by KNOBBY by sending a written request to our Privacy Officer.

KNOBBY does not impose a charge for making a request for access, however we may charge for reasonable administrative costs incurred in providing access.

You can ask our Privacy Officer to request or update your personal information. KNOBBY does not impose any charge with respect to requests for correction or updates.

Before providing access to personal information, or correcting or updating personal information, KNOBBY will require your identity to be confirmed.

Requests for access or correction may be refused upon the grounds contained in the Privacy Act 1988 (Cth). If we refuse to provide access, or to correct or update personal information, KNOBBY will provide you with reasons for the refusal. If we refuse to correct your personal information you have the right to associate with the information a statement that the information is inaccurate, out-of-date, incomplete, irrelevant or misleading. We will take such steps as are reasonable in the circumstances to associate that statement with all records we hold that contain the relevant information.

Complaints

Privacy related complaints should be directed to our Privacy Officer in writing at the address below.

We will do our best to ensure that our investigation is completed, and a decision about your complaint is communicated to you, within 30 days of our being advised of the complaint. We will inform you if we need more time.

If you are dissatisfied with KNOBBY’s response, you can take your complaint to the Office of the Australian Information Commissioner:

Post GPO Box 5218
Sydney NSW 2001

Fax +61 2 9284 9666

Email enquiries@oaic.gov.au

KNOBBY’s Privacy Officer

KNOBBY’s Privacy Officer’s contact details are:

Email: support@knobby.com.au

Address: PO Box 1585
Mooloolaba QLD 4557
Australia

Effect of this Privacy Policy

This Privacy Policy does not create any rights or obligations that you can legally enforce beyond the rights and obligations provided by the Australian Privacy Principles.

Changes to this Privacy Policy

This policy may be amended from time to time. We will publish any updated versions of this policy on our website at www.knobby.com. By continuing to use our website, order any product or use any KNOBBY service, you will be deemed to have consented to any amended versions of this policy that are published on our website.

Last updated 7 July 2020

8. REFUNDS AND RETURNS POLICY

(a) We will not accept returns of Products, provide a refund, or exchange Products if you simply change your mind after ordering Products.

(b) Subject to clauses 8(d) and 8(e), we exclude all liability for any direct loss, indirect loss, Consequential Loss or damage however caused (including through negligence) which you may incur with respect to any Product.

(c) Except for losses attributable to breaches of the consumer guarantees in the Australian Consumer Law, to the extent permitted by law, any condition or warranty which could otherwise be implied in connection with the Products is excluded.

(d) If the Australian Consumer Law or any other law implies a guarantee, condition or warranty into these Terms for Supply which cannot be excluded by law, our liability for any breach of such guarantee, condition or warranty will be, to the maximum extent permitted, either limited to the replacement or supply of equivalent goods, or the payment of the cost of having the goods re-supplied.

(e) Nothing in these Terms for Supply excludes any liability under the Australian Consumer Law, or any other applicable consumer law, that cannot be excluded by law.

9. EVENTS OUTSIDE OUR CONTROL

(a) We will not be liable or responsible for any failure to perform, or delay in our performance, of any of our obligations under these Terms for Supply that is caused by an Event Outside Our Control.

(b) If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms for Supply we will contact you as soon as reasonably possible to notify you and our obligations under these Terms for Supply will be suspended for the duration of the Event Outside Our Control.

10. PRIVACY

You agree that we may use and disclose your personal information in accordance with our Privacy Policy.

11. INDEMNITY

You must continually indemnify us and our Associates, jointly and severally, against any claim or proceeding that is made, threatened or commenced and against any liability, loss, damage or expense (including legal costs on a full indemnity basis) suffered or incurred as a direct or indirect result of your breach of these Terms for Supply or any wilful, unlawful or negligent act or omission by you.

12. DISPUTE RESOLUTION

(a) You agree that you will use reasonable endeavours and act in good faith to try and resolve any dispute that you have with us about the Products or these Terms for Supply (“Dispute”) in accordance with this clause.

(b) If a party wishes to raise any Dispute with the other party, it must give the other party written notice describing the Dispute and detailing the resolution required. The parties must then communicate and attempt to resolve the Dispute.

(c) If the Dispute is not resolved within 21 days after the notice of Dispute, either party may give notice to the other party that the Dispute must be referred to mediation by a Queensland Law Society approved mediator who is agreed by the parties, or failing agreement, appointed by the President of the Queensland Law Society on the application of either party, on the terms of the standard mediation agreement approved by the Queensland Law Society. Any mediation will take place in Brisbane, Queensland, Australia.

(d) If the Dispute is not resolved within 30 days from the date that it is referred to mediation, either party may commence legal proceedings in any court of competent jurisdiction.

(e) Except where urgent injunctive relief is being sought, neither party may commence proceedings in any court seeking resolution of a Dispute until the provisions of this clause have been complied with.

13. QUESTIONS, COMPLAINTS AND NOTICES

(a) If you have any questions or complaints, please email us at support@knobby.com.au.

(b) If you are required to provide us with notice under these Terms for Supply, you can email it to us at the above email address.

14. GENERAL

(a) These Terms for Supply are governed by the laws of Queensland, Australia. You agree to submit to the exclusive jurisdiction of the courts of Queensland, Australia.

(b) Any provision in these Terms for Supply that is illegal, void or unenforceable in a jurisdiction will as to that jurisdiction, be ineffective to the extent of the illegality, voidability or unenforceability, without invalidating the remaining provisions of these Terms for Supply or affecting the validity or enforceability of that provision in another jurisdiction.

(c) If we waive any rights we have under these Terms for Supply as a result of your breach, it will not operate as a waiver of any future breaches.

Last updated 7 July 2020