Last Revised 28 May 2017
The Cheeky Project Perth Pty Ltd ('The Cheeky Project') t/as Cheeky Cacao, ABN 59 615 939 949 (“we”, “us” or “our”) distributes content through www.thecheekyproject.com.au (“Website”) and through the Website, Online Store, Social Media Channels and through MailChimp (“Newsletters”).
Providing the system and services that The Cheeky Project offers;
the Distribution of content through our Website or Newsletters; and
The normal day-to-day operations of our business.
We handle Personal Information in our own right and also for and on behalf of our customers and users.
If, at any time, an individual provides Personal Information or other information about someone other than himself or herself, the individual warrants that they have that person's consent to provide such information for the purpose specified.
Our website and services are available to the general public.
If a minor is accessing our Website, it is presumed that they have gained a parental or guardian’s consent.
In the course of everyday business, it is necessary for us to collect Personal Information.
This information allows us to identify who an individual is for the purposes of our business, share Personal Information when asked of us, contact the individual in the ordinary course of business and transact with the individual. Without limitation, the type of information we may collect is:
Personal Information. We collect personal details such as an individual’s name, age, gender, location, postcode, and other information defined as “Personal Information” in the Privacy Act;
Contact Information. We may collect further information such as an individual’s telephone number, email address, and delivery and billing address.
Financial Information. We may collect financial information related to an individual such as credit card details used to transact with us and other information that allows us to transact with the individual and/or provide them with our services;
Statistical Information. We may collect information about an individual’s online and offline preferences, habits, movements, trends, decisions, purchases and other information for statistical purposes; and
We may also collect non-Personal Information about an individual such as information regarding their computer, network and browser. This may include their IP address. Where non-Personal Information is collected the Australian Privacy Principles do not apply.
How Much Information is Collected
Information will be collected when:
an individual subscribes to The Cheeky Project via MailChimp;
an individual contacts or engages with The Cheeky Project via email or social media or The Cheeky Project’s blog, or through the Website's contact form either for services or enquiries.
an individual liaises with a representative with The Cheeky Project through the phone.
However we may also receive Personal Information from sources such as advertising, public records, and mailing lists.
Where we obtain Personal Information without an individual’s knowledge (such as by accidental acquisition from a client) we will either delete/destroy the information, or inform the individual that we hold such information, in accordance with the Australian Privacy Principles.
When Personal Information is Disclosed
It may be necessary for us to disclose an individual’s Personal Information to third parties in a manner compliant with the Australian Privacy Principles in the course of our business.
Information is used to enable us to operate our business, especially as it relates to an individual. This may include:
The provision of goods and services between an individual and us;
Verifying an individual’s identity;
Communicating with an individual about:
Their relationship with us;
Our own marketing and promotions to customers and prospects; and
Competitions, surveys and questionnaires.
Investigating any complaints about or made by an individual, or if we have reason to suspect that an individual is in breach of any of our terms and conditions or that an individual is or has been otherwise engaged in any unlawful activity; and/or
As required or permitted by any law (including the Privacy Act); and
in tailoring the experience of the Website and Communication to our Users.
There are some circumstances in which we must disclose an individual’s information:
Where we reasonably believe that an individual may be engaged in fraudulent, deceptive or unlawful activity that a governmental authority should be made aware of;
As required by any law (including the Privacy Act);
For the purposes of collecting statistical information (which may or may not be used by third parties); and/or
In order to sell our business (in that we may need to transfer Personal Information to a new owner).
The Safety and Security of Personal Information
We will take all reasonable precautions to protect an individual’s Personal Information from unauthorised access.
The User agrees that the security of online transactions and the security of communications sent by electronic means or by post cannot be guaranteed. Each individual that provides information to us via the internet or by post does so at their own risk. The Cheeky Project cannot accept responsibility for misuse or loss of, or unauthorised access to, Personal Information where the security of information is not within our control.
If an individual suspects any misuse or loss of, or unauthorised access to, their Personal Information, they should let us know immediately.
We are not liable for any loss, damage or claim arising out of another person’s use of the Personal Information where we were authorised to provide that person with the Personal Information.
How to Access and/or Update Information
Should Users wish to unsubscribe from The Cheeky Project’s newsletter, they are able to do so via email.
Subject to the Australian Privacy Principles, an individual has the right to request from us the Personal Information that we have about them, and we have an obligation to provide them with such information within 28 days of receiving their written request.
If an individual cannot update his or her own information, we will correct any errors in the Personal Information we hold about an individual within 7 days of receiving written notice from them about those errors.
It is an individual’s responsibility to provide us with accurate and truthful Personal Information. We cannot be liable for any information that is provided to us that is incorrect.
We may charge an individual a reasonable fee for our costs incurred in meeting any of their requests to disclose the Personal Information we hold about them.
Complaints and Disputes
If an individual has a complaint about our handling of their Personal Information, they should address their complaint in writing to us via email: firstname.lastname@example.org.
If The Cheeky Project have a dispute regarding an individual’s Personal Information, we both must first attempt to resolve the issue directly between us.
If The Cheeky Project becomes aware of any unauthorised access to an individual’s Personal Information we will inform them at the earliest practical opportunity once we have established what was accessed and how it was accessed.
From time to time, The Cheeky Project may send an individual important notices, such as changes to our terms, conditions and policies. Because this information is important to the individual’s interaction with us, they may not opt out of receiving these communications.
Additions to this Policy