Customer Care, Returns and Privacy
Return Policy
We endeavour to make your Glowpear Pty Ltd (“Glowpear”) experience a positive one and deliver the best possible service to our customers. To be eligible for a return, your item must be unused, in the original packaging, and in a resellable condition. To arrange a return please email info@glowpear.com.au with your original order number and reason for the return. We will email you a return number along with details of where to send the returned item. Glowpear will not cover the cost of return shipping.
In most cases, you may return any unopened, unused items within 30 days of receipt, and we will promptly give you a refund, less shipping and handling. Items returned after 30 days may not qualify for a refund, or may incur an extra restocking fee.
Once your returned item is received and inspected, we will send you an email to notify you that we have received your returned item. If the item is in an acceptable condition a credit will be applied to your original method of payment. Please note that the refund can take up to two weeks to appear on your statement.
Shipping costs (including all standard shipping costs incorporated into our pricing) are non-refundable. When returning an item, you should consider using a trackable shipping service or purchasing shipping insurance. We can't guarantee that we will receive your returned item and cannot refund returned orders which we don't receive.
Warranty
Glowpear’s warranty obligations for the product you have just purchased (the "Product") are limited to the terms set forth in these terms and conditions.
Glowpear warrants the Product against defects in materials and workmanship for a period of one (1) year from the date of original purchase ("Warranty Period") when the Product is purchased from glowpear.com.au or through an authorised reseller. If a defect arises and a valid claim is received by Glowpear within the Warranty Period, at its option, Glowpear will repair the Product or exchange the Product with a functionally equivalent new product. Glowpear warrants repaired Products and replacement products provided hereunder against defects in materials and workmanship from the date of the repair or replacement for ninety (90) days or, if longer, for the remainder of the Warranty Period. If the Product is exchanged, the replacement product becomes your property and the returned Product becomes Glowpear property. When a refund is given, the Product becomes Glowpear property.
Exclusions and Limitations
Glowpear’s limited warranty applies only to the Product when purchased from glowpear.com.au or through an authorised reseller. The warranty does not apply to any non-Glowpear product, even if packaged or sold with the Product. This warranty applies only to the normal use of the Product, normal wear and tear excepted, in accordance with written use instructions, if any, provided with the Product (either in writing or through a hyperlink to such instructions). This warranty does not apply to damage caused by accident, abuse, misuse, or modification of the Product and the benefit of this warranty is not assignable without the prior written consent of Glowpear.
No Other Warranties
To the maximum extent permitted by law, this warranty and the remedies set forth above are exclusive and in lieu of all other warranties, remedies and conditions, whether oral or written, express or implied at law (whether by statute, common law, equity or otherwise) which are (to the extent permitted by law) expressly excluded by Glowpear. Glowpear specifically disclaims any and all implied warranties, including, without limitation, warranties of merchantability and fitness for a particular purpose. If Glowpear cannot lawfully disclaim or exclude implied warranties under applicable law, then to the extent possible any claims under such implied warranties shall expire on expiration of the warranty period. No Glowpear reseller, agent, or employee is authorised to make any modification, extension, or addition to this warranty.
Damages Limitation
Notwithstanding anything contained in these Terms and Conditions, to the maximum extent permitted by law, Glowpear is not responsible for any direct, special, incidental or consequential damages resulting from any breach of warranty or condition, or under any other legal theory (including by way of illustration and not limitation, loss of profits, income or product).
Consumer Protection
For rights that cannot be excluded or limited under the Competition and Consumer Act 2010 and other consumer protection laws ("Consumer Laws"), the benefits conferred by this warranty are in addition to all rights and remedies conveyed by such Consumer Laws. To the extent that liability under such Consumer Laws may be limited, Glowpear’s liability is limited, at Glowpear’s election and in Glowpear’s absolute discretion, either to:
(a) replacement of the Product, supply of an equivalent product or repair of the Product to the extent of the defect; or
(b) payment of the cost of replacing the Product, acquiring an equivalent product or having the Product repaired to the extent of the defect.
Obtaining Warranty Service
If you wish to make a claim under this warranty with respect to the Product, please submit a claim to info@glowpear.com.au.
Date Modified: 28 October 2017
Terms and conditions for the sale of goods on the Glowpear website.
These Terms and Conditions form a contract between the customer (you) and Glowpear Pty Ltd ACN 163 480 233 and apply to the ordering, purchase, fulfilment and delivery of goods from glowpear.com.au.
Please read these Terms and Conditions carefully before placing your Order with Glowpear as these Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of goods, including limitations of liability.
If you do not understand these Terms and Conditions or if you have any questions, please contact our Customer Service Centre at info@glowpear.com.au and a representative will be happy to assist you.
1. DEFINITIONS
The following definitions are used in these Terms and Conditions.
Business Day means a week day in which trading banks are open for the transaction of banking business in Melbourne, Australia.
Delivery Address means the address to which the Goods are to be delivered as stated on the electronic Order form on the Website.
Delivery Agent means any nominated third party delivery or shipping company for Glowpear.
Delivery Fee means the fees charged by the Delivery Agent of Glowpear for the delivery of Goods.
Gift Cards means an electronic gift card issued through this Website through the acquisition of which you or a recipient may make non-cash payments for goods from this Website.
GST in relation to orders for delivery in Australia, has the meaning provided by A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Law means any written rule or collection of rules, including, but not limited to any statute, regulation, order or rule, any government ordinance or by-law, any governmental agency's rule, regulation or determination, and any form of custom or policy recognised and enforced by judicial decision.
Order means a request by you to purchase Goods from Glowpear in accordance with these Terms and Conditions.
Personal Information has the meaning as defined under the Privacy Act 1988 (Cth).
Price means the purchase price of each Good as specified on the Website in Australian dollars (for the avoidance of doubt the specified price includes GST).
Privacy Policy means the Glowpear Privacy Policy found below.
Returns Policy means the Glowpear Returns Policy found below.
Tax means any goods and services tax, value added tax, or other taxes, import fees, duties, tariffs, or other imposts or charges which may be payable in relation to your order.
Terms and Conditions means these terms and conditions, as amended from time to time.
Website means www.glowpear.com.au.
We or Us or Our or Glowpear means Glowpear Pty Ltd, ACN 163 480 233.
You or Your means you as the purchaser of Goods from Glowpear pursuant to these Terms and Conditions.
2. COMPLIANCE WITH TERMS AND CONDITIONS
2.1 You agree to be bound by these Terms and Conditions when you submit an Order.
2.2 Each Order you submit will be a separate and binding agreement between you and Glowpear with respect to the supply of Goods, in accordance with these Terms and Conditions
3. PLACING ORDERS FOR GOODS
3.1 You may place an Order through the Website by submitting the electronic Order form on the Website.
3.2 An Order submitted by you on the Website in the manner described on the Website is an offer by you to purchase Goods for the Price (plus any Delivery Fee and, for the avoidance of doubt, for deliveries to Australia, GST) as specified at the time you submit your Order. That offer cannot be withdrawn by you without our prior consent.
3.3 You acknowledge that all Orders through the Website are with respect to Goods intended for personal and domestic use only and non-commercial use, and quantity restrictions may apply as set out on the Website from time to time.
3.4 In completing the electronic Order form, you agree to provide complete and accurate information as to your personal details (or those of your nominated recipient for gifts) to enable the processing and delivery of your Order. This information will also be used by the Delivery Agent to fulfil your Order. Glowpear will not be liable to you for your loss or that of any third party for a delay or failure to process, fulfil or deliver Goods to you (or your nominated recipient) due to inaccurate or incomplete personal details provided in respect of an Order by you. Without limitation, if you provide inaccurate shipping details in an Order, Glowpear is under no obligation to resend your Order if it is shipped to the address provided in the Order and not subsequently returned to Glowpear. You agree to obtain consent from the recipient of a gift when providing their personal details to Glowpear.
3.5 You may Order from Glowpear if you are aged 18 years or over, have an active email account and a telephone number at which you can be easily contacted.
3.6 You must check your Order carefully prior to submitting your Order with us. Once you submit your Order, cancellations of your Order or changes to the Goods in your Order may only be made by agreement unless otherwise required by law. However, we will allow you to return Goods in accordance with the Returns Policy.
3.7 Where you place consecutive or separate Orders for Goods, we cannot consolidate the Orders into one. A separate Delivery Fee will apply to each Order in accordance with clause 7. Subject to clause 3.3, you can order as many Goods as you would like in an Order.
3.8 You will be provided with an automatic Order number upon submission of your Order to the Website. The Order number is required when contacting our Customer Service Centre.
4. ACCEPTANCE AND REJECTION OF ORDERS
4.1 Glowpear reserves the right to accept or reject your Order for any reason at any time. Without limitation, some of our products may not be available for delivery to certain locations. Glowpear retains the right to determine what it can and cannot deliver to any particular location.
4.2 When we accept an Order, it represents an agreement by Glowpear to supply you the Goods in accordance with the Order and these Terms and Conditions.
4.3 In the event that we reject an Order under clause 4.1, we will notify you of that rejection and the reason for rejection via email within ten (10) Business Days after the placement of the Order. Glowpear will not be liable to you for your loss or that of any third party for the rejection of an Order.
4.4 Where we reject an Order and your payment for the Goods has already been processed, we will refund any money paid to us in respect of that Order and make reasonable endeavours to process the refund within ten (10) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Glowpear is not liable with respect to any loss, damage, cost, expense or injury you or any third party incur as a result of any delay in processing your refund.
4.5 If we are unable to contact you in relation to your Order under these Terms and Conditions using the contact details you provide during the Order process after having made reasonable attempts to contact you, we will reject the Order in accordance with this clause
5. AVAILABILITY OF GOODS
5.1 You acknowledge and agree that from time to time, some Goods on the Website may be out of stock or unavailable and we may not be able to fulfil all or part of your Order. If this occurs, Glowpear will contact you within ten (10) Business Days to arrange a full or partial refund. We will use reasonable endeavours to process the refund within ten (10) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Glowpear is not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund.
5.2 We reserve the right to withdraw or suspend any Good displayed on the Website from sale either temporarily or permanently at any time without notice to you. Glowpear will not be liable to you for any loss you or any third party suffer as a result of a withdrawal or suspension of availability with respect to a particular Good.
5.3 Where your Order is affected by an error on the Website (for example, in relation to a description of Goods, an image, Price or otherwise), we may reject the part of the Order that is the subject of the error in accordance with clause 4. If applicable, Glowpear will proceed to fulfil the remainder of your Order in accordance with these Terms and Conditions. If you are not satisfied with the partial fulfilment of your Order, you can return your entire Order to us as an order that has been incorrectly delivered in accordance with the Returns Policy.
5.4 You acknowledge and agree that:
a) all pictures and images of Goods displayed on the Website are for illustration purposes only, and the sizes and dimensions of Goods may differ slightly in real life;
b) you have read any corresponding written description of the Goods prior to submitting your Order;
c) the colour of Goods as shown on the Website may vary slightly in shade in real life; and
d) any accessory featured with the Goods is for illustration purposes only.
6. PRICE AND PAYMENT
6.1 The Price in respect of a Good is specified on the Website.
6.2 Prices are displayed in Australian Dollars and inclusive of GST.
6.3 Glowpear reserves the right to change or alter Prices of Goods on the Website without notice to you, unless you have already submitted an Order at a stipulated Price, in which case there will be no change or alteration in the Price (provided your Order is not affected by an obvious pricing error, in which case the procedure in clause 5.3 will apply).
6.4 In respect of any Order, we will charge you and you agree to pay:
a) the Price (which is the Price at the time the Order is submitted in Australian Dollars); and
{b) the Delivery Fee (if any).
6.5 You can pay for your Goods by any of the methods specified on the electronic Order form on the Website from time to time. When paying by credit card, you authorise Glowpear to debit your nominated card at the time you submit your Order. The name on the credit card used for the payment must match the name on the Order.
6.6 You acknowledge and agree that any payment in respect of an Order must be cleared by Glowpear before Goods which are the subject of an Order are despatched. If your payment cannot be processed, your Order will be rejected in accordance with these Terms and Conditions and you will be notified of this on the Website. In relation to credit cards, you should contact your card issuer in the first instance to try to resolve any problem concerning the use of your credit card, or use an alternative payment method in order to continue with your Order.
6.7 In paying or attempting to pay for the Goods, you agree that you have not engaged in any fraudulent conduct or contravened any Law.
6.8 You will receive an invoice by email once payment in respect of your Order has been processed.
6.9 Glowpear takes reasonable precautions to secure payments. However, whilst we take all reasonable precautions, we cannot guarantee the security of any transaction.
7. DELIVERY
7.1 Glowpear uses Delivery Agents to deliver your Goods. You agree to your details including your Delivery Address being supplied to the Delivery Agent for the purpose of delivering your Goods.
7.2 You should refer to the Shipping Options section of the website for the applicable Delivery Fee for the Goods.
7.3 Indicative delivery time frames are set out in the Shipping Options section of the Website.
7.4 You acknowledge and agree that notwithstanding anything else stated on the Website:
a) Glowpear cannot guarantee that delivery will occur in the stated delivery time frames;
b) delivery time frames may change from time to time due to unforeseen circumstances; and
c) except where required by applicable law, Glowpear is not liable with respect to any loss, damage, cost, expense or injury you or any third party suffers as a result of a change in delivery times or a delay in delivery.
7.5 Delivery of Goods will take place at the Delivery Address specified by you during the Order process. You will need to submit separate Orders for Goods where you require multiple delivery destinations.
7.6 If we are unable to deliver your Goods to the Delivery Address due to the size of the package or because there are restrictions on access to the Delivery Address or it is unsafe or impractical to make delivery, a calling card will be left for you notifying you where the Goods have been delivered for collection by you. It is your responsibility to follow the instructions stated on the calling card.
7.7 Where you do not collect your Goods from the outlet specified on the calling card within the time specified time on the calling card, you must contact our Customer Service Centre using the details provided at the start of these Terms and Conditions for further information with respect to claiming your Order. If Goods are required to be redelivered, you may be required to pay any associated fees for redelivery.
7.8 Upon delivery, you must inspect your Goods and check that the Goods delivered match your Order. If there is obvious damage to the Goods due to transit, you must contact our Customer Service Centre as soon as practicable using the details provided at the start of these Terms and Conditions. If the Goods are not as ordered, you may return the Goods to us in accordance with the Returns Policy. If Goods are missing from your Order, you may call our Customer Service Centre, or return the Order in accordance with the Returns Policy. You should let us know about any defective, damaged, missing and incorrect Goods as soon as possible. Any Goods replaced under the Returns Policy due to being defective, damaged, missing or incorrect will be delivered to you free of charge.
8. RISK AND TITLE
8.1 Risk and title in the Goods passes to you on the date and time of delivery of the Goods to the Delivery Agent.
9. ORDER CANCELLATIONS AND RETURNS
9.1 Unless provided for under these Terms and Conditions, no cancellations or changes to Orders will be accepted, and the Goods will be delivered to the stated Delivery Address in accordance with these Terms and Conditions. Therefore, you should carefully check that your Order is accurate before you submit it to us. You will, however, be able to return faulty or incorrectly delivered Goods in accordance with the Returns Policy.
9.2 Goods can only be returned under these Terms and Conditions (in particular, this clause 9) and in accordance with the Returns Policy. The Returns Policy forms a part of these Terms and Conditions.
9.3 Where we reject or cancel your Order under these Terms and Conditions, we will refund the Price of the Goods to you in accordance with these Terms and Conditions. We will use reasonable endeavours to process your refund within ten (10) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Glowpear is not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund.
9.4 It is a condition of most credit card schemes that refunds be processed on the same card as the original payment was made in order to minimise the possibility of fraudulent activity on cards. Glowpear is required to comply with all card scheme rules in order to be able to accept these card types, and as such, all of your refunds will be credited to the card you nominated in your Order.
10. PROMOTIONS AND DISCOUNTS
10.1 Glowpear Website offers and promotions may only be used at the Website and do not apply to purchases at other online or retail outlets. You may receive online offers and promotions which include a promotional or coupon code (Code) for use when shopping at Glowpear. It is your responsibility to ensure that the Code is valid, and that you enter the Code at the time of making your purchase online. We cannot apply the Code retrospectively once you have submitted your Order. Terms and conditions will apply to the use of the offer or promotion. Please read these carefully to make sure you can take proper advantage of these offers. Any Code is non-transferable and, unless expressly stated, may not be used in conjunction with any other offers. Any % off stated applies to RRP of full priced items and is not available on gift cards.
11. GIFT CARDS
11. Additional terms and conditions regarding the use of Gift Cards may be set out on our Website.
11.2 Gift Cards are treated like cash. If your Gift Card or redemption code is lost or stolen it will not be re-issued and the value of the Gift Card will not be refunded. Gift Cards are not redeemable for cash. Re-issue of faulty or damaged Gift Cards is not available unless the Gift Cards are proven to be faulty or damaged as a result of the production process or otherwise due to the fault of Glowpear, its agents or contractors or a participating retailer.
11.3 Gift Cards expire twelve months from the issue date. Any unused amount after the expiry date of the Gift Card will not be refunded or credited.
11.4 Gift Cards are to be used for the purchase of Goods on www.glowpear.com.au and may not be redeemed from any other stockists of Glowpear products. A limit of AU$500 per gift card and gift cards totaling no more than AU$2,000 per Order applies.
11.5 Gift Cards may not be used to purchase other Gift Cards.
12. PRIVACY
12.1 Personal Information, such as your contact details, that you provide to us during the Order process will be kept and used by us for the purpose of processing your Order in accordance with Glowpear’s Privacy Policy below.
13. WARRANTIES YOU MAKE TO GLOWPEAR
13.1 You represent and warrant to Glowpear that:
a) all information (including Personal Information) and data provided by you to us through the Website is true, accurate, complete and up to date, and (where relevant) you have obtained the consent of your nominated recipient for gifts to provide their Personal Information to Glowpear;
b) any nominated representative receiving the Goods on your behalf at the Delivery Address is duly authorised by you to do so;
c) you are over the age of 18;
d) in placing your Order, you have read and agree to these Terms and Conditions; and
e) in placing your Order, you have complied with all applicable Laws.
14. GLOWPEAR'S LIABILITY TO YOU
14.1 Subject to any rights you have under any consumer protection law or any other Laws that cannot be excluded, we will not be liable to you or any third party for any loss, damage, cost, expense or injury (including indirect or consequential loss such as loss of revenue, profits, anticipated savings, goodwill or business opportunity, injury to your reputation) in contract, tort (including negligence), under statue or otherwise, howsoever caused including arising directly or indirectly from or in connection with any transaction (actual or contemplated) undertaken or attempted to be undertaken through our Website.
14.2 Subject to any rights you have under any consumer protection law or any other Laws that cannot be excluded, Glowpear excludes, all implied terms and warranties whether statutory or otherwise, relating to our website or the subject matter of these Terms and Conditions. You may be entitled to certain rights under consumer protection law or other Laws that cannot be excluded, including any statutory guarantees that are provided under competition and consumer legislation, including, as applicable, the Competition and Consumer Act 2010 (Cth).
14.3 Our liability to you for loss or damage of any kind arising out of these Terms and Conditions will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.
15. TERMINATION
15.1 Glowpear reserves the right to, at its discretion, terminate your access to and use of the Website:
a) for convenience, at any time, upon provision of notice to you;
b) immediately:
i. if Glowpear reasonably believes that you have breached these Terms and Conditions, and that breach is not capable of remedy; or
ii. if you have been provided with notice of the breach, and you have failed to remedy that breach within 14 days (where the breach is able to be remedied).
16. GENERAL
16.1 Glowpear reserves the right at all times to make changes to these Terms and Conditions. Any variations to these Terms and Conditions will take effect from posting on the Website. The Terms and Conditions which apply at the time of Order are those that govern your relationship with Glowpear with respect to that Order.
16.2 Glowpear may give notice to you by electronic mail. You may give notice to Glowpear by email to our Customer Service Centre at info@glowpear.com.au.
16.3 Any provision of these Terms and Conditions that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms and Conditions nor affect the validity or enforceability of that provision in any other jurisdiction.
16.4 A failure or delay by Glowpear to exercise a power or right under these Terms and Conditions does not constitute as a waiver of that power or right, and the exercise of a power or right by Glowpear does not prelude its future exercise or the exercise of any power or right.
16.5 The laws of Victoria, Australia govern this agreement. Your transaction is deemed to have taken place in Melbourne, Victoria.
17. INDEMNITY
17.1 To the maximum extent permitted by law, you agree to fully indemnify and hold Glowpear harmless against any expenses, costs, losses (including consequential losses) or damage that Glowpear may suffer or incur as a result of or in connection with your use of, access to or conduct in connection with this Website, including but not limited to, any breach by you of these Terms and Conditions.
18. SOCIAL MEDIA COMPETITION
18.1 In regards to the the competition run on Instagram and Facebook from 12 am AEDT on 8/10/14 and 12 am AEDT on 4/11/14, the following terms apply:
a) Not available with any other offer.
b) One prize of one standard Glowpear Urban Garden will be on offer.
c) Only available for delivery to Australian metro areas.
d) Only available if the entrant has posted their own image of urban gardening on Instagram or Twitter with the tag @glowpearco, or on www.facebook.com/glowpearco with the tag #glowpearco between 12 am AEDT on 8/10/14 and 12 pm AEDT on 4/11/14.
e) Judges decision is final.
f) Winner will be announced 4/11/14 at 10 pm AEDT, via an Instagram/ Facebook post
g) Prizes are not transferable.
h) Prizes are not redeemable for cash.
Glowpear Privacy Policy
Our customers are important to us. Accordingly, we are committed to protecting your privacy while interacting with our website and products.
At Glowpear, we subscribe to a few simple principles:
- We don’t ask you for personal information unless we truly require it to facilitate a transaction or request you have authorised
- We don’t share your personal information with anyone except to comply with the law, process a payment you’ve authorised, or protect our rights
- You can request the deletion or correction of your personal information at any time by contacting us
This Privacy Statement relates to our website at www.glowpear.com (the “Website”) and is intended to explain our policies for the use, disclosure and storage of personal information collected through this Website. This Privacy Statement also gives you choices as to how we use your information. Please be sure to read this Privacy Statement carefully before you provide any personal information to us through this Website or otherwise use this Website.
Whenever you use this Website and provide any personal information to us while using this Website, you are consenting to the collection, use, disclosure and storage of that information in accordance with this Privacy Statement.
What personal information do we collect?
Personal information is information about you that can be used to identify you individually. Some common examples of personal information include your name, postal address, telephone number, email address, and other information necessary to process any order made by you.
When you visit the Website, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Website, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Website, and information about how you interact with the Website. We refer to this automatically-collected information as “Device Information.” We collect Device Information using the following technologies:
- A “cookie” is a small data file stored on your computer. We place a unique identifier in the cookie and use the cookie to connect your computer with the information we store for you in our database. Some examples of the data we store in our database includes your account preferences, items added to your shopping cart, user-specific information on pages accessed, and previous visits to our site. Your information is stored in a safe and secure database. We do not use cookies to store any of your personal or financial information on your computer. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
- “Log files” track actions occurring on the Website, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
- “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Website.
Visitors to the Website can access the Website's home page and browse areas of the Website without disclosing any personally identifiable information. In those circumstances, we may track information provided to us by your browser, including the web site you came from (known as the referring URL), the type of browser you use, the time and date of access, and other information that does not personally identify you. In addition, we may gather information about you that is automatically collected by our web server, such as your IP address and domain name. Glowpear may use the browser and server information that it collects in this manner to modify and improve the Website and its offerings.
Additionally when you make a purchase or attempt to make a purchase through the Website, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers and expiry dates), email address, and phone number. We refer to this information as “Order Information.”
We also collect the information you provide to us when you register interest in ordering from us, make a purchase from us, subscribe to our mailing list, apply for employment, fill out a survey or questionnaire, email correspondence, or otherwise contact us.
When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information and Order Information.
Why do we collect personal information and how do we use it?
The information we receive allows us to tailor our products and Website in order to improve your Glowpear experience. It also enables us to confirm your orders, process your purchases, customise the content and layout of our pages, notify you about updates to our Website and products, and provide you with relevant marketing information should you consent to receive. Additionally, we use this Order Information to:
- Communicate with you;
- Screen our orders for potential risk or fraud; and
- When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
When you place an order through the Website, we will maintain your Order Information for our records unless and until you ask us to delete this information.
You may also choose to consent for Personal Information you supply to be added to our customer database. In that case you may receive periodic correspondence from us about new products and services, news, discounts, special promotions or upcoming events. You can request to not receive such correspondence from us at any time by contacting us at info@glowpear.com.au or by clicking the “unsubscribe” link on any email you receive from us.
We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Website (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).
Do not track
Please note that we do not alter our Website’s data collection and use practices when we see a Do Not Track signal from your browser.
When do we disclose personal information?
We do not share, sell, rent or trade personal information about you to, or with, third parties or affiliates, except as otherwise set forth in this Privacy Statement. We may disclose your personal information to third parties and affiliates as is necessary to achieve the purposes for which it was collected, such as to fulfill your orders or respond to your requests, and to operate the business of Glowpear Pty Ltd. We may also share your personal information with third parties or affiliates in the event of an acquisition of our business or similar transaction, to enforce our legal rights or those of others, or if we are required to do so by law.
We may share information with governmental agencies or other third parties for purposes of prevention or investigation of fraud or other illegal activities. We may only do so when:
- Permitted or required by law;
- Necessary to prevent actual or potential fraud, unauthorized transactions, or other illegal activities; or
- Investigating fraud incidents or other illegal activities.
We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Shopify to power our online store--you can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy. We also use Google Analytics to help us understand how our customers use the Website--you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout. We use Mailchimp to send out newsletters and promotions if you have consented to receive such emails. You can see how Mailchimp uses your Personal Information here: https://mailchimp.com/legal/privacy/ You can opt out of Mailchimp by clicking the “unsubscribe” or “preferences” links on any email you receive from us.
We do not collect or store credit card numbers that you may submit in connection with online purchases of goods or services through our Website. Any credit card information that you submit for such online purchases is collected by our financial institution which provides the particular payment transaction facility through a separate website. We have no control over that third party website, or access to your credit card information submitted there. We encourage you to review the privacy statement governing that third party website before entering your payment information, located here: https://www.shopify.com/legal/privacy; and here: https://stripe.com/us/privacy
Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
How do we store personal information?
As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
You can opt out of targeted advertising through the following links:
FACEBOOK - https://www.facebook.com/settings/?tab=ads
GOOGLE - https://www.google.com/settings/ads/anonymous
MAILCHIMP - By clicking the “unsubscribe” links on any email you receive from us.
Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.
How do we store personal information?
The personal information which we collect from you may be stored by us in various forms including both electronic and hardcopy. We take reasonable steps designed to maintain the security of any personal information which we have stored, including taking reasonable steps to prevent loss, misuse and unauthorised access, use, modification, disclosure, alteration, or destruction of such information.
Please be aware however that any online transmission of information over the Internet is never completely secure and may be prone to error or attacks by malicious third parties. Therefore, we cannot guarantee the security or accuracy of any personal information that you transmit to us through this Website.
Accessing the personal information which we have collected about you
You may request access to any personal information which we have about you by contacting us at info@glowpear.com.au. Following such a request, we will provide you with access once you have provided sufficient proof of identity.
If the personal information which we have previously collected from you is out of date or incorrect, you can contact us at info@glowpear.com.au to arrange an amendment to our records.
If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us at info@glowpear.com.au
Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Australia, Canada and the United States.
How to report fraud
You can help us identify attempts at fraud. We will never ask you for sensitive personal information in an email. If you receive a suspicious email appearing to come from us, such as one requesting that you confirm personal information like your credit card number, or if you have received an email implying that it has been sent by us after you have opted out of receipt of emails from us, you may forward the suspicious email to us at info@glowpear.com.au. You should not respond directly to suspicious email nor should you open any link in the email.
There are a few common features of fraudulent emails that can help you identify them as spam. The two most frequent are:
- receiving an email that contains mistakes such as misspelled words or grammatical errors; and
- receiving an email that asks for your confidential information or asks you to take immediate action on your account.
We encourage all of our customers to protect themselves and their information. You should not share your account information with any third party and you should ensure that your system has adequate anti-virus and firewall installed.
Children's Privacy
We do not knowingly request or collect personal information from any person under 13 years of age without prior verifiable parental consent. If we become aware that an individual is under the age of 13 and has submitted any information to this Website for any purpose without prior verifiable parental consent, we will delete his or her information from our files.
Notice for Visitors to the Website Outside of Australia
You should be aware that Australia and other countries have not harmonised their privacy regulations. Because Glowpear and its servers are located in Australia, we have written our Privacy Statement to satisfy Australian regulations. By using the Website, you agree to the level of privacy protection set out in this Privacy Statement.
Other things to consider
This Website contains links and references to external websites. Please be aware that we do not control external websites and that this Privacy Statement does not apply to such websites. We encourage you to read the privacy statements of every website that you visit. If you are unsure about the credentials of a particular website, we recommend that you do not provide personal information to or through that website.
We reserve the right to modify this Privacy Statement at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.
Contacting Us
If you have any questions about this Privacy Statement, please contact us at info@glowpear.com.au.
Date Modified: 25 May 2018
