Privacy Policy
Your privacy is important to us, Zen Aquarium (we or us). This Privacy Policy (Privacy Policy or Policy) outlines how your information is collected, used and disclosed when you access or use our Services as defined in our Terms. This information is collected, used and disclosed in accordance with the Privacy Act 1988 (Cth) (Privacy Act).
This Privacy Policy is incorporated by reference into our Terms. Any capitalised terms not defined in this Policy are defined in the Terms. You agree to comply with all Terms when accessing or using our Services, including this Privacy Policy.
2. What information do we collect and how is it collected?
We collect Personal Information, as defined in the Privacy Act (including Sensitive Information as defined in the Privacy Act), when you access or use our Services.
2.1 Information provided by you
We collect information that you provide to us via use of our Services as well as through any other means used to contact us.
The kinds of Personal Information we collect include your contact information such as your name, email address, organisation, address and phone or mobile number.
We reserve the right to maintain, store and use any information or data where we reasonably believe that such action is required to comply with any legal or regulatory obligations, to prevent criminal or other unlawful activity whether immediate or in the future, or where we have a legitimate business reason to do so, including collection of amounts owed, resolving disputes, enforcing our Terms or for record keeping integrity.
You expressly consent to the use of your Personal Information for the provision of Services in accordance with our Terms.
2.2 Automatically collected Personal Information
We automatically record information from your device and its software when you access our Services, including your IP address, operating system, web browser and device type, internet service provider, mobile phone carrier, platform type, the Website from which you came and the Website to which you are going when you leave our Services, the pages you visit and features you use on our Website, date and time stamp and cookies that may uniquely identify your browser or account.
When accessing our Services using a mobile device, we may also receive and collect identification numbers associated with your device, mobile carrier, device type and manufacturer, and, if enabled, geographical location data (including GPS). Please note that some of the information we collect, for example an IP address, can sometimes be used to approximate a device's location.
2.3 Personal Information collected via cookies
Our Services may use small pieces of data called cookies to identify a user who engages with our Services and to compile records of a user’s history of engaging with our Services. Cookies are stored by a users’ browser while the user browses a Website. Cookies do not usually contain information that personally identifies a person, but each time the user visits the Website, the browser sends the cookie data back to the server to notify the system of the user's previous activity. If you wish to disable cookies, you may do so through your browser settings, however please be aware that if you choose to do this, some functionality of our Website will not be available to you.
We sometimes share some limited aspects of this data with third parties for advertising purposes. We may also share online data collected through cookies with our advertising partners. This means that when you visit another website, you may be shown advertising based on your browsing patterns on our website.
2.4 Google Analytics
Zen Aquarium uses Google Analytics, which allows us to anonymously track the use of our Services by recording the number of users who have visited, the number of pages viewed, navigation patterns, what systems users have and the date and time of visits through cookies. This information is collected for statistical purposes only and cannot be used to identify you.
Zen Aquarium may use a range of services and functions offered by Google Analytics, including but not limited to Google Optimize, Remarketing, Google Display Network Impression Reporting, DoubleClick Campaign Manager Integration, and Google Analytics Demographics and Interest Reporting. Zen Aquarium also uses Google Analytics to partner with third parties and advertise online. Our third-party partner may use technologies such as cookies and third party Tracking Technologies to gather information about your activities on our Website and other sites in order to provide you advertising based on your browsing activities and interests.
3. For what purposes do we collect and use Personal Information?
We collect your Personal Information as outlined in this Privacy Policy for the purposes described below:
- for provision of the Services;
- register your user account and to verify your identity or age;
- facilitate payment and processing via third party gateways and alternative payment methods (such as Paypal);
- or communication with you in association with the functions and features of the Services;
- for communicating to you any announcements and updates, updated terms, conditions and policies, security alerts, technical notices, support and administrative messages;
- for analysis, monitoring, development and improvement of our Services, including other products or services;
- for security purposes, including to protect the Services and our property from abuse, fraud, malicious, unauthorised access or potentially illegal activities, and to protect our rights, safety and property and that of our other users;
- for sending marketing communications to you, including notifying you of promotional or advertising offers, contests and rewards, upcoming events and other news about products and services offered by us and use of our Services;
- to comply with relevant laws and regulations where applicable; and
- for the performance of other functions described at the time of collection or as consented to in relation to our Services.
4.1 Storage of Personal Information
We take reasonable steps to protect your Personal Information in accordance with this Privacy Policy. The Personal Information we collect from you is transferred and stored electronically via a secured SSL connection, in secured, password-protected servers. You agree and consent to Zen Aquarium storing your Personal Information on such servers.
4.2 Who can access your Personal Information?
Your Personal Information is accessible to our employees, contractors and our third-party service providers such as our Website host and technical support providers. We may also store your Personal Information in password-protected email databases for the purpose of sending out communications and marketing emails in accordance with this Privacy Policy.
Please note that no method of electronic transmission or storage is 100% secure and we cannot guarantee the absolute security of your Personal Information. Transmission of Personal Information over the Internet is at your own risk and you should only enter, or instruct the entering of, Personal Information to the Services within a secure environment. It is your responsibility to ensure that you keep your Personal Information safe, including keeping your software up to date to prevent security breaches.
We reserve the right to maintain and store any information or data where, we reasonably believe, in our sole discretion, that such action is required to comply with any legal or regulatory obligations, to prevent criminal or other unlawful activity whether immediate or in the future, or where we have a legitimate business reason to do so, including collection of amounts owed, resolving disputes, enforcing our Terms or for record keeping integrity.
Your Personal Information may be disclosed to individuals and companies, for the purposes described in this Privacy Policy, as outlined below:
5.1 Zen Aquarium and Related Bodies Corporate
Your Personal Information may be accessed by us, including our directors, employees, officers and contractors. You consent to us providing your Personal Information, including Sensitive Information to our Related Bodies Corporate (as defined in the Corporations Act 2001 (Cth)).
5.2 Parties required by law
Your Personal Information may be disclosed by us to any party to whom we are required by law to provide your Personal Information and to any party to whom disclosure is permitted under the Australian Privacy Principles, or where we reasonably believe that disclosure is required to comply with any court orders, subpoenas, or other legal process or investigation including by tax authorities, if such disclosure is required by law. Where possible and appropriate, we will notify you if we are required by law to disclose your Personal Information.
5.3 Direct marketing
You agree and expressly and indefinitely consent to us using or disclosing Personal Information (other than Sensitive Information) to keep you informed about our products and services and other products and services that we consider may be of interest to you. For this purpose, disclosure may be made to our third-party service providers. We may communicate with you via phone, email, social media, SMS, or regular mail. If you have indicated a preference for a method of communication, we will endeavour to use that method wherever practical to do so.
You can opt-out of direct marketing communication activities undertaken by us at any time by clicking the “unsubscribe” or “opt-out” link on email communications from us, replying ‘Stop’ to a promotional SMS or by contacting us by phone or email.
Please note that our transactional emails, such as order confirmations, may contain marketing communications including recommendations as to products you may be interested in. By making an order with us, you expressly consent to us sending you such emails containing marketing communications.
5.4 Other third parties
We may share your Personal Information with third parties if it is reasonably related to the provision of our Services. The third parties that we may share your Personal Information with includes consultants, contractors, credit agencies, debt collection agencies and other service providers to us that perform services on our behalf. Such services we procure may include identifying and disseminating advertisements, enforcement of our Terms, providing fraud detection and prevention services, processing payments or providing analytics services. We may also share your Personal Information with our business partners who offer goods or services to you jointly with us (for example, contests or promotions).
We may share your Personal Information where we have reason to believe that doing so is necessary to identify, contact or bring legal action against anyone damaging, injuring, or interfering (intentionally or unintentionally) with our rights or property, users, or anyone else who could be harmed by such activities.
We may also share your Personal Information with third parties with your consent in a separate agreement, in connection with any company transaction (such as a merger, sale of assets or shares, reorganisation, financing, change of control or acquisition of all or a portion of our business by another company or third party) or in the event of bankruptcy, dissolution, divestiture or any related or similar proceedings.
Note that we reserve the right to share your Personal Information with other third parties where, in our sole discretion, it is required to:
- investigate and defend ourselves against any third party claims or allegations;
- protect against harm to the rights, property or safety of Zen Aquarium, its users or the public as required or permitted by law; and
- detect, prevent or otherwise address criminal (including fraud or stalking), security or technical issues.
Our Services may, from time to time, contain links to and from Websites which are owned or operated by other parties or use services of third parties, including Google and Facebook. You acknowledge and agree that Zen Aquarium has no control over, and shall not be liable for, the privacy practices or content of these third party Websites and Zen Aquarium does not make any representation about the privacy practices of, any third-party Websites, whether or not linked from or transferred from our Services. You are responsible for checking the Privacy Policy of any such Websites and applications so that you can be informed of how they will handle Personal Information.
We run pages on a number of social media platforms, including Facebook and Instagram. By accessing, interacting with and using our social media pages, you agree to the terms and Privacy Policy of those Social Media Platforms. You acknowledge and agree that these Social Media Platforms may collect your information and that the privacy practices of those Social Media Platforms are not controlled by us and that we hold no responsibility for such privacy practices.
Social Media Platforms also allow public access to your public social media profile, which may include your username, age range, country/language, list of friends or other information that you make publicly available and you understand that such information may therefore be accessible by us if you interact with its social media pages.
We may from time to time, have access to statistics regarding the number of views, navigation patterns, posts that you like, comment on or share and any user interactions with our social media pages and may use such information for the purpose of its marketing and promotion strategies.
At any time, you may request access to Personal Information we hold about you. We may refuse to provide access if the law allows us to do so, in which case we will provide reasons for our decision as required by law.
We take reasonable steps to keep your Personal Information accurate, complete and up-to-date. If, at any time, you discover that information held about you is incorrect, you may contact us to have the information deleted or corrected.
You may request access to the information we hold about you, or request that we delete, update or correct any Personal Information we hold about you, by setting out your request in writing and sending it to us in accordance with paragraph 10.
Zen Aquarium will process your request as soon as reasonably practicable, provided we are not otherwise prevented from doing so on legal grounds. If we are unable to meet your request, we will let you know why.
Our Team deals with privacy complaints and any complaints should be emailed to us in the Contact Us page.
We will respond to any Privacy Policy complaint in writing within a reasonable time frame.
We will attempt to confirm as appropriate and necessary with you your understanding of the conduct relevant to the complaint and what you expect as an outcome.
After we have completed our enquiries, we will contact you, usually in writing, to advise the outcome and invite a response to our conclusions about the complaint. If we receive a response from you, we will assess it and advise if we have changed our view.
9. AmendmentsWe reserve the right to amend this Privacy Policy from time to time as we see fit. While we endeavour to notify you as soon as reasonably possible of any changes to our Policies by email or by a notice on our Services, it is your responsibility to keep up to date with any changes or amendments by checking this page prior to using our Services. This page contains our most accurate and up to date version of our Privacy Policy.