(Effective Date: 24/08/2022)
Your Privacy and Softedge Studio Pty Ltd (ABN 45 660 606 888) (collectively and individually referred to as “Softedge Studio”, “we”, “us” or “our”).
WHO WE ARE AND HOW YOU CAN CONTACT US
We will only use your personal information in compliance with Australian Privacy Laws (Privacy Act (1988 (Cth)), Australian Privacy Principles and to the extent applicable, with the EU General Data Protection Regulation (GDPR) and any replacement legislation or regulation or guidelines and standards governing the use, storage or transmission of personal data.
OUR ROLE IN YOUR PRIVACY
As we are the providers of the products and services on this Site, we determine how and why your data is processed. We are committed to protecting you privacy. We weill only use the information we collect about you lawfully. You will not receive marketing materials from us without giving express consent for us to do so.
WHEN AND HOW WE COLLECT DATA
From the moment you visit our Site, we collect data; sometimes you might provide this data by completing a form or setting up an account, otherwise, we might collect the data automatically. We may also collect data when:
• You purchase a gift card for redemption on our Site
• You interact with us on social media
• You complete any sign-up forms and landing pages or send us a direct message via social media or an email to any of our nominated emails
• You participate in events, promotions and giveaways or any request for additional data such as customer surveys
• You accept our cookies and other tracking technologies on any device you use to interact with us
• You voluntarily submit your data to us for any reason
TYPES OF DATA WE MAY COLLECT
• Contact details (name, address, email)
• Financial Information (bank details when you are making a purchase)
• Your business name (sometimes)
• Basic information about your business and its history (sometimes)
• Data about the products or services you purchase
• Data on how you use our Site (URL clicks, products and services views, how long you are on our pages and other actions)
USE AND DISCLOSURE OF YOUR DATA
Under data laws, we are only allowed to use your data for specific reasons and where we have the legal basis to do so.
We will use your data for the purposes it was collected and related purposes that include:
• Operating our Site
• Providing you with products, information and services
• Customer support
• Tracking your purchase history
• Detecting and preventing fraud
• Improving our Site
• Making your experience on our Site more efficient and enjoyable
• Provide you with information about events, other products or services or opportunities that may be of interest
• Marketing (with your consent)
• Monitoring your compliance with our Website Terms and Conditions.
We may disclose your data for the purposes it was collected and also:
• As required by law, subject to our obligations
• With your consent
• Within our business
• To send you marketing material (with your consent)
• To process your participation in any promotions and giveaways (including contacting you if you win, displaying your name online and on our social media platforms)
• Share with third parties to enable us to provide our products and/or services
CHOOSING NOT TO PROVIDE PERSONAL DATA
You can choose not to provide us with any personal data. However, if you do this, we will not be able to provide you with any products or services, however, you can continue to use our Site and browse the pages of our Site.
TURNING OFF COOKIES
We will always let you know before we collect any data from you what the intended use is and if we intend to use it for marketing and if third parties are involved we will obtain your consent (which you can withdraw at any time). You can change your mind about marketing material by opting out by:
• Contacting us via the instructions on our contact page; or;
• Unsubscribing within the email if you have previously subscribed to our newsletter.
You can exercise your rights at any time by contacting us at firstname.lastname@example.org
ACCESSING INFORMATION WE HOLD ABOUT YOU
We will provide you with the information within 30 days of your request, unless doing so would adversely affect the rights and freedoms of others (e.g. another person’s confidentiality or intellectual property rights). We will tell you if we can't comply with your request and why.
You can contact us to ask us to correct any information we hold about you that you believe is inaccurate.
THE RIGHT TO BE FORGOTTEN
You have the right to request for your data to be erased. This means we have to delete all information that we hold about you, except to the extent of any information we are required to hold due to our legal obligations.
SECURITY OF THE DATA WE COLLECT
We realise that our customers trust us to protect their data and whilst we cannot guarantee the security of any information you transmit to us, or receive from us, we take that task seriously and maintain reasonable and appropriate physical, electronic and procedural safeguards to help protect your data. This includes the following:
• Password access to accounts
• Storing electronic data with reputable third-party storage providers who have appropriate security protections
• Limit access to personal information to individuals who need to know
• Using payment providers who are PCI DSS compliant
• We do not store your payment details
WHERE WE STORE DATA
We use service providers based in Australia. If we transfer personal data outside of Australia, we will ensure that your privacy rights are adequately protected by ensuring these service providers have the same or similar measures in place to protect data shared.
HOW LONG WE STORE DATA FOR
We will keep your data for as long as we need it, and this period will also depend on your interactions with us. If you have made a purchase with us, we will keep a record of your purchase for the period necessary for invoicing and tax purposes. When we no longer need to keep your information, we will delete it permanently or anonymise Data which is no longer necessary.
THIRD PARTIES WHO ACCESS YOUR DATA
We share data with third parties in the following circumstances:
• Other companies in our group of companies, as necessary to operate our Site
• Our suppliers and service providers working for us e.g. payment processors
• Our professional and legal advisors
• Third parties engaged in fraud prevention and detection
• Law enforcement or other government authorities
We may also share data with third parties who enable us to provide our products and services, which may include:
• Payment processors such as Stripe, PayPal, Xero, Shopify who may process your payment for any products and services bought from us;
• Social media and analytics such as Facebook, Instagram and Google Adwords for purpose of custom audience generation and the development of targeting criteria;
• Other third parties such as Flodesk or MailChimp for processing and holding Data that enables us to ensure you are kept informed of all course information, logins and marketing material, offers, promotions, newsletters, blogs and video training.
• Where we have your consent to do so or otherwise where we are legally permitted to do so.
All of our real-time credit card authorisations are handled by secure third party gateway providers and these are secured by the highest level of security. The following measures are taken to protect your data:
• Payments are fully automated with an immediate response.
• Your complete credit card number cannot be viewed by us or any outside party.
• All transaction data is encrypted for storage within our third party gateway suppliers bank-grade data centre, further protecting your credit card data.
• Our third party gateway provider is an authorised third party processor for all the major Australian banks.
• Our third party gateway provider will at no time touch your funds, all monies are directly transferred from your credit card to the merchant account held by us.
We use third-party gateway providers that are widely respected for providing secure and reliable online payment solutions. We have chosen to deal with the best, so you can feel safe that your personal information is kept safe and secure at all times. While we attempt to protect the information in our possession, no security system is perfect, and we cannot promise that information about you will remain secure in all circumstances.
The Payment Card Industry Data Security Standard (PCI DSS) is an information security standard for all organisations that handle branded credit cards from major card schemes. PCI DSS is a standard mandated by the card brands like Visa, Mastercard, American Express and Discover and is managed by the PCI Security Standards Council.
PCI-DSS requirements help ensure the secure handling of credit card information through our Site and the service providers.
AGE OF CONSENT
By using this site, you warrant that you are at least the age of majority in your State or Territory of residence. Our Site should not be used by anyone under the age of majority, and we do not knowingly collect data from anyone under the age of majority.
COOKIES AND HOW TO BLOCK THEM
(Effective Date: 24/08/2022)
CONSENT TO SITE TERMS
By accessing and using this Site, our social media channels and any other materials made available to you or provided to you on this Site, whether made available for purchase or not, you are taken to accept our Terms.
By using our Site, accessing or purchasing any products, you warrant that you:
• are over 18 years of age and have the legal capacity to enter into a legally binding contract;
• have read and accepted these Terms; and
• will comply with these Terms.
CHANGES TO THESE TERMS
We reserve the right to change or modify these Terms at any time consistent with applicable laws and principles, without notice to you. These changes will be effective as of the date we post the revised version on this Site. It is your responsibility to review these Terms prior to use and periodically throughout your use of our Site . If at any time you choose not to accept these Terms, you should not use this Site.
By remaining on this Site and your continued use of this Site is deemed acceptance of any modifications or amendment of these Terms. You may also accept these terms where you click “Agree” or “Accept” or “Buy” or “Book” where such an option is made available to you during your use of our Site. If you’re uncertain about the Terms or anything else on our Site, please don’t hesitate to contact us before completing any purchase.
Our Site and products contain intellectual property owned by us, including, without limitation, trade marks, copyrights, proprietary information, designs, patents and other intellectual property rights, as well as their business name, logo, images, all designs, text, videos, audio files, graphics, other files, and software (“Content”). Your use of and access to our Site, products and content does not grant or transfer any rights, title or interest to you in relation to this Site, the products or the content.
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever our Site, the products and/or the Content, our Intellectual Property and Third Party Licensed Intellectual Property in whole or in part without our [Softedge Studio Pty Ltd] prior written consent. We reserve the right to immediately remove your access to our Site, products and/or Content, without refund, if you are found to be violating these Terms.
LINKS TO OTHER WEBSITES
Our Site and social media channels may have links to other sites operated by third parties. Unless we expressly tell you otherwise, we do not in any way, endorse, control or approve of and nor are we responsible for the content on those websites. It’s up to you to decide if those websites and their content are suitable for you.
PRICES AND PAYMENT
Prices on our site may be set to different currencies depending on your country or region.
If shopping from within Australia all prices in Australian Dollars (AUD) are inclusive of any Australian Goods Tax (GST) as applicable. The prices indicated on our Site may change at any time without advance notice to you. The amount charged to you will be the price in force at the time your order is validated..
We reserve the right at any time to modify or discontinue any product without notice. We shall not be liable to you, or to a third party for any modification, price change, suspension or discontinuance of any product.
We reserve the right to cancel an order and provide a full refund in the event that a product has been discontinued or we do not have the stock available.
At this time, payment is only accepted by credit or debit card. Where you use a credit card, you warrant that you have the necessary rights and authority to use that credit card. You authorise us to automatically charge the credit card on file for any and all payment balances owed and agree to keep all billing information current at all times. Where you fail to make payment or payment is declined for any reason, we may revoke your access to the products.
We reserve the right to cancel any order where we suspect that there is fraud or other types of illegal or unauthorised activity.
TAXES AND DUTIES
International orders may incur additional fees and duties as required by the destination country. The responsibility for all customs duties, taxes or other fees imposed on consignments rests solely with the customer.
In the event that shipments are undeliverable due to the refusal of any import fees as determined by your customs office, shipments will be abandoned on-site due to non-payment of customs charges.
Import threshold and relative charges are determined by your destination country based on the contents and value of each consignment. You may be required to pay these before receiving your order, or they may be charged to you at a later date. Fees of this nature are solely the responsibility of the receiver, and Softedge Studio will not be liable for the payment of such charges under any circumstance.
Duty-free imports may apply to some orders irrespective of value if there is a Free Trade Agreement between Australia and the destination country. This is because all ceramic products offered on our website are made in Australia from Australian raw materials. If the destination country's customs require a certificate of origin to permit duty-free entry, don't hesitate to contact us with your order number.
In the event of a redirection back to sender due to ant situations aforementioned, additional shipping fees will be charged to the receiver prior to the order being redelivered. Any refunds issued in association with such occurrences will be made less any freight, customs or import charges.
If you hold an Afterpay account, you are able to use your account to make a purchase with us. Afterpay allows you to pay for your purchase over 4 equal instalments due every 2 weeks.
By using an Afterpay account with us, you agree that you are 18 years of age and are the authorised holder of the debit/credit card used in the purchase.
All orders are subject to Afterpay’s approval. If you have any overdue payments, Afterpay will not be available. Afterpay will automatically try to process payments on the scheduled dates from your card. If a payment is not processed on or before the due date, late fees will apply.
If you wish to return an item purchased using Afterpay, please review our refund policy below.
For further information regarding the financial services offered by Afterpay, please refer to their Terms of Service.
REFUND, RETURNS AND DAMAGES POLICY
When purchasing an item from our Site, please choose carefully as we do not offer refunds for change of mind.
The sale of any discounted products is final.
In some cases we may choose to offer a refund on compassionate grounds. In such cases, a small fee will be deducted from your refund (20% of order total) to cover administrative costs and fees involved in processing. Shipping cost will not be refunded and all costs associated with the return of goods is solely the responsibility of the customer. A refund will only be issued once your return order has been received, checked by a member of our team and deemed to be unused and in a salable condition.
We take great care at every stage of making, wrapping and packing your orders. In the unlikely event that your order arrives broken, damaged, or faulty please contact us within 24 hours of the delivery via email at email@example.com with photos of the items and packaging including the exterior of the box showing the shipping label
In some cases you may be required to return the parcel to your local post shop, or pack for return shipment – we’ll help you through this process with detailed instructions.
Your orders will be packed and dispatched within 7 business days of payment confirmation. This timeframe may be subject to change during peak shipping periods or for larger scale order.
Shipping time will vary depending on the type of shipping method chosen at checkout, and destination region.. At this time domestic shipments are conducted through AusPost and international shipments conducted via DHL express.
Due to ongoing disruptions, we cannot guarantee the shipping timeframes for domestic or international shipments.
Delivery timeframes specified on our General Info page are indicative, We are not in control of any shipping delays or transit issues which may occur once the consignment is in the hands of the courier.
We do our best to ensure that the colours and finishes of all products are accurately displayed. Please note that the colours of products on our Site may seem different to the actual colours depending on the device you use. Due to the nature of handmade ceramics, there will always be variations in colours, texture, finish and form. These variations are considered “normal” and do not deem the product to be faulty. If you are concerned about the appearance or use of a product you have received, please contact us immediately at firstname.lastname@example.org.
SUBMITTING CONTENT TO SOCIAL MEDIA
We always appreciate interaction on our social media channels and feedback about our Site, products.
Where you do decide to submit such feedback, comments or content, you represent and warrant that:
• you are the sole author and owner of the intellectual property and any other rights in that content (or have the right to use that content with appropriate consents and permissions);
• give us permission to post or otherwise use that feedback on our social media or other channel;
• you waive any and all existing and future moral rights (as defined in the Copyright Act 1968 (Cth)) in the content you provide us with;
• the content does not violate these Terms; and
• you are at least 18 years old
We reserve the right to remove a review or comment if such review or comment contains:
• libelous or otherwise unlawful, abusive or obscene material;
• attacks our employees or another contributor;
• contains material that discloses your personal information; or
• is unrelated to the post or content to which you have reviewed or commented on
In addition to any other prohibitions, you must not, under any circumstances use our Site or its content to:
• attempt to change, remove, deface, hack or otherwise interfere with this Site or any material or content displayed on our Site;
• hack into any aspect of the Service; corrupt data; cause annoyance to other users
• infringe upon the rights of any other person's proprietary rights;
• send any unsolicited advertising or promotional material, commonly referred to as “spam”;
• attempt to affect the performance or functionality of any computer facilities of or accessed through this Site.
This Site is provided on an “as is” and “as available” basis and to the fullest extent permitted by law we make no representations or warranties about our Site and/or the products we sell.