1.2 Personal information covers any information about a living person from which they can be identified. Anonymous data, which is information from which a person’s identity has been removed, is not personal information.
2. About us
2.2 The data controllers of your personal information, in our business, is our company Farren-Price Pty Ltd (ACN 624 340 496) as trustee for the Farren-Price Trust (ABN 84 276 219 215), which trade as “J Farren-Price Jewellers” and “Farren-Price Jewellers”, and “J Farren-Price”, respectively.
3. Grounds for collecting personal data
3.1 Privacy and data protection laws in Australia (in particular, the Privacy Act 1988 (Cth)) and the European Union (EU) (in particular, the General Protection Data Regulation 2016/679) set out various bases upon which businesses can legally collect and process an individual’s personal information. We outline below some of these bases. We will generally only use your personal data for the purpose or purposes for which it was collected, unless we reasonably consider that we need to use it for another reason and that reason is consistent with the original purpose.
A. With your permission or consent
3.2 With your permission or consent only, we can collect and process your personal information. Your consent will be necessary, if we process from you sensitive or special personal data (for example, information on your race, ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, health and genetic and biometric data). Usually, if we rely on your consent as the legal basis for processing your personal information, you will be able withdraw your consent, at any time.
B. Contractual obligations
3.3 Sometimes, it is our contract with you, which requires us to collect personal information from you. For example, we may collect your name and other contact details to identify you as a new or existing customer of ours. In some instances, because of the contractual laws of a country, we may not be able to enter into a contract with you and supply you with our products and/or services, unless and until you have provided us with at least some personal details (such as your full name, residential or postal address and contact telephone number).
C. Meeting legal obligations
3.4 In addition to our contractual obligations, other laws may also require us to collect and process your personal information. Anti-money laundering laws, for example, often require the collection of personal information from our customers. Again, if you are unable to give us some of your personal data, then these laws may prohibit us from entering into a contract with you and/or supplying products and/or services to you.
D. Business interests
3.5 We may also need your personal information to pursue the legitimate interests of our business, so long as this does not materially impact your rights, freedoms or interests. For example, we may collect and use your personal data to help us grow our business.
3.6 If you are unsure of the bases upon which we are relying to collect and use your personal information, then you can always contact us to find out (see section 13 below for our contact details).
4. Collection of personal information
4.1 We may collect personal information from you in the course of our business, including when you buy our products or services, through your use of our website, when you contact or request anything from us or as a result of your relationship with our staff, our suppliers and/or other customers.
A. Types of data collected
4. 2 We may process any of the following data from you, among others:
- contact information, including your name, your organisation, your title, your relationship to a person, your address, email address and phone number(s);
- identification and background information provided by you or collected as part of our business acceptance processes, this may include your full name, photographic identification and gender;
- usage data includes information about how you use our website;
- financial information, such as bank account and payment card details;
- marketing and communications data including your preferences in receiving marketing from us and our third parties and your communication preferences;
- technical information, such as information collected from your visits to our website (for example, internet protocol address, your login data, browser type and location); and/or
- personal information provided to us by or on behalf of our customers or generated by us in the course of supplying products or services to them.
B. Reasons for collecting data
4.3. In broad terms, the main reasons why we collect personal information, are as follows:
- to help us provide and deliver our products and services;
- to identify you and confirm your identity;
- to develop and market new products and services;
- to provide customer support and/or technical assistance;
- to monitor the usage of our products and services;
- to comply with any applicable laws or Court or Tribunal orders;
- to ensure you follow any contract with us and/or our policies; and/or
- to provide you with news, special offers and general information on other products, services and/or events which we offer that are similar to those that you have bought or inquired about, unless you have opted out of receiving such information.
C. Purposes of data collection
I Marketing purposes
4.4 We may collect information from you, through our website, in various ways. Parts of our website may invite you to provide us with your personal data. If you provide us with your personal data (for example, your name and email address), this may be used to grow our business in a way that does not materially impact on your rights, freedoms or interests.
II Automated technologies or interactions
B. Collection of data in other ways
4.6 Our website aside, we may also collect information from you in more traditional ways. This includes through direct interactions with you (such as when you provide us with your personal details at our retail store), from third-party sources (such as tax authorities) or from public sources.
4.7 Since we operate in the retail industry, we may have to obtain certain personal details from you if required, to follow anti-money laundering and counter-terrorism laws. To meet our legal obligations, we may need to confirm the identity of new clients, and in some cases, existing clients. In some cases, we may be forced to decline to, or may not be allowed to, offer you our products and services. We consider that the legal basis for this processing of personal information is to perform contractual obligations and to comply with legal or regulatory obligations that apply to us.
5. Security of data
5.1 We are committed to ensuring that your personal information is secure. To prevent illegal access or disclosure, we have implemented appropriate technical, physical and other processes and procedures to safeguard and protect your personal data. We monitor our systems for potential issues and attacks and we carry out penetration testing to identify measures to strengthen security.
5.2 In addition, we limit access to your personal data to only those persons in our business who need to know the information. Also, they will only process your personal information in accordance with our instructions and they are under a duty of confidentiality.
5.3 We have procedures in place to identify and respond to data security breaches. We will notify you and any data protection authority of a breach, if we legally need to do so.
6. Retention of data
6.1 Whenever we collect or process your personal information, we will only keep it for as long as is necessary for the purpose for which it was collected. Alternatively, we may be forced to keep your personal information in order to meet legal, accounting and/or reporting requirements. We may also keep your personal information if it is reasonably required for us to do so due to the potential for litigation.
6.2 In deciding the appropriate retention period for personal data, we will usually consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve our purposes through other means and the applicable legal, regulatory, accounting and/or other requirements.
6.3 At times, your personal information may be either deleted entirely or made anonymous (for example, by being combined with other data so that it can be used in a manner which does not identify the individuals concerned for statistical analysis and/or business planning).
6.4 You can also ask us to remove your personal information from our systems, if this is required or permitted by law.
7. Sharing of data
7.1 We may share your personal information with third parties. These third parties may act as “data processors” or “joint data controllers”, in the course of us providing our products or services to you. The parties we may provide your personal information to, include without limitation:
- our suppliers, including our luxury watch and/or jewellery suppliers;
- to our insurers;
- to our IT service providers; and
- to regulators or tax authorities.
7.2 We use the services of third parties to help us with our website hosting and our social media communications across multiple channels (including Twitter, LinkedIn and Facebook).
7.3 We require that all third parties that act as “data processors” for us provide sufficient guarantees to implement appropriate technical and business measures, only process personal data for legal purposes and in accordance with our instructions.
8. Processing of personal information
8.1 We may transfer, store and process your information in the manner set out in section 7 above.
8.2 If you are from the European Economic Area (EEA), this may involve the transfer of your personal information out of the EEA. The law in the country to which your personal information is transferred may be different to the law applicable in the country where you reside.
8.3 Where we transfer, store and process your personal information outside of the EEA we have ensured that appropriate safeguards exist to provide an adequate level of data protection. In particular, we will ensure that at least one of the following safeguards is in place:
(a) we will only transfer your personal data to countries considered to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries;
(b) where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in the EU. For further details, see European Commission: Model contracts for the transfer of personal data to third countries.
(c) where we use providers based in the United States of America, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the EU and the United States of America. For further details, see European Commission: EU-US Privacy Shield.
8.4 If you need more information, on how your personal information may be transferred outside of the EEA, then you can contact us. See our contact details in section 13 below.
8.5 For individuals from Japan, this may sometimes involve the transfer of personal information out of Japan. We will not disclose personal data to a third party without obtaining your prior consent, except if allowed under the Personal Information Protection Act of Japan (Law No. 57 of 2003) (PIPA).
9. Direct marketing
9.1 It should be easy for you to stop receiving direct marketing communications from us. You can click the ‘unsubscribe’ or ‘opt-out’ link in any email communication that we send to you, or email us at email@example.com. You should note, however, that you may continue to receive communications for a short period after changing your preferences while our systems are fully updated.
9.2 For any third-party marketing, we will get your express opt-in consent before we share your personal data with anyone else, aside from us, for marketing purposes.
10. Your legal rights
10.1 There are various rights available to you in respect of the personal information we have about you. However, your rights may vary depending on which laws apply to our dealings with you. If you wish to exercise any of the rights set out below, then you can contact our personal data supervisor (see details in clause 13.3 below).
- Request access
10.2 We will generally provide you with a copy of your personal data within the timeframes noted in applicable laws. For EU residents, we will do this for free, consistently with applicable laws.
10.3 If any of the information we have about you is incomplete, inaccurate or incorrect, then you will have the right to have the information corrected.
- Erasure & to be forgotten
10.4 You can ask us to delete or remove your personal information in some instances. For EU residents, whenever you have given us your consent to use your personal information, you have the right to change your mind at any time and withdraw your consent.
10.5 If we are processing your personal data on the basis of our legitimate interests, you can ask us to stop processing your data for reasons connected to your own situation. We must then do so unless we believe we have a legitimate overriding reason to continue processing your personal data.
- Data portability
10.6 In some cases, you may have the right to obtain your personal data in a structured, commonly used and machine readable format and to reuse it elsewhere or ask us to transfer it to a third party of your choice.
10.7 In other cases, you may have a right to object to us processing your data. Where your personal data is being processed for direct marketing purposes, you will have a right to object at any time.
- Automated decision-making & profiling
10.7 You may also have a right not to be subject to a decision based on automated processing where the decision will have a legal effect or a similarly significant effect on you.
10.8 To protect the confidentiality of your personal information, we will need you to confirm your identity before proceeding with any request. If you have allowed a third party to make a request for you, we will ask them to prove that they have the permission to make the request for you.
11. Children’s privacy
11.1 We will not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and are aware that you child has provided us with personal information, please contact us. If we become aware that we have collected personal information from a child without obtaining their parental consent, we will immediately take steps to remove the information from our servers and systems.
12. Links to third party websites
12.1 Our website may have links to third party websites, plug-ins and applications. Clicking on these links or enabling these connections may allow third parties to collect or share data about you. If you follow a link to any third party website, you should be aware that these websites have their own privacy policies and notices and we do not accept any responsibility or liability for their data processing activities. You should read and familiarise yourself with other websites’ privacy policies, before using them.
13. Contact us
14.1 You can make a complaint to the relevant data protection authority (DPA), in your country, at any time. Before you do so, however, we would appreciate the opportunity to discuss any concerns you have directly with you.
16. Duty to inform us of changes
16.1 It is important that the personal data that we hold about you is accurate and current. You should always keep us informed of any changes to your personal information, while you have a relationship with us.
1.1 This is the cookies policy of J Farren-Price. When we refer to “we” or “us”, in this cookies policy, we are referring to our company Farren-Price Pty Ltd (ACN 624 340 496) as trustee for the Farren-Price Trust (ABN 84 276 219 215), which trade as “J Farren-Price Jewellers” and “Farren-Price Jewellers”, and “J Farren-Price”, respectively.
2. Meaning of “cookies”
2.1 “Cookies” are small text files created and stored on the hard drive of a person’s computer or other electronic device by their internet browser software, in order to hold details of the website being viewed.
4. Lapsing of cookies
4.1 The period of time cookies will stay on your computer or other electronic device will depend on the type of cookies involved, as follows:
(a) persistent cookies – these allow our website to recognise you when you come back to our site another time. This provides us with useful analytical information to help us to optimise our website and your visits; and
(b) session cookies – these exist just for the life of your current visit while you have your browser open. They are not stored on your hard drive and are erased when you leave your web browser.
5. Managing cookie preferences
5.1 There are various ways you can manage cookies on your computer or other electronic device. If you access the web from more than one computer or other electronic device it is critical to ensure that each browser is configured to suit your cookie preferences. You can also block out cookies, at all times, by simply setting your cookie preferences in that manner.
5.2 You should note, however, that by blocking cookies parts of our website may not work as efficiently as they might otherwise do or at all. Your browsing experience on our website may thus not be at its best.
2. Our obligations
2.1 As a matter of sound business practice, we will always do our best to make sure that our website works at all times. However, by using our website, you agree that we are not responsible for any times when our website is temporarily down or unavailable.
2.2 You agree that we may temporarily close down our website from time to time to perform maintenance work and/or updates. We may give you notice on our website and/or by email before we temporarily close our website to perform maintenance work and/or updates. However, we are not required to give you such notice.
3. Your account
3.1 You may be able to create an account with us, on our website. Once you have created an account with us, you will be provided with a username and password to access the site.
3.2 You must not provide or sell your username and/or password to any other person or entity, without first obtaining our permission. You must not use another customer’s username or password without our permission.
3.3 You must take all measures, precautions and/or actions to protect, at all times, the privacy of your username and password to our website. You must also take all reasonable measures to remember your username and password to our website.
3.4 You must inform us of any unauthorised use of your account or password immediately.
4. With your permission or consent
4.1 You may end your account with us at any time, by contacting us to cancel your account. Your account will be cancelled within 2 to 3 business days of you requesting its cancellation. If you cancel your account, any information and/or content which you may have had in your account, before cancellation, may be removed from our website, with effect from the time of your cancellation.
4.2 We can end your account and/or stop you from accessing your account immediately, if you:
(a) have sold or given your username and/or password to any other person or entity;
(b) have used another customer’s account or password without our permission;
(c) allow other people to access and/or use your account;
(d) do or say something on our website or on anywhere else, such as any form of social media, which damages or negatively affects our business and/or reputation; and/or
5. Problems with your account
5.1 You agree that you will use all reasonable efforts to try and discover and fix any problems with your account, before you contact us. If you have already made all reasonable efforts to try and fix any problems with your account, then you can contact us and we will try to fix it for you. We will use our best efforts to fix the problem, for you, as soon as we can. However, you agree that we are not responsible for any costs you need to pay and/or losses you suffer because you were not able to use or access your account.
6. Your information
6.1 Any information about you that we keep will be stored on a secure server.
6.2 We have a secure domain and have security measures in place (including encryption and Secure Socket Layers to protect your personal information from loss, misuse, unauthorized access, modification or disclosure).
6.3 We will take all reasonable steps to destroy or de-identify personal information when it is no longer needed. However, you agree that we do not guarantee or ensure the complete security of information you give to us. You agree that any information provided to us is provided at your own risk.
6.4 You agree that we are not responsible for any tampering with, or hacks to our system by third parties.
7. Communications with you
7.1 All communications we have with you will be through the telephone number and/or email you provide us, or your account with us.
7.2 You agree to check your account, your telephone and/or your email from time to time, for any communications from us. You agree that you will ensure there is enough storage space in your email and/or in your telephone to receive any of our communications.
7.3 You agree that we are not responsible for any losses you suffer because you did not receive any correspondence from us, for any reason.
8. Our website
8.2 You agree that we are not responsible in any way for:
(a) any errors, bugs or other issues on our website;
(b) any viruses transferred to your mobile phone, tablet, computer and/or other electronic device from our website;
(c) any damage caused to your mobile phone, tablet, computer and/or other electronic device from our website; or
(d) any interruptions in your use or access of the website.
8.3 You must not attempt to change our website in any way.
8.4 You must not try to disable or interfere with any of the security features in our website. This includes, but is not limited to:
(a) downloading any data;
(b) downloading and/or changing the source code;
(c) sending us malicious programs or viruses; or
(d) interfering with any of our electronic, cloud, computer or other systems.
8.5 Our website may contain links to other websites. These are linked only for the convenience of our customers. Your use of third party websites is entirely at your own risk. You agree that we are not:
(a) endorsing the products or services offered on third party websites that we link to;
(b) responsible in any way for the content of any third party websites; or
(c) responsible for any viruses downloaded on to your mobile phone, tablet, computer and/or other electronic device from any third party websites.
8.6 We make no representation and disclaim all liability, express or implied, as to the accuracy, validity, suitability, legality or otherwise of any of the materials or information on third party websites.
9. Intellectual property rights
9.1 All intellectual property rights (including, but not limited to, brand names, logos, layouts, trademarks, service marks, trade names, designs, copyright and/or domain names) are reserved and are exclusively owned by us or the business partners whose products are shown on our website.
9.2 You cannot use any of the intellectual property on our website in a manner which is likely to cause confusion or mislead customers without first obtaining our written permission of and/or the permission of our business partners.
9.3 You must not change, copy, reproduce, screen shot, post or distribute any content in and/or on our website to another party, without first asking for and obtaining our written permission.
10. Breach of terms
11. International use
11.1 If you are using our website from a country other than Australia, you are responsible for following that country’s laws relating to the access and use of our website.
12.1 All of the content on our website is general information only and is not advice.
12.2 You may wish to obtain advice on any information you see on our website.
15. Entire agreement
16. Uncontrollable events
16.1 You agree that we are not responsible for not performing our obligations or any delays in performing our obligations due to reasons out of our control including, but not limited to, riots, terrorism and natural disasters.
17. Dispute resolution
17.1 If a dispute between you and us arises, you agree to use your best efforts to resolve that dispute with us without resorting to Court or Tribunal action of any sort.
17.2 If the dispute cannot be resolved within 10 business days of us trying to solve the issue with you, a mediator may be appointed to resolve the dispute. Mediation will be conducted by an independent mediator appointed by us and you agreeing or, if no agreement is reached within 5 business days, a person appointed by the President of the Institute of Arbitrators and Mediators, Australia. You will be solely responsible for all of the costs of mediation.
18. Governing law & jurisdiction
19. Exclusion of liability
19.1 We exclude all liability to you, to the maximum extent allowed by law. This includes any liability relating in any way to any material and/or use of our website or the availability of our website or any content.
19.2 While we make all efforts to include accurate and up to date information on our website, we make no warranties or representations regarding the content of our website. To the maximum extent allowed by law, we shall not be found liable in any manner for direct, indirect, incidental, consequential, loss of data, income or profit, punitive damages and/or claims of third parties resulting from the use of, access to, or inability to use the information and/or the products offered on our website or any damages arising out of or in connection with the use of our website.
19.3 We assume no responsibility and should not be liable for any damages to or viruses that may infect your computer equipment or other property on account of your access to, use of or browsing in our website or your downloading of information from our website.