Privacy Policy

Privacy Policy

Mud Australia website located at https://mudaustralia.com (Website) is operated by Mud Australia Pty Ltd (ACN 057 307 687) who is referred to in this Privacy Policy as “we”, “us”, “our” and similar grammatical forms.

We treat every Customer of ours with respect and integrity. Our privacy practices are transparent and non-discriminatory.

By purchasing Goods from our Website, you acknowledge that you have read this Privacy Policy, you agree to it and you are consenting to our collection, use, disclosure, retention and protection of your Personal Information as described in this Privacy Policy.

1. Definitions

Unless stated otherwise in this Privacy Policy,

a) Customer or you/your means the individual whose Personal Information is collected when Goods are ordered from us;

b) Personal Information means any information about an individual whose identity is apparent, or can reasonably be ascertained, from the information;

c) Processing/Process means use of Personal Information for the purposes of order fulfilment, billing, marketing, logistics, fraud prevention and any other purpose that is considered support for our day-to-day operations.

d) Website means the website located at https://mudaustralia.com.

2. Am I eligible to use the Website?

This Website and Mud Australia’s general audience and services are not directed to children under the age of 13, and we do not knowingly collect personal information form children under the age of 13. If you are under the age of 13, you are not permitted to use this Website.

3. What Personal Information do we collect?

The type of Personal Information we collect from you will depend on what services you use on our Website.

The Personal Information we may collect from you includes but is not limited to: your first name, last name, email address, phone number, shipping address and billing address. If you make online purchases from the Website by credit card or debit card, we will collect your card details.

As payments are processed through the payment gateway provided by Stripe, Inc. (Stripe), we do not hold your financial information at any time. If you have any concerns regarding the use, disclosure or deletion of your financial information, please review Stripe’s privacy policy.

4. When do we collect Personal Information?

We collect Personal Information from you when you register for an account with us, when you place an order on our Website, subscribe to our newsletter, respond to a promotion offer, competition or survey or fill out a form related to any customer service feature operating on our Website.

We collect Personal Information with your informed consent and only that Personal Information you voluntarily provide us. We do not automatically collect your Personal Information and neither do we collect your Personal Information from third-parties.

5. Why do we need to collect Personal Information?

We collect Personal Information from you to fulfill your orders. Your Personal Information would be used to keep you informed on the status of your orders, to notify you of our products, competitions or special offers that may be of interest to you and to email you our newsletter.

We may also release your Personal Information when we believe release is appropriate to comply with the law, enforce our subscription agreements, website policies and terms & conditions, or protect ours or others’ rights, property, or safety.

6. Do we use tracking technology?

When you use our Website, we automatically collect general and non-personal information about your device, such as IP address, geolocation, hardware and software details, clicked links and content viewed when you visit our Website. This helps us to understand in which country you are located, how you use your Website, what is interesting for you and how we can improve our Website to enhance user experience.

7. Why do we use “cookies” and other web use tracking technologies?

Cookies are small text files containing a unique identification number that are placed on your devices when you visit our Website and stored in the cache of your computer.

Cookies are used to recognize your device when you next visit our Website and track certain of your activities or preferences such as pages visited, geolocation, product added to cart and products not purchased. However, it should be noted that cookies are harmless and that they cannot be used to discover or collect Personal Information.

The information collected using cookies is used for the following purposes:

1. To help us monitor the performance of our Website so that we can improve the operation of the Website and the services we offer;

2. To provide personal services to each user of our Website to make their navigation through our Website easier and more rewarding to the users; and

3. When we have permission from the user, to market the services we provide by sending emails that are personalised to what we understand are the interests of the user.

The types of cookies we use are as follows:

a) Essential cookies that help us to activate basic functions such as the shopping cart;

b) Analytics cookies that collect data and help us to develop our Website and service;

c) Marketing cookies are used for personalising the content and services across our digital touchpoints and allow us to measure the effectiveness of our advertising.

If you are unhappy about having a cookie sent to you, you can set your browser to refuse cookies or choose to have your computer warn you each time a cookie is being sent. However, if you turn your cookies off, some of our services may not function properly.

8. With whom do we share the Personal Information?

We warrant that we are both the data processor and data controller of the Personal Information and that we will not use the Personal Information in a way which is detrimental to you.

We will only disclose and grant access to the Personal Information strictly on a “need to know” basis to only such employees, agents, marketers, officers, directors, delivery agents, suppliers and contractors as need to receive the Personal Information to give effect to the Processing of the Personal Information.

We will ensure that our directors, officers, employees, delivery agents, suppliers and any professional advisers to whom the Personal Information is disclosed comply with the applicable data protection and privacy laws.

Our Website uses Stripe to provide you a payment gateway. Your information, including your Personal Information, will be shared with Stripe in order to process or support a payment for your purchase, such as: your email address, your billing/shipping address, your phone number, your city/state/post code, your unique payment identifier or your payment provider identifier. For more information, you can visit Stripe’s Privacy Policy here: https://stripe.com/au/privacy.

Our Website further uses KKBRANDS PTY LTD trading as ‘dataSights’ (dataSights) to manage and back-up our data, conduct internal reporting and to enable us to provide you with our services. In order to do this, our data, information, and potentially your Personal Information, will be shared and stored with dataSights. This will typically include: your first and last name, invoice number, email, products purchased and date purchased. By using this Website, you consent to dataSights’ receipt and storage of your Personal Information in accordance with its privacy policy, available at: https://datasights.co/privacy/.

We do not use any integrations available on the dataSights platform at this stage.

Under no circumstances will we sell or auction your Personal Information to a third-party.

9. Where do we store Personal Information?

Our Website is hosted on Amazon Web Services to ensure the highest level of security and stability of all website data including Personal Information. We store Personal Information on Amazon S3 which is located in Sydney, Australia.

Amazon Web Services uses an end-to-end approach to secure and harden its infrastructure via physical, software and operational measures. Amazon S3 offers authentication procedures to secure data from unauthorized access.

We also use a content delivery network (CDN) on our website to make our Website content readily available in your region. When you access our Website, you establish a connection with the servers of CDN through which your IP address and browser data are transmitted for making the Website readily available. Without CDN, we would not be able to provide you with an optimised and readily available website.

10. How long do we retain your Personal Information?

We store Personal Information until the purpose for which it has been collected has been achieved. We will delete Personal Information when it is no longer required.

11. How do we ensure security of Personal Information?

We use different technologies and procedures to help protect Personal Information from unauthorized access, loss, alternation, disclosure or use. Some of the safeguards we use are physical access controls, SSL certificate, firewalls, encrypted passwords and access authorisation controls to where your Personal Information is held in data centres. We also use data encryption when Personal Information is transferred to and from our service providers.

Our commitment to data security means:

• We have procedures to limit access to Personal Information within our organisation;
• We use security measures and technologies within our organisation to protect your Personal Information; and
• We use service providers that can establish that they have secure controls relating to software security, access security and network security, including where credit card information is being transferred.

12. Do we use sub-processors?

Currently, we do not use sub-processors to Process the Personal Information. If we do decide to use a sub-processor for Processing the Personal Information, we will notify you about it.

13. What happens in the event of a data breach?

If we become aware of or reasonably suspect data breaches, hacking or cyber-attacks (Security Incident), we will:

a) within 48 hours notify you in writing of the Security Incident, and provide you with all information in relation to the Security Incident;

b) promptly investigate the cause of the Security Incident and notify you of the cause in writing;

c) mitigate the impacts of Security Incident by, amongst other things, decreasing the threat level by eliminating or intercepting the adversary before they attack, blocking opportunities through enhanced security, or reducing the consequences if an attack should occur; and

d) remedy the Security Incident as soon as practicable.

14. How can you unsubscribe from our newsletter?

Even if you have given us permission to send you newsletters, you can, at any time, decide not to receive further newsletters and will be able to “unsubscribe” from that service. Our newsletters contain an “Opt-out” button at the bottom. You can unsubscribe by clicking on that button.

15. What about third party links that appear on our Website?

Our Website may include links to websites operated by third parties. We have no responsibility or liability for the content and activities of these linked websites. Nonetheless, we seek to protect the integrity of our Website and welcome any comment about linked websites.

16. What are your rights as a Customer?

As our Customer, you have the following rights:

a). Right to be informed;

b). Right to access;

c). Right to rectification; and

d). Right to erasure.

17. What about Personal Information of children?

We do not knowingly collect or use Personal Information from children under the age of 16. If we realise that we have collected or received Personal Information of a child under the age of 16, the Personal Information will be erased from our systems as soon as possible.

18. How can you access and/or correct the Personal Information we collect?

We are happy to provide you with details of Personal Information held about you.

As a Customer, you have a right to get access to, and correct, the Personal Information we hold about you. Likewise, you have a right to ask us to take reasonable steps to correct any Personal Information that is inaccurate, out of date, incomplete, irrelevant or misleading.

To access the Personal Information we hold about you, you need to email our Data Protection Officer. We will endeavour to respond to your request within 30 business days.

If you believe that your Personal Information has been misused, you can inform us of your complaint by writing to our Data Protection Officer and we will attempt to resolve the matter.

If you are not satisfied with the outcome of your complaint, you may refer the matter to the Office of the Australian Information Commissioner (OAIC).

Telephone: 1300 363 992 E: [email protected]

OAIC complaints page: http://www.oaic.gov.au/privacy/privacy-complaints

19. How do I request deletion of Personal Information?

If you would like us to delete your Personal Information, then you can lodge a request for deletion by writing to our Data Protection Officer. We will endeavour to respond to your request within 30 business days.

If for any reason we cannot delete your Personal Information, then we will advise you of the reason in writing.

20. Which laws will govern this Privacy Policy?

This Privacy Policy will be governed by and construed in accordance with the laws of the State of New South Wales, Australia.

21. What about changes to this Privacy Policy?

If we decide to change this Privacy Policy, we will inform you about it in writing via email. If you continue to use our Website and/or order goods from us, it will be assumed that you have agreed to the modifications.