WHAT WE COLLECT
We may collect, hold and process the following types of personal data:
Communication Data includes data derived from any communication that you may send to us, whether through our website, through email, text, social media messaging, social media posting or any other communication that you send us. We process this data for the purposes of communicating with you, for record keeping and for the establishment, pursuance or defence of legal claims. Our lawful basis for processing Communication Data is our legitimate interests, which in this case are to reply to communications sent to us, to keep records and to establish, pursue or defend legal claims.
Customer Data includes data relating to any purchases of products and/or services and may include data such as your name, title, billing address, delivery address, email address, phone number, contact details, purchase details and your credit card details. We process this data to supply our products and/or services to you and to keep records of such transactions. We may also use this data to improve our products and services. Our lawful basis for processing Customer Data is the performance of a contract between you and us and/or taking steps at your request to enter into such a contract.
User Data includes data about how you use our website and any services we provide together with any data that you post for publication on our website or through our services. We process this data to operate our website and our online services, to ensure relevant content is provided to you, to ensure the security of our website, to maintain back-ups of our website and/or databases, and to enable publication and administration of our website, our business and any other online services that we may provide. Our lawful basis for processing User Data is our legitimate interests which in this case are to enable us to properly administer our website, our online services and our business.
Technical Data includes data about your use of our website and online services such as your IP address, your login data, details about your browser, length of visit to pages on our website, page views and navigation paths, details about the number of times you use our website, time zone settings and other technology on the devices you use to access our website. We may source this data from our analytics tracking system. We process this data to analyse your use of our website and other online services, to administer and protect our business and website, to deliver relevant website content and advertisements to you and to understand the effectiveness of our online services and advertising. Our lawful basis for processing Technical Data is our legitimate interests, which in this case are to enable us to properly administer our website, our online services and our business, and to grow our business and to decide our marketing strategy.
Marketing Data includes data about your preferences in receiving marketing from us and our third parties and your communication preferences and may include your responses to customer surveys and/or offers. We may process this data to enable you to partake in any of our promotions, to deliver relevant website content and advertisements to you, to customise the website according to your interests and to measure or understand the effectiveness of this advertising. Our lawful basis for processing Marketing Data is our legitimate interests, which in this case are to study how customers use our products and services, to develop them, to grow our business and to decide our marketing strategy.
Sensitive Data includes data about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data. We may process this data to supply and/or recommend our products and services to you and to improve our products and services. Our lawful basis for processing Sensitive Data is our legitimate interests, which in this case are to enable us to serve our customers, to develop our products and services, to grow our business and to decide our marketing strategy.
HOW WE COLLECT INFORMATION
We will generally collect personal data about you directly through the website or any related mobile apps, or by way of correspondence you provide to us and telephone calls or meetings with you. We may also automatically collect certain data from you as you use our website or our services by using cookies and similar technologies.
Providing your information to us is voluntary. If your personal data is collected based on your consent, you may also withdraw that consent. If you choose not to provide your personal data, or if you withdraw consent, we may not be able to provide you with certain of our products or services or continue our relationship with you.
WHAT WE DO WITH THE INFORMATION WE GATHER
We will only use and process your personal data for the purpose for which it was collected (including as set out above), for a reasonably compatible purpose if necessary, or as otherwise required or permitted by law. For more information on how we process personal data, please contact us using the contact details set out below.
Before we disclose your personal data to any third party, we require each third party to respect the security of your personal data and to comply with all applicable laws in handling your personal data.
We may disclose personal data about you to:
- other companies in our group who provide services to us;
- professional advisers, such as lawyers, bankers, auditors and insurers;
- service providers and partners (including market researchers), who assist us in operating or marketing our products;
- third parties to whom we sell, transfer, or merge parts of our business or our assets; and
- any other organisation or person with your consent or as required or permitted by law.
We may disclose your personal data to recipients located outside Australia (for example, where our data hosting provider’s servers are located outside Australia). Where we disclose personal data to a third party located outside Australia, we will ensure certain safeguards are in place to ensure your personal data remains protected.
The above excludes text messaging originator opt-in data and consent; this information will not be shared with any third parties.
For transfers of personal data outside the European Economic Area (EEA)
For individuals in the European Economic Area (EEA), we may transfer your personal data to recipients located outside of the EEA. Where your personal data is transferred to a third party outside of the EEA, we put certain safeguards are in place to ensure your data is subject to a similar degree of security to the provisions of the EU General Data Protection Regulations. As such:
- we may transfer such of your personal data to countries that have been approved as providing an adequate level of protection for such data by the European Commission; or
- if we use US-based providers that are part of EU-US Privacy Shield, we may transfer such of your personal data to them, as they have equivalent safeguards in place; or
- where we use certain service providers who are established outside of the EEA, we may use specific contracts or codes of conduct or certification mechanisms approved by the European Commission which give your personal data the same protection it has under the General Data Protection Regulations.
We may request your prior express consent to a specific transfer of your personal data outside of the EEA where none of the above safeguards are available. You may withdraw this consent at any time.
HOW WE HOLD YOUR INFORMATION (SECURITY)
We are committed to ensuring that your personal data is secure. We have put in place various physical, electronic and managerial procedures to safeguard and secure the information we collect online to help protect against unauthorised access or disclosure. However, please note that no system is ever completely secure.
We may hold personal data in different ways, including in paper form, electronic form and/or in other mediums. While we have taken steps that are reasonable in the circumstances to protect the personal data we hold from misuse, interference and loss and from unauthorised access, modification or disclosure, we cannot guarantee that such misuse, interference, loss, or unauthorised access, modification or disclosure will not occur.
We may also allow our employees and partners to access your personal data where they have a business need to know such data. We require such employees and partners to only process such data on our instructions and to keep it confidential.
We retain personal data only as long as necessary to fulfil the purpose it was collected for, to provide you with our services, for our legitimate and essential business purposes (such as maintaining the performance of our services), for complying with our legal obligations, and for resolving disputes. Following this period, we will destroy or de-identify the relevant personal data.
We may de-identify your personal data or aggregate it in such a way that it cannot be used to identify you. We may disclose de-identified information for any purpose we see fit, including to advertisers and other third-parties for their commercial, marketing, research and promotional purposes.
Our de-identification procedure involves:
- removing personal identifiers;
- removing or altering other information that may allow you to be identified; and
- continuously assessing and managing the risk of re-identification.
DIRECT MARKETING COMMUNICATIONS
We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided. We may also use your personal data to contact you for market research purposes. We may contact you by email, phone, fax or mail. Our lawful basis of processing your personal data for these purposes is either your consent or our legitimate interests (namely to grow our business).
You may choose to restrict the collection or use of your personal data in the following ways:
- Whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes.
- If you have previously agreed to us using your personal data for direct marketing purposes, you may change your mind at any time by writing to or emailing us at email@example.com
We will not sell, distribute or lease your personal data to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.
LINKS TO OTHER WEBSITES
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
A cookie is a small file that asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
CONTROLLING YOUR PERSONAL INFORMATION
Under data protection laws, you have certain rights in relation to your personal data, which may include rights to access, correct or delete your personal data, have it sent to another organisation, restrict or object to its processing or complain to a regulator about how it is handled.
You may request access to personal data which we hold about you by contacting us at firstname.lastname@example.org. A small fee will be payable and we may require you to verify your identity and specify what personal data you require.
If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.
TEXT MARKETING & NOTIFICATIONS:
Last updated: Feb. 26, 2023
The Happy Way mobile message service (the "Service") is operated by Happy Way (“Happy Way”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to Happy Way’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Happy Way through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Happy Way. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP to HappyWay or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Happy Way mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
For Service support or assistance, text HELP to HappyWay or email email@example.com.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.
HOW TO MAKE A COMPLAINT
If you consider that we have breached the Privacy Act 1988 (Cth), the Australian Privacy Principles or any related privacy code (to the extent that they are applicable to us) in dealing with your personal data, you may make a complaint by contacting us at firstname.lastname@example.org and we will take reasonable steps to investigate the complaint and respond to you within a reasonable time frame.
You can also make a complaint to your local data protection authority (they will be able to advise you on how to submit such a complaint). Before you do so, we ask that you contact us first so that we can try to resolve the issue for you.