1.1 Collection of your personal information
For the purposes of this Policy and under the Privacy Act, "personal information" is defined as any information or an opinion about an individual whose identity is apparent, or can reasonably be ascertained, from that information or opinion. In order to provide our products and services to you, we may hold and use your personal information including your name and address, and other information that you supply to us. We will only collect your personal information in accordance with the NPPs by lawful and fair means, without unreasonable intrusiveness and only where necessary for activities related to the provision of our products and services to you (Primary Purpose). We may also use your personal information collected for the Primary Purpose in order to facilitate your participation in our loyalty programs which form part of our marketing communications. Please inform us if you do not wish to participate in our loyalty programs or receive marketing communication from us and we will take steps to remove you from these campaigns. Some information that we obtain through collecting your personal information may be used on our Facebook site or other social networking sites. However, we will not use or disclose your personal information that identifies you to these third parties.
1.2 Collection of your personal information
When you visit our Website, the server may attach a "cookie" to your computer's memory. A "cookie" assists us to store information about how visitors to our Website use it and to make assumptions about what information may be of most interest to you. However, this information is not linked to any personal information you may provide and cannot be used to identify you. You should be able to configure your computer so that it disables "cookies" or does not accept them.
2. Use and disclosure
2.1 Our use and disclosure
We will only use and disclose your personal information for the Primary Purpose. However, there are certain circumstances where we may use and disclose your personal information for reasons other than for the Primary Purpose. These circumstances include where:
(a)your personal information is used/disclosed for a purpose directly related to the Primary Purpose and it would be reasonable to expect that we would use or disclose your information for a secondary purpose; or
(b)we have obtained your consent; or
(c)your personal information is used/disclosed for a purpose directly related to the Primary Purpose and it would be reasonable to expect that we would use or disclose your information for a secondary purpose; or
(i)it is impracticable for us to obtain consent from you prior to using your personal information; and
(ii)you have not requested that we refrain from sending you direct marketing communications; and
(iii)each direct marketing communication contains a notice indicating that you can advise us that you do not wish to receive further direct marketing communications; and
(iv)each direct marketing communication sets out the contact details of the organisations involved; or
(d)we reasonably believe that use/disclosure is necessary to lessen or prevent:
(i)a serious and imminent threat to your life, health or safety;
(ii)a serious threat to public health or public safety; or
(e)we have reason to suspect unlawful activity has been, is being or may be engaged in, and the use/disclosure of the information is a necessary part of our investigation into the matter or in reporting our concerns to relevant authorities; or
(f)disclosure occurs for a purpose permitted, required or authorised by law; or
(g)we reasonably believe that use/disclosure is necessary to lessen or prevent:
(i)the prevention of crime or enforcement of criminal law;
(ii)the protection of public revenue; or
(iii)the prevention, detection, or investigation of seriously improper conduct or prescribed conduct; or
(iv)(iv) the preparation for, or conduct of, proceedings before any court or tribunal, or implementation of the orders of a court or tribunal.
Note: If we use or disclose personal information contemplated by this clause 2(h), we will provide a written notice of our use or disclosure to you.
2.2 Third Parties
(a)We will not disclose your personal information to any third party other than as set out in this Policy.
(b)If we disclose your personal information to third parties in accordance with the terms of this Policy, we will take reasonable steps to ensure that those third parties comply with the NPPs when handling your personal information, regardless of whether they are required to do so by law.
(c)We will not sell, rent or trade your personal information to or with third parties.
(d)Our Website may direct you to websites operated by third parties such as Facebook and other social networking sites (Linked Sites). We are not responsible for the content or practices of the Linked Sites nor their privacy policies regarding the collection, storage, use and dissemination of your personal information. We encourage you to always read the applicable privacy statement of any Linked Site before using it.
3. Data quality
We will take reasonable steps to ensure that any of your personal information we collect, use or disclose is accurate, complete and up-to-date.
4. Data security
We will take reasonable steps to:
(a)protect your personal information from misuse, loss, unauthorised access, modification, or disclosure; and
(b)destroy or permanently de-identify your personal information if it is no longer needed.
Upon your request, we will take reasonable steps to let you know what sort of personal information we hold about you, for what purpose it is held, and how we collect, store, use and disclose that personal information.
6. Access and correction
(a)providing access would pose a serious and imminent threat to the life or health of any individual; or
(b)in the case of health information, providing access would pose a serious threat t o the life or health of any individual; or
(c)providing access would have an unreasonable impact upon the privacy of other individuals; or
(d)the request is frivolous or vexatious; or
(e)the information relates to existing or anticipated legal proceedings between us and you, and the information would not be accessible by the process of discovery; or
(f)providing access would reveal our intentions in relation to negotiations with you in such a way as to prejudice those negotiations; or
(g)providing access would be unlawful; or
(h)denying access is required or authorised by or under law; or
(i)providing access would be likely to prejudice an investigation of possible unlawful activity; or
(j)providing access would be likely to prejudice:
(i)the prevention, detection, investigation, prosecution or punishment of criminal offences, breaches of a law imposing a penalty or sanction or breaches of a prescribed law; or
(ii)the enforcement of laws relating to the confiscation of the proceeds of crime; or
(iii)the protection of the public revenue; or
(iv)the prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct; or
(v)the preparation for, or conduct of, proceedings before any court or tribunal, or implementation of its orders, by or on behalf of an enforcement body; or
(k)an enforcement body performing a lawful security function asks us not to provide access to your information on the basis that providing access would be likely to cause damage to the security of Australia.
6.2Charge for onerous requests access
We reserve the right to charge you a reasonable fee for processing your request for access to personal information if that request is onerous.
6.3Charge for onerous requests access
We reserve the right to charge you a reasonable fee for processing your request for access to personal information if that request is onerous.
We will not use or disclose an identifier (e.g. driver’s licence number) assigned to you by a government agency unless:
(a)use or disclosure is necessary for us to fulfil our obligations to the agency; or
(b)we reasonably believe that use/disclosure is necessary to lessen or prevent:
(i)a serious and imminent threat to an individual’s life, health or safety or a serious threat to public health or public safety; or
(ii)we have reason to suspect unlawful activity has been, is being or may be engaged in, and the use/disclosure of the information is a necessary part of our investigation into the matter; or
(iii)disclosure occurs for a purpose permitted, required or authorised by law; or
(iv)disclosure occurs in relation to the enforcement of criminal law; a law imposing a pecuniary penalty; the protection of public revenue; the prevention, detection or investigation of seriously improper conduct or prescribed conduct.
Wherever it is lawful and practicable, you have the option of not identifying yourself when entering into transactions with us. However, to do so may affect our ability to provide our services to you.
9. Transborder data flows
We may transfer your personal information to someone who is in a foreign country if:
(a)we reasonably believe that the recipient is subject to a law, binding scheme or contract which effectively upholds principles for fair handling of the information that are substantially similar to the NPPs; or
(b)you have consented to the transfer; or
(c)the transfer is necessary for the performance of a contract between you and us, or for the implementation of pre-contractual measures taken in response to your request; or
(d)the transfer is necessary for the conclusion or performance of a contract concerning you, between us and a third party; or
(e)the following apply:
(i)the transfer is for your benefit; and
(ii)it is impracticable to obtain your consent to that transfer or if it were practicable to obtain such consent, you would be likely to give it; or
(f)we have taken reasonable steps to ensure that the information which we have transferred will not be held, used or disclosed by the recipient of the information inconsistently with the NPPs.
10. Sensitive information
10.1 Sensitive Information
For the purposes of this Policy, "sensitive information" is information or an opinion that reveals racial/ethnic origin, political opinions, membership of a political association, religious/philosophical beliefs, membership of a professional or trade association, sexual preferences or practices, criminal records or details relating to health or genetics (Sensitive Information). We will not collect, use or disclose your Sensitive Information unless:
(a)we have obtained your consent; or
(b)we are required to do so by law; or
(c)the collection is necessary to prevent or lessen a serious and imminent threat to the life or health of any individual, where the individual whom the information concerns:
(I)is physically or legally incapable of giving consent to the collection; or
(II)physically cannot communicate consent to the collection; or
(d)the collection is necessary for the establishment, exercise or defence of a legal or equitable claim; or
(e)the information is necessary to provide a health service to you and the information is collected is required by law in accordance with rules established by competent health or medical bodies which bind our organisation; or
(f)the collection is necessary for research, compilation, and/or data analysis relevant to public health or public safety and we cannot serve our purposes through collecting information that does not identify you (and it is impracticable for us to seek your consent to such collection).
Contact Details and Additional Information
You may access our Website at any time, unless we have restricted access to perform necessary maintenance, updates or upgrades. Your ability to access our Website will otherwise depend on factors out of our control and we do not take or share any responsibility for those factors such as the quality of your internet connection and the state of your hardware. Through our Website, you may view, cache, browse, display, print or download a copy of any content featured on our Website to your computer, PROVIDED THAT it is for your personal use only and you do not hide, deface, alter or delete any copyright symbol, trade mark or other proprietary rights notice.
The content of our Website and any publications referred to on our Website is general information which is provided in good faith and as a guide only. Other than as set out in our terms and conditions of sale, we provide NO WARRANTIES in relation to the goods and services provided to you through our Website other than that apply by operation of law that cannot be excluded. The content of our Website may include opinions which are not statements of fact. Our Website content does not and is not intended to constitute individual advice (including legal or medical advice) and must NOT be relied upon. We will take reasonable care in compiling the content to be posted on our Website and made available to you. However, Vwe Pharmacy does not warrant that the availability of our Services will be free from technical inaccuracies, typographical or other errors, programming bugs, virus, interruption or interference due to factors outside of our control ( e.g. software malfunction, Internet delay or failure in transmission, Third Party Content etc.).
3. Third Party Content
The goods and services of third parties advertised or offered for sale on our Website may be the goods and services of third parties (Third Party Content). Third Party Content is not endorsed by us. Secrets will take reasonable care in compiling the content to be posted on our Website and made available to you. However, we provides Third Party Content on an "as is" basis and we are not responsible for ensuring that Third Party Content is accurate, complete and suitable for you. You must make your own enquires as to the suitability of Third Party Content.
4. Changes to Terms
We reserve the right to amend the Terms without notice at any time. Your use of our Website will represent your agreement to be bound by the Terms as amended. We recommend that each time you access our Website you read the Terms. If you register an account with Secrets, you must ensure that your registration details are true and accurate at all times. You must notify us of any changes that need to be made so that your registration details are accurate and up to date. Upon registration, we will confirm your username ID and password with you. You must not disclose these to any third party.
Our Website may from time to time contain hyperlinks to other websites. Such websites do not form part of our Website. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our Website to another website does not imply our endorsement, support, or sponsorship of the operator of that website, or our endorsement of the information and/or products which they provide. If you follow a link away from our Website, you do so entirely at your own risk.
6. Suspension or Termination of Access
We reserve the right to suspend or terminate your account or access to our Website if we notify you that you have breached any Terms and you have failed to remedy that breach within a specified time. We may suspend or terminate your account or access to our Website by providing notice to you if we reasonably believe that your continued access to and use of our Website is likely to cause us loss or damage, or we are required to do so by law.
7. No Circumvention
Where we have suspended or terminated your account or access to our Website, you must not attempt to circumvent this action by registering or attempting to register on our Website under alternative username(s).
8. Intellectual Property
Unless otherwise stated, Secrets owns or is otherwise licensed to use all intellectual property rights in this site, including the trade marks, copyright, layout and designs. Except as permitted by law, you must not copy, reproduce, transmit, display or otherwise distribute any intellectual property in whole or in part without the prior written consent of Secrets. Unless otherwise permitted by law, access to our Website is only for personal and non-commercial use, and must not be referenced, reproduced or quoted without Secrets prior written permission.
Unless stated to be otherwise, all prices stated on our Website are in Australian Dollars (AUD) and are inclusive of GST. GST means the Australian goods and services tax charged under A New Tax System (Goods and Services Tax) Act 1999 (Cth) (the GST Act). Tax Invoice has the same meaning as that defined by the GST Act.
10. Limitation of liability
Secrets will not be liable for any direct or indirect loss or damage, however caused (including through negligence) which may be suffered in connection with access to or the use of this Website or any other external linked sites. Secrets is not responsible to you or anyone else for any loss suffered in connection with the use of this Website, any of its content, or for any loss incurred as a result of damage to your or another person’s computer system or the transmission of any computer viruses. Except as required by law, the content on this Website is provided without any express or implied representation or warranty. Secrets excludes all implied conditions and warranties relating to the content of this Website to the extent permitted by law. Where liability cannot be excluded, any liability incurred by Secrets in relation to the use of this Website or the content is limited as provided under the Competition and Consumer Act 2010 (Cth). Under no circumstances will Secrets be liable for any incidental, indirect or consequential damages, including damages for loss of opportunity, loss of business or loss of profits arising from the use of this Website.
These Terms may only be varied by written agreement between you and Secrets. If any part of these Terms is held illegal, unenforceable or void, that part shall be severed and the remainder of these Terms will continue in full force and effect. No waiver of any breach of these terms will be construed as a waiver of any other breach of these Terms. Except as otherwise set out herein, all implied conditions, statements or warranties, statutory or otherwise, are excluded to the fullest extent permitted at law. Secrets shall not be liable for any failure to perform its obligations under these Terms due to events beyond its reasonable control including but not limited to strikes, riots, war, terrorism, plague, pestilence, fire, act of god or due to the effect of any change in applicable laws, orders, rules or regulations of any government or other competent authority. These Terms are to be governed by and construed in accordance with the laws of Queensland and any claim made by either party against the other which in any way arises out of these Terms will be heard in Queensland and you agree to submit to the jurisdiction of those Courts.