Purchasing of Merchandise
Payment: If you purchase any merchandise through Smilsky Service, you will be required to provide Smilsky Service information regarding your credit card or other payment instrument. You represent and warrant to Smilsky Service that such information is true and that you are authorized to use the payment instrument. You will be responsible for all taxes associated with your purchase of merchandise through the Service.
Loss and Cancellation: Title and risk of loss for all merchandise ordered by you will pass to you on our delivery to the shipping carrier. We reserve the right to cancel any order for any merchandise for any reason.
Smilsky is committed to protecting your privacy. At Smilsky, we never share our customer’s data with third party in any ways. We use the information that you provide for such purposes as responding to your requests, customizing future shopping for you, improving our stores, and communicating with you. We always try to personalize and continually improve your Smilsky shopping experience.
Our Policy explains what information we collect on the Website, how we use and/or share this information, and how such information is maintained by us. By using this Website, you signify your acceptance of this Policy. If you do not agree to the terms of this Policy, in whole or part, you should not use this Website. Please note that this Policy applies only with regard to the information collected on the Website and not any information collected or obtained through other methods or sources.
Our Policy ensures that any information you provide us remains private and secure. To reassure you, below we provide details of the information you provide to us, and how it will and, more importantly, will not be used. We will never collect sensitive information about you without your explicit consent. The information we hold will be accurate and up to date. You can check the information that we hold about you by contacting us (and there may be an administrative fee payable for this). If you find any inaccuracies we will delete or correct it promptly.
Personal Identifiable Information – Collection of PII that we collect
We collect personally identifiable information (“PII”) that is volunteered during Registration or in response to specific information requests explicitly presented to you.
We may also collect your IP (Internet Protocol) address to help diagnose problems with our server, and to administer this Website. An IP address is a number that is assigned to your computer when you use the Internet. Your IP address is also used to help identify you during a particular session and to gather broad demographic data.
We may ask for your e-mail address during your use of the Website. Also, to purchase Vouchers you may be requested to provide any or all of the following PII: first and last name, postal address, e-mail address, date of birth, telephone number and details of a payment mechanism, such as credit card details.
Use and Sharing of PII
All PII is retained in accordance with the Data Protection Act 1998 and other applicable data protection laws in Australia.
We use PII to provide you with information about Smilsky, to properly provide you with the Service and for marketing ourselves to you. It is our policy not to sell or pass any PII to any third party organizations (outside our group companies) unless we are required to do so for fraud prevention and detection. We will never sell or rent your PII to anyone else for their marketing or any other commercial purposes without your prior consent.
However, we may pass your PII to our agents and subcontractors to help us with any of our uses of your data set out in this Policy. For example, we may use third parties to provide us with marketing or customer service assistance or send it to a credit card provider to process a payment.
We also always reserve the right to disclose PII in order to:
(a) comply with applicable laws;
(b) respond to governmental enquiries (or enquiries from a legal, governmental or quasi-governmental or local authority agency or Internet protection agency of any type);
(c) comply with a valid legal process or procedure;
(d) protect our rights or property, this Website, and/or other users of this Website.
Please note that as part of any PII sharing which we list above, we may send your information internationally including to countries outside the European Economic Area. Some places outside of the EEA may not have adequate data protection laws at all or may offer differing levels of protection of personal information which are not as high as in Australia. By submitting PII to us, you acknowledge that provided we have used your data in the ways set out in this Policy, we cannot be held responsible for any use of your data by third parties who receive and process your data.
Please note that we may email you for the following purposes:
As part of the Service. For example, we send (or may send) emails to you in some of the following example circumstances:
- – After Registration, notifying you of your account details;
- – As reminder emails about the services we offer (particularly if you have not used them yet or not used them for a while);
- – To send you information or Vouchers which you have asked for;
- – As a newsletter;
- – As promotional emails;
- – To offer related services to you from Smilsky
However, in terms of any marketing or promotional emails we may send, we will always give you the chance to opt-out (or unsubscribe) from them in the future.
Security and Retention
The PII which we hold will be held securely within our systems in accordance with our internal security policy and the law. We hold data until 3 years after it is last accessed or used by us.
Regarding information transmitted between the Website and and/or users, while we take reasonable precautions to safeguard this information, we may be unable to prevent unauthorized access to such information by third parties or inadvertent disclosure of such information during transit. Users acknowledge this risk when communicating with the Website.
Transfer in Certain Circumstances
If there is a sale, merger, consolidation, change in control, transfer of substantial assets, reorganization or liquidation or Smilsky then, in our sole discretion, we may transfer, sell or assign information collected on and through this Website (including, without limitation, PII and other information), to one or more relevant third parties.
If you have any questions or concerns, or if you wish to request access to your personal information held by Smilsky, please feel free to contact us.
When purchasing products from this Website, the Customer acknowledges and accept the payment of the products will be transferred to third-party operated payment systems. The Customer’s basic financial information may be disclosed to the third-party operated payment systems and its operating/controlling entity.
All information received by the third-party operated payments systems and its operating/controlling entity shall be managed in accordance with its Privacy Statement and Terms and Conditions found HERE. The Customer waive all rights to bring legal proceedings against the third-party operated payment systems and its operating/controlling entity in regards to the entity’s capacity to receive payments for the operation of the Website in relation to products supplied by the Website operator as a result of payment from the Website.
Changes to this Policy
Please note that this Policy forms part of the Terms & Conditions for use of this Website and forms part of the Agreement between you and us. We may, from time to time, amend this Policy, in whole or part, in our sole discretion. Any changes to this Policy will be effective immediately upon the posting of the revised policy on the Website. Depending on the nature of the change, we may announce the change: (a) on the home page of the Website, or (b) by email, if we have your email address. However, in any event, by continuing to use the Website following any changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, you must terminate your use of the Website.
Smilsky Service’s Proprietary Rights
Service Content, Software and Trademarks: You are only authorized to use the Smilsky Service for the purpose of engaging in business transactions with Smilsky. You may not use any automated technology to scrape, mine or gather any information from Smilsky Service Service or otherwise access the pages of v Service for any unauthorized purpose. If you are blocked by Smilsky Service from accessing Smilsky Service Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). The technology and software underlying the Smilsky Service or distributed in connection therewith are the property of Smilsky, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software.
Smilsky Service may contain images, artwork, fonts and other content or features (“Service Content”) that are protected by intellectual property rights and laws. Except as expressly authorized by Smilsky, you agree not to modify, copy, frame, rent, lease, loan, sell, distribute or create derivative works based on the Smilsky Service or the Service Content, in whole or in part. Any use of the Smilsky Service or the Service Content other than as specifically authorized herein is strictly prohibited. Any rights not expressly granted herein are reserved by Smilsky.
The Smilsky name and logos are trademarks and service marks of Smilsky(collectively the “Smilsky Trademarks”). Other company, product and service names and logos used and displayed via the Smilsky Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Smilsky. Nothing in these Terms of Service or the Smilsky Service should be construed as granting any license or right to use any of Smilsky Trademarks displayed on the Smilsky Service, without our prior written permission in each instance. All goodwill generated from the use of Smilsky Trademarks will inure to Smilsky’s exclusive benefit.
Third Party Material: Under no circumstances will Smilsky be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content or materials. To the maximum extent permitted under applicable law, the third party providers of such content and materials are express and intended third party beneficiaries of these Terms of Services with respect to their content and materials.
Smilsky may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Smilsky, its users or the public.