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Mamay Pty Ltd (ABN 37149959384) trading as SM Cosmetics Privacy Policy is presented below.
This Privacy Policy applies to the products, services, website(s), mobile application(s) provided and/or the business conducted, by Mamay Pty Ltd or SM Cosmetics and explains how we handle Personal Information and comply with the requirements of Australia’s Privacy Act Privacy Act 1988 or ("Privacy Act"). Mamay Pty Ltd or SM Cosmetics is responsible for the security and privacy of the Personal Information of its customers and users of its website(s) (such as www.smcosmetics.com.au) and of Mamay Pty Ltd or SM Cosmetics’s mobile application(s).
This Privacy Policy explains how we collect, use, disclose and/or process the Personal Information you have provided to us or that we have with us, as well as enable you in making informed decision before providing us with any of your Personal Information. The term “Personal Information” refers to information that is related to you as an identifiable individual, defined under the Privacy Act to mean any information or an opinion about an identified individual, or an individual who is reasonably identifiable whether the information or opinion is true or not (“Personal Information”). We may collect your name, address, telephone number, email address, date of birth, gender, credit card details, Beauty Profile information, photographs, personal images, device ID, operating system or version, information about your purchases or preferences, and any other information collected by us where you are identified or identifiable.
If you have any queries about this Privacy Policy or any issues related to on how we may manage, protect and/or process your Personal Information, please contact our Online Sales Manager through: online@smcosmetics.com.au.
This Privacy Policy is subject to Australian laws.
1.1. We may collect Personal Information from you through various means, including but not limited to instances when you: register and create an account with us online; download or access our mobile APP; · agree when asked to access your country/region; apply for a membership of our Loyalty Program, or access your existing loyalty points online from our website; ·participate in a promotion or other website activities;· request for a product or services we provide; receive any marketing, promotional or other types of communications; ·provide your ratings and review of products as a customer;·make purchases from our retail shops or online; make enquiries through online@smcosmetics.com.au; and/or interact with our sales staff physically in our stores via sign-up pads.
1.2 You have no obligation to provide any of the Personal Information requested by us. However, depending on circumstances, there could be some restrictions to the products and services we sell or provide to you.
2.1 Mamay Pty Ltd or SM Cosmetics will/may collect, use, disclose and/or process your Personal Information for one or more of the following purposes:
(a) administering, facilitating, processing and/or dealing in any matters relating to your use or access of our online system when you:
(i) gain access to or sign into our website, using your login credentials of a Social Networking Site,
(ii) use any features of a social networking such as its widgets, plug-ins and browser push notifications, made available to you on our website
By consenting to (i) or (ii) above, you allowing the collection, use or disclosure of your Personal Information;
(b) monitoring, processing and/or tracking your use of the website in order to assist us in improving your experience in using our online portal;
(c) assessing and processing your request for the purchase of and/or subscription to our products and/or services;
(d) registering you as a customer of Mamay Pty Ltd or SM Cosmetics and/or to deal with, process and/or administer the account that you may open with us, including to facilitate your transactions or activities on the website, or your transactions or activities with us;
(e) administering, facilitating, processing and/or dealing with your relationship with us, any transactions or activities carried out by you on the website or at our retail stores. This includes processing your application, orders and payment transactions; implementing transactions and the supply of products and/or services to you that you have requested. In the case of purchase made to be delivered to a third-party recipient, you consent to us disclosing Personal Information that identifies you, to the said third party recipient such your name. Further, you acknowledge and agree that delivery of your purchase could involve disclosure of certain Personal Information about you to bring about delivery of the same such as your name and contact details, which may be disclosed on the cover of the parcel, on an envelope or a delivery related document, as the case may be, which could be seen by third parties who view such parcel, envelope or said document;
(f) processing your instructions or responding to any enquiry given by you or on your behalf including responding to your customer service enquiries and complaints; or responding to or dealing with your interactions with us;
(g) communicating with you via phone/voice call, text message, email and/or postal mail for the purposes of administering and/or managing your use of our online system, your loyalty status and/or account with us, your relationship with us or any transactions made by you with us. You acknowledge and agree that such communication by us could be by way of the mailing of correspondence, documents or notices to you, which could involve disclosure of certain Personal Information about you to bring about delivery of the same as well as on the external cover of envelopes/mail packages;
(h) providing services to you as our account holder, as our customer, as a member of our loyalty program(s) or when requested by you; dealing with or administering your participation in contests and social events organized by us;
(i) sharing or disclosing (at our discretion) your suggestions, comments, feedback or content (including audio, video etc.) that you provide through Social Networking Sites, to the Site or to us (including at the retail stores), with other users of the Site or with the public, for publicity and/or promotion purposes with a view to marketing or showcasing the business of Mamay Pty Ltd or SM Cosmetics, and/or to acquiring customers, and/or for the purpose of providing the public with your Feedback which may be useful for the public’s purchasing decision or for the public’s information or otherwise. This includes us disclosing your name together with your Feedback. Without limiting the generality of the foregoing, in the above regard, your Feedback and name may/will be published or shared by us on public media platforms such as the newspaper, the Internet, in our (including our affiliates’) annual reports (if any) etc., and/or incorporated as part of Mamay Pty Ltd or SM Cosmetics marketing collaterals/materials or corporate video to be disclosed to the public, and you hereby consent to the same. If you wish to give us your Feedback for our internal use, please separately send to online@smcosmetics.com.au and put the subject of your email with the word “Confidential”;
(j) where you have provided your consent to us, whether such consent was obtained through the website, the retail store(s) or otherwise, sharing your Beauty Personal Information with or disclosing your Beauty Personal Information to other users of the website or with/to the public, through the website or any other media (whether print, online or otherwise) or communication platform as we so choose, at our discretion, such as but not limited to as part of Mamay Pty Ltd or SM Cosmetics’s marketing collaterals/materials or corporate video. “Beauty Personal Information” includes your name, skin type/ concerns, eye colour, hair colour and type and other information which you provide;
(k) to prevent or investigate any fraud, unlawful activity or omission or misconduct, whether or not there is any suspicion of the aforementioned; dealing with and/or investigating complaints;
(l) complying with or as required by any request or direction of any governmental authority (whether Australia or foreign country/region) which we are expected to comply with; or responding to requests for information from public agencies, ministries, statutory boards or other similar authorities (including but not limited to the Australian Border Force and Australian State or Territory Ministries of Health). For the avoidance of doubt, this means that we may/will disclose your Personal Information to such parties upon their request or direction;
(m) conducting business research, surveys, market surveys, analysis and/or development activities (including but not limited to data analytics, surveys and/or profiling) to improve our services and facilities, or to improve our understanding of your interests, concerns and preferences, in order to enhance any continued interaction between yourself and us connected or in relation to the website, or improve any of our products or services. You consent to receiving surveys or requests for a face-to-face interview survey, by way of email or postal mail;
(n) facilitating, dealing with and/or administering external audit(s) or internal audit(s) of the business of Mamay Pty Ltd or SM Cosmetics
(o) to upgrade and maintain our information technology systems, including to store and process Personal Information in computer databases and servers located within and outside Australia;
(p) de-identification of your Personal Information. In this regard, you acknowledge that Personal Information that has been de-identified is no longer Personal Information and the requirements of the Privacy Act would no longer apply to such data;
(v) record-keeping purposes and producing statistics and research for internal and/or statutory reporting and/or record-keeping requirements, of Mamay Pty Ltd or SM Cosmetics or of its sister corporations; and
2.2 For the avoidance of doubt, you acknowledge and consent to Mamay Pty Ltd or SM Cosmetics sharing de-identified information such as but not limited to in the following circumstances. For the further avoidance of doubt, the Privacy Act does not apply to de-identified information that does not identify an individual and the Privacy Act does not provide you with a right to object to an organisation handling or processing de-identified information:
(a) Aggregate information. We may share de-identified aggregate information about our customers with advertisers and marketing partners;
(b) Behavioural-based advertising. A third party may use technology to collect de-identified information about your use of our website so that they can provide advertising about products and services tailored to your interest. That advertising may appear either when you are using the website, or using the Internet or your mobile device to visit other websites.
3.1 Mamay Pty Ltd or SM Cosmetics may/will need to disclose your Personal Information to third parties, whether located within or outside Australia, for one or more of the above Purposes, as such third parties, would be processing your Personal Information for one or more of the above Purposes. In this regard, you hereby acknowledge, agree and consent that we are permitted to disclose your Personal Information to such third parties (whether located within or outside Australia) for one or more of the above Purposes and for the said third parties to subsequently collect, use, disclose and/or process your Personal Information for one or more of the above Purposes. Without limiting the generality of paragraph 2, such third parties include:
(a) our related companies and affiliates either in Australia or overseas including the countries/regions listed in Appendix A to this Privacy Policy;
(b) any of our agents, contractors or third-party service providers that process or will be processing your Personal Information on our behalf or otherwise, including but not limited to those which provide administrative or other services to us such as mailing houses, call centres, telecommunication companies, logistics companies, information technology companies and data centres;
(c) our business partners;
(d) any actual or proposed assignee or transferee of the business of Mamay Pty Ltd or SM Cosmetics, or a merged entity in the event Mamay Pty Ltd or SM Cosmetics is merged to create the said merged entity;
(e) any other person to whom such disclosure is required by law or regulatory requirement or pursuant to a court order;
(f) third parties to whom disclosure by Mamay Pty Ltd or SM Cosmetics is for one or more of the Purposes and such third parties would in turn be collecting and processing your Personal Information for one or more of the Purposes.
3.2 We will provide our preferred service providers with the information they need to perform their services and work with them to respect and protect your Personal Information. We require our service providers to adhere to strict privacy guidelines and not to use your Personal Information for unauthorised purposes.
3.3 Where your Personal Information is to be transferred out of Australia, we will comply with the Privacy Act in doing so. This includes taking reasonable steps to ascertain that the overseas recipient organisation of the Personal Information will not breach the Privacy Act in relation to the Personal Information.
4.1 Should you provide Mamay Pty Ltd or SM Cosmetics with Personal Information of individual(s) other than yourself; you represent and warrant to Mamay Pty Ltd or SM Cosmetics and you hereby confirm that:
(a) prior to disclosing such Personal Information to us, you would have and had obtained consent from the individuals whose Personal Information are being disclosed to us, to:
(i) permit you to disclose the individuals’ Personal Information to Mamay Pty Ltd or SM Cosmetics for the Purposes; and
(ii) permit Mamay Pty Ltd or SM Cosmetics to collect, use, disclose and/or process the individuals’ Personal Information for the Purposes, as set out in paragraph 2 above;
(b) any Personal Information of individuals that you disclose to us is accurate; and
(c) you are truly acting on behalf of such individuals and that you have the authority of such individuals to provide their Personal Information to Mamay Pty Ltd or SM Cosmetics and for Mamay Pty Ltd or SM Cosmetics to collect, use, disclose and process such Personal Information for the Purposes.
5.1 You may request to access and/or correct your Personal Information currently in our possession or control by submitting a written request to us. We will need enough information from you in order to ascertain your identity as well as the nature of your request, to deal with your request. Please submit your written request to online@smcosmetics.com.au.
5.2 For a request to access Personal Information, once we have sufficient information from you to deal with the request, we will seek to provide you with the relevant Personal Information within 14 days. Where we are unable to respond to you within the said 14 days, we will notify you of the soonest possible time within which we can provide you with the information requested. The Privacy Act exempts certain types of Personal Information from being subject to your access request.
5.3 For a request to correct Personal Information, once we have sufficient information from you to deal with the request, we will deal with your request in compliance with the Privacy Act, including correct your Personal Information within 14 days. Where we are unable to do so within the said 14 days, we will notify you of the soonest practicable time within which we can make the correction. Note that the Privacy Act exempts certain types of Personal Information from being subject to your correction request as well as provides for situation(s) when correction need not be made by us despite your request.
5.4 We may also charge you a reasonable fee for the handling and processing of your requests to access your Personal Information. If so, we will provide you with a written estimate of the fee. Please note that we are not required to respond to or deal with your access request unless you have agreed to pay the fee.
6.1 You may withdraw your consent for the collection, use and/or disclosure of your Personal Information in our possession or under our control by submitting your request to online@smcosmetics.com.au.
6.2 We will process your request within a reasonable time from such a request for withdrawal of consent being made, and will subsequently not collect, use and/or disclose your Personal Information in the manner stated in your request, unless Australian laws allow us to.
6.3 However, your withdrawal of consent could result in certain legal consequences arising from such withdrawal. In this regard, depending on the extent of your withdrawal of consent for us to process your Personal Information, it may mean that we may not be able to fulfill the transaction you have entered into with us or continue with your relationship with us, or send
you information that you have requested, as examples depending on the circumstances.
7.1 We will make sure that your Personal Information is kept confidential and secure, and to take appropriate technical and organisational measures to prevent unlawful or accidental destruction, accidental loss, unauthorized disclosure or access or other unlawful forms of processing. We will not rent, trade, distribute or sell any Personal Information that you give us to any third party unless we receive your prior consent or applicable law permits the same.
7.2 We will do everything necessary to ensure that your Personal Information is accurate and complete, when we use your Personal Information to make a decision that involves you, or disclosed to another organisation. However, this means that you must also update us of any changes in your Personal Information that you had initially provided us with. We will not be responsible for relying on inaccurate or incomplete Personal Information arising from you not updating us of any changes in your Personal Information that you had initially provided us with.
7.3 We will make sure that your Personal Information in our possession is destroyed and/or de-identified as soon as it is reasonable to assume that (i) the purpose for which that Personal Information was collected is no longer being served by the retention of such Personal Information; and (ii) retention is no longer necessary for any other legal or business purposes.
Our website contains areas where you can open an account or register to get products and services from our company. During the registration process, you must provide us your complete address, your name, and a valid email address, etc. While using your account, it is your responsibility to keep your password strictly confidential.
Our privacy practices will be continuously assessed against new technologies, business practices and our customers’ needs. As we update and diversify our services, our Privacy Policy may evolve. Mamay Pty Ltd or SM Cosmetics reserves the right to change its Privacy Policy at any time and notify you an updated version of the policy via email, SMS texts or posting it on our website.
You can send if you have any queries about it or receive updated version by email to online@smcosmetics.com.au.
10.1 If you have any queries relating to our Privacy Policy, or if you wish to request for access to or correction of your Personal Information or to withdraw your consent, please contact or send your request to our online sales manager by email to online@smcosmetics.com.au.
10.2 You may also contact us using above contact if you have a complaint about a possible breach of Australian privacy law. We will investigate your complaint and will respond to you in writing as soon as possible.
11.1 Your consent that is given pursuant to this Privacy Policy is additional to and does not supersede any other consents that you provided to Mamay Pty Ltd or SM Cosmetics with regard to processing of your Personal Information.
11.2 For the avoidance of doubt, in the event that Australian law permits an organisation such as us to collect, use or disclose your Personal Information without your consent, such permission granted by the law shall continue to apply.
COUNTRIES/REGIONS IN WHICH OVERSEAS RECIPIENTS ARE LIKELY TO BE LOCATED
Australia; United Arab Emirates, Saudi Arabia, Ethiopia, Kenya, USA, Brazil, New Zealand