Privacy Policy

This privacy policy (Privacy Policy) sets out how Artist Guitars Pty Ltd ABN 59 160 522 574 and its related bodies corporate (as defined in the Corporations Act 2001 (Cth)) (we, our, us) collects, stores, uses, protects, shares and discloses your personal information.

This Privacy Policy applies to our website located at artistguitars.com.au and its related services, products, websites, social media pages, tools and applications (together the Website). By visiting or using the Website you agree to the collection, storage, usage and disclosure of your personal information by us in the manner described in this Privacy Policy.  

Capitalised words in this Privacy Policy have the same meaning as in the Ecommerce Terms and Conditions available on the Website.

1.    Types of Personal Information we collect

As part of delivering our services we may collect personal information about you as defined under the Privacy Act 1988 (Privacy Act). We will only collect personal information where it is reasonably necessary for the performance of our functions or activities. The personal information we collect may include the following:

•    Account information: this includes information that we collect when you register to use our Website by creating an Account. The information we collect includes your name, email address, and other contact details and any other information you directly give us at the registration stage.
•    Customer information: this includes information that you have provided to us when using the Website or otherwise placing an order for Products. The information we collect includes customer level data (such as your date of birth, age, billing address, delivery address and telephone number), order level data (such as order numbers and Products) and any other additional information you provide to us directly or indirectly through your use of the Website. We use such information to assist in providing our services to you (including the supply of Products).
•    Profile information: this includes any information you choose to store on the Website that will assist us in delivering our services to you and includes information regarding any subscriptions.
•    Financial information: this includes information such as payment card details and bank account details. We use this information to send to our third party payment gateways when you make payment through the Website.
•    Website use information: When you use our Website, for example when you contact us, we collect information that enables the Website to be able to run. 
•    Marketing use information: this includes information provided to us using a marketing or newsletter sign up form.
•    Surveys: information in connection with client surveys, questionnaires and promotions.
•    Other information we collect related to your use of the Website: your device identity and type, I.P. address, geo-location information, page view statistics, advertising data and standard web log information and any other information provided by you to us via our Website or our online presence, or otherwise required by us or provided by you.

2.    How we collect Personal Information

We may collect personal information either directly from you, or from third parties, including where: 
•    you register or sign up to the Website;
•    you provide information directly to us through the Services or on a hardcopy form (for example if you place an order for Products in-store);
•    you use the Website to enter in user content including when you purchase Products and checkout on the Website;
•    you use the Website generally;
•    you subscribe to any of our newsletters;
•    you contact us through our Website, in person, by phone or in writing;
•    you submit any of our online sign up forms;
•    you deal with us generally via email, telephone, SMS, social applications (such as LinkedIn, Facebook or Twitter) or otherwise;
•    you interact with our Website, social applications, services, content and advertising; and
•    you invest in our business or enquire as to a potential purchase of our business.
We may also collect your personal information from third parties including:
•    referral agencies;
•    government agencies and insurers;
•    third parties who produce any content, advertising, and marketing campaigns for us that you may interact with; and
•    our other service providers and publicly available sources. 

Where we collect your personal information from a third party, we will take reasonable steps to ensure that you are made aware of the information provided to us by the third party. By providing personal information about another person to us, you represent that you are legally permitted to do so, and we will not be responsible for verifying any such authorisation.

Social media and cookies

We may also collect personal information from you when you use or access our Services or our social media pages. This may be done through use of web analytics tools, 'cookies' or other similar tracking technologies that allow us to track and analyse your Services usage. Please review our Cookies Policy for more information on how we handle and deal with cookies. 

3.    Use of your Personal Information

We collect and use your personal information for the following purposes:
•    to operate the Website and provide services, products or information to you including to:

• assist in streaming and personalising information for you;
• enable us to process your orders for Products;
• enable us to process your personal data;
• to manage our relationship with you, including information about similar products or terms and conditions or send you an email reminder that a task you have performed on our Website remains uncompleted such an incomplete form or cart;
• enable you to communicate with us regarding your use of the Website;
• confirm your identity;
• to provide information about you to our contractors, employees, consultants, agents or other third parties for the purpose of providing the services to you;
• communicate with you about your Account, or any transaction;

•    to administer contracts including to negotiate, execute and or manage a contract with you;
•    to be de-identified for the purposes of generating statistical data and improving the Website;
•    for record keeping and administrative purposes, including accounting purposes;
•    to administer, operate, protect, improve and optimise the website and our service offerings and customer experience;
•    for advertising and marketing purposes (including for analytics);
•    to comply with our legal obligations, resolve disputes or enforce our agreements with third parties;
•    to enable you to take part in a competition;
•    to send you marketing and promotional messages and other information that may be of interest to you and for the purpose of direct marketing (in accordance with the Spam Act 2003 (Cth)). In this regard, we may use email, SMS, social media or mail to send you direct marketing communications. You can opt out of receiving marketing materials from us by using the opt-out facility provided (e.g. an unsubscribe link);
•    for quality, training and coaching purposes;
•    to send you administrative messages, reminders, technical notices, updates, security alerts, and other information about our products and services requested by you; and
•    to consider an application of employment from you.

You acknowledge and agree that we may also deal with your personal information in any other manner which is permitted by any agreement that we have in place with you, or otherwise in accordance with our other policies we have in place from time to time.

4.    Disclosure of your Personal Information

We may disclose your personal information to third parties for the purposes contained in this Privacy Policy, including without limitation to:

Service Providers

We may share your personal information with service providers utilised by us in the provision of the Services to: 

•    develop and improve our Services;
•    provide you with the Services;
•    conduct quality assurance testing; 
•    provide support; and/or
•    provide other services to us.

The service providers (and if necessary data processors) include:

•    information technology service providers such as web host providers and analytical providers;
•    mailing houses and such other suppliers that assist in delivering products and services;
•    organisations who carry out credit, fraud and other security checks;
•    payment processors;
•    hosting services;
•    content delivery services;
•    IT support providers; 
•    marketing businesses engaged by us to disseminate materials to which recipients have consented; and
•    specialist consultants.

We limit the information we provide to third parties to the information they need to help us provide or facilitate the provision of goods and services and associated purposes. We deal with third parties that are required to meet the privacy standards required by law in handling your personal information, and use your personal information only for the purposes that we give it to them.

Affiliates and Acquisitions

We may share some or all of your personal information with our parent company, subsidiaries, joint ventures, or other companies under a common control (Affiliates), in which case we will require our Affiliates to honour this Privacy Policy. In the event we are involved in a merger, acquisition or sale of assets we may disclose personal information collected by us to such entities that we propose to merge with or be acquired by, and will assume the rights and obligations regarding your personal information as described in this Privacy Policy.

Third parties with your consent and in other circumstances

We may also disclose your personal information to third parties to whom you expressly ask us to send the personal information to, or to third parties where permitted under the Privacy Act or where required in order to provide our Services to you. This also includes:

•    your authorised representatives;
•    government and regulatory authorities and other similar organisations, as required or authorised by law or as required as part of the Services; and
•    such entities that we propose to merge with or be acquired by.

We may need to disclose your information to third parties outside of Australia and service providers located internationally in order to enable us to provide the Services, this includes service providers and contractors who are located overseas (telephone answering service, data analytics, IT services) and data processing services. 

Where we use a supplier outside of Australia, we will take reasonable steps in the circumstances to ensure that such overseas recipient does not breach the Australian Privacy Principles (except where such steps are not required under the Privacy Act).

We may also aggregate and/or make anonymous your personal information including sensitive information to make it available for the purposes of generating statistical data for the conducting of research and improving the Services. 

Where you leave a review of our Products, or if you tag us in any of your own material (including any social media post on your personal account) you grant us a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate and create derivative works from, distribute and display such content through the world in any media.

5.    Emails & Marketing

In order to provide the Services to you, you agree to receiving emails and other marketing materials from us for the following purposes:
•    notifications about activity on the Services (which are set on by default) including order updates, recommendations, and general updates; 
•    communication from us or our representatives in connection with the Services; and
•    marketing and promotional messages and other information that may be of interest to you and for the purpose of direct marketing. This includes where you have signed up to our marketing or promotional newsletters.
By default you will receive these email notifications to your email address you nominate at registration.

6.    Storage & security

We use third-party cloud providers that provide hosting, data storage and other services.

We take reasonable steps to ensure your personal information is secure and protected from misuse or unauthorised access. Our information technology systems are password protected, and we use a range of administrative and technical measure to protect these systems. However, we cannot guarantee the security of your personal information.

We will retain your personal information for the period necessary to fulfil the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law.

7.    Links

Our Services may contain links to other websites. Those links are provided for convenience and may not remain current or be maintained. We are not responsible for the privacy practices of those linked websites and we suggest you review the privacy policies of those websites before using them.

8.    Requesting access or correcting your Personal Information

Subject to the Privacy Act, you have a right to access and correct any personal information about you that we may hold. If you wish to request access to the personal information, we hold about you, please contact us using the contact details set out below including your name and contact details. We may need to verify your identity before providing you with your personal information. In some cases, we may be unable to provide you with access to all your personal information and where this occurs, we will explain why. We will deal with all requests for access to personal information within a reasonable timeframe.

If you think that any personal information we hold about you is inaccurate, please contact us using the contact details set out below and we will take reasonable steps to ensure that it is corrected.

If we receive a request from you to access or correct personal information we will respond to you within a reasonable time after receiving your request and in the manner requested by you, if it is reasonable and practicable for us to do so. We may charge a reasonable fee for giving access to the information.

9.    If we can’t collect your Personal Information

If you do not provide us with the personal information described above, some or all of the following may happen:
•    we may not be able to provide the Website to you, either to the same standard or at all;
•    we may not be able to provide the Products to you or handle your order effectively;
•    we may not be able to provide you with information about the Website that you may want; or
•    we may be unable to tailor the content of our Website to your preferences and your experience of our services may not be as enjoyable or useful.

10.    Notifiable data breach

In the event that there is a data breach and we are required to comply with the notification of eligible data breaches provisions in Part IIIC of the Privacy Act or any other subsequent sections or legislation which supersede this Part IIIC, we will follow our relevant notifiable data breach procedures in compliance with the Privacy Act and relevant laws.

11.    Updates

This Privacy Policy may be updated by us from time to time, and the updated Privacy Policy will apply from the date it is published on our website or otherwise communicated to you.  Each time you use our Website you should revisit this Privacy Policy and familiarise yourself with any changes.  Continued use of our Services (including our website) shall indicate your acceptance of any changes. 

12.    Enquiries, requests & complaints

Enquiries regarding this Privacy Policy or the personal information we may hold on you, should be addressed with the Privacy Officer, whose contact details are below.

If you think your personal information, held by us, may have been compromised in any way or you have any other privacy related complaints or issues, you should also raise the matter with the Privacy Officer. 

We will ensure your claims are investigated and a formal response will be provided to you, within a reasonable time, considering the circumstances of your claims. If any corrective action is determined to be required, as a result of that investigation, we will take all reasonable steps to rectify the situation and advise you of such, again within a reasonable time considering the circumstances.

If we do not resolve your enquiry, concern or complaint to your satisfaction or you require further information in relation to any privacy matters, please contact the Office of the Australian Information Commission, whose contact details are below.

Office of the Australian Information Commission

Contacting us

COOKIES POLICY

This cookie policy (Cookie Policy) sets out how Artist Guitars Pty Ltd ABN 59 160 522 574 and its related bodies corporate (as defined in the Corporates Act 2001 (Cth)) (we, our, us) handles and uses cookies. 

Capitalised terms used in this Cookies Policy have the same meaning as given in our Privacy Policy. Please ensure you carefully read our Privacy Policy in addition to this Cookies Policy.

What is a cookie

We use cookies and URL information to gather information regarding the date and time of your visit and the information for which you searched and which you viewed on the Website. “Cookies” are small pieces of information that a website sends to your computer’s hard drive while you are viewing a web site. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Website. Persistent Cookies can be removed by following Internet browser help file directions. Cookies may enable automatic logins when you visit in the future and may enable content customisation.

Some cookies are necessary to allow you to browse our Website, use its features, and access secure areas. The use of these cookies is essential for our Website to work. 

We also use functional cookies to remember choices you’ve made or information you’ve provided, such as your username, language, or the region you are in. This allows us to tailor your website experience specifically to your preferences. For example, authentication cookies are functional cookies that are used for the duration of a session (or persistent, if you agree to the “remember me” function) to allow users to authenticate themselves on subsequent visits or to gain access to authorized content across pages. The functional cookies we use include:

•    User-centric security cookies to detect authentication abuses for a limited persistent duration, like repeated failed login attempts. These cookies are set for the specific task of increasing the security of our Website.
•    Multimedia content player session cookies (flash cookies) are used for the duration of a session to store technical data needed to play back video or audio content (e.g. image quality, network link speed, and buffering parameters).
•    Load balancing session cookies are used for the duration of the session to identify the same server in the pool in order for the load balancer to redirect user requests appropriately.
•    User interface customisation persistent cookies are used to store a user’s preference regarding a service across web pages.

We use many tools to help us improve our Website. To this end, we use reporting and analytics cookies to collect information about how you use our Website and how often. These cookies only gather information for statistical purposes and only use pseudonymous cookie identifiers that do not directly identify you. The performance cookies we use include:

•    First party analytics cookies - we use these cookies to estimate the number of unique visitors, to improve our Website and to detect the most searched for words in search engines that lead to our Website. We use these cookies to learn how our Website is performing and make relevant improvements to improve your browsing experience.
•    Third party analytics cookies - we also use Google Analytics and other third-party analytics providers listed below to help measure how users interact with our Website content. These cookies “remember” what our users have done on previous pages and how they’ve interacted with our Website. For more information on Google Analytics, visit Google’s information page. For instructions on how opt out of Google Analytics, see below.

Advertising cookies are used on our Website to tailor marketing to you and your interests and provide you with a more personalized service in the future. These cookies remember that you visited our Website and we may share this information with third-parties, such as advertisers. Although these cookies can track your device’s visits to our Website and other sites, they typically cannot personally identify you. Without these cookies, the advertisements that you see may be less relevant and interesting to you. Read more about how companies use cookies to conduct targeted or retargeted advertising here. 

Social and Content cookies are placed by many social media plugins (for example the Facebook ’like’ button), and other tools meant to provide or improve the content on a website (for example services that allow the playing of video files, or that create comments sections). We integrate these modules into our Website to improve the experience of browsing and interacting with our Website. Please note that some of these third party services place cookies that are also used for things like behavioural advertising, analytics, and/or market research. 

We also use third party vendor re-marketing tracking cookies, including:

•    the Google Adwords tracking cookie; 
•    the Facebook Pixel; and
•    SmartrMail tracking cookie.

You can opt out of Google's use of cookies or device identifiers by visiting Google's Ads Settings. Alternatively, you may visit the Network Advertising Initiative opt-out page or control the use of device identifiers by using your device’s settings.

Third parties, including Google may use cookies, web beacons, and other storage technologies to collect or receive information from the Service and elsewhere on the internet and use that information to provide measurement services and target ads. You can opt out of the collection and use of information for ad targeting using aboutads.info/choices 

Many of the third party advertising and other tracking services listed above offer you the opportunity to opt out of their tracking systems. You can read more about the information they collect and how to opt out through the privacy policy links listed above.

To opt out of these communications please visit the Network Advertising Initiative opt out page.

How long will cookies remain on my computer or mobile device?

The length of time that a cookie remains on your computer or mobile device depends on whether it is a “persistent” or “session” cookie. Session cookies last until you stop browsing and persistent cookies last until they expire or are deleted. Most of the cookies we use are persistent and will expire between 30 minutes and two years from the date they are downloaded to your device. 

How do I control cookies?

You can control and manage cookies in various ways. Please keep in mind that removing or blocking cookies can negatively impact your user experience and parts of our Website may no longer be fully accessible.

Most browsers automatically accept cookies, but you can choose whether or not to accept cookies through your browser controls, often found in your browser’s “Tools” or “Preferences” menu. For more information on how to modify your browser settings or how to block, manage or filter cookies can be found in your browser’s help file or through such sites as: www.allaboutcookies.org.

Many of the third party advertising and other tracking services listed above offer you the opportunity to opt out of their tracking systems. You can read more about the information they collect and how to opt out through the privacy policy links listed above.