Privacy & Data Collection Policy

This policy sets out how Smokemart & GiftBox uses and protects any information that you give us while using this website. Smokemart & GiftBox is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.

What we collect

We may collect the following information:

  • name
  • contact information including email address
  • demographic information such as postcode, preferences and interests
  • other information relevant to customer surveys and/or offers

For the exhaustive list of cookies we collect see the List of cookies we collect section.

What we do with the information we gather

We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

  • Internal record keeping.
  • We may use the information to improve our products and services.
  • 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.
  • From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.

Security

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

How we use cookies

A cookie is a small file which 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.

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.

Controlling your personal information

You may choose to restrict the collection or use of your personal information 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 information for direct marketing purposes, you may change your mind at any time by letting us know using our Contact Us information

We will not sell, distribute or lease your personal information 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.

You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please email us this request using our Contact Us information.

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.

List of cookies we collect

The table below lists the cookies we collect and what information they store.

Cookie Name Cookie Description
FORM_KEY Stores randomly generated key used to prevent forged requests.
PHPSESSID Your session ID on the server.
GUEST-VIEW Allows guests to view and edit their orders.
PERSISTENT_SHOPPING_CART A link to information about your cart and viewing history, if you have asked for this.
STF Information on products you have emailed to friends.
STORE The store view or language you have selected.
USER_ALLOWED_SAVE_COOKIE Indicates whether a customer allowed to use cookies.
MAGE-CACHE-SESSID Facilitates caching of content on the browser to make pages load faster.
MAGE-CACHE-STORAGE Facilitates caching of content on the browser to make pages load faster.
MAGE-CACHE-STORAGE-SECTION-INVALIDATION Facilitates caching of content on the browser to make pages load faster.
MAGE-CACHE-TIMEOUT Facilitates caching of content on the browser to make pages load faster.
SECTION-DATA-IDS Facilitates caching of content on the browser to make pages load faster.
PRIVATE_CONTENT_VERSION Facilitates caching of content on the browser to make pages load faster.
X-MAGENTO-VARY Facilitates caching of content on the server to make pages load faster.
MAGE-TRANSLATION-FILE-VERSION Facilitates translation of content to other languages.
MAGE-TRANSLATION-STORAGE Facilitates translation of content to other languages.

Privacy Policy


1. Privacy Act

This Privacy Policy is intended to provide a general overview of our policies in respect of the collection, handling and management of your personal information. Your personal information is any information or opinion about you that can identify you.

Other policies may override this Privacy Policy in certain circumstances. For example, when we collect personal information from you, we may advise a specific purpose for collecting that personal information, in which case we will handle your personal information in accordance with that stated purpose.

This Policy is intended to cover most personal information handled by us (and our authorised agents who collect personal information on our behalf) but is not exhaustive. If you have any queries about our management of your personal information, you are encouraged to contact our Privacy Officer for further information (see section 11 below).

You are agreeing to be bound by this Privacy Policy by voluntarily providing us with your personal information.

2. Exemptions

No general exemptions under the Act apply to us or to any of our acts or practices.

3. How We Collect, Hold, Use and Disclose Personal Information

3.1 Collection

We may collect your personal information directly from you, or where this is unreasonable or impracticable, from third parties (such as market research companies acting on our behalf) that have collected it from you. Where we collect personal information from third parties, we will take reasonable steps to notify you or otherwise ensure you know we are collecting that information and the circumstances of its collection.

We limit the personal information we collect to that which is reasonably necessary for one or more of our functions or activities. When collecting personal information, we will take reasonable steps to make you aware of the purposes for which the information is being collected by us, the organisations to which we would usually disclose your information, the main consequences for you if you fail to provide any information that is requested by us, and whether we are likely to disclose your information to overseas recipients as well as the countries any such recipients are located in. This Privacy Policy provides these details as they typically apply in most cases, however different details may apply depending on our specific interaction with you. If we do not notify you of such other details, the information in this Privacy Policy applies. 

There may be a range of consequences if you fail to provide information requested by us, for example we may be unable to process or respond to your request for products or services.

There will not usually be Australian laws or court/tribunal orders which require or authorise us to collect your personal information. However, if such laws or orders do apply, we will take reasonable steps to notify you of them.

3.2 Storage

We have policies and procedures intended to ensure that your personal information is protected from misuse, loss, unauthorised access and modification of disclosure.

Specific security measures we employ include authorised user-only access to computer records (including password protection), internal procedures to protect physical documents and monitoring of our practices and systems to ensure the effectiveness of our security policies.

We will endeavour to destroy or de-identify your personal information as soon as it is no longer required by us (as permitted by law).

3.3 Use

We will generally only use your personal information for the purpose for which we collected it, and for related purposes we consider will be within your reasonable expectations, or otherwise with your consent.

We generally collect, hold and use your personal information to:

Provide the service requested, respond to your enquiries, send you information that you request, or otherwise achieve the purpose for which the information was submitted to us;
Contact you to ask about your experiences with, or impressions of, our products or services
Contact you from time to time to advise you of new products, promotional offers, or services offered by us or our dealers that we consider may interest you;
Conduct market research or monitor product demand (although where possible we will use “de-identified” information that does not refer to particular individuals when conducting these activities);
Contact you about other matters relating to products or services that you have acquired from us;
Streamline and personalise your experience within our web site, or tailor our information, services or products;
Create aggregate data about our web site visitors and other statistics to allow for more efficient operation of our web site;
Engage in other activities where required or permitted by law; and
Undertake any purpose related to any of the above.
We may use personal information to contact you for marketing and promotional purposes. You may request not to receive these communications by contacting our Privacy Officer using the details set out in section 11 below, or by using the opt out function provided for in those communications. If you do not opt out in either of these ways you will be taken to have consented to receiving such communications from us.

There are no consequences for opting out of receiving our marketing and promotional communications except that you will no longer receive them, and you may elect to rejoin our marketing list at a later stage if you wish.

Where we propose to use your personal information for another purpose other than as outlined above, we will seek your consent prior to using your personal information for that purpose (unless we are required or permitted by law to do so without seeking your permission).

3.4 Disclosure of Personal Information to Other Organisations

We will generally only disclose your personal information for the purpose for which we collected it, and for related purposes we consider will be within your reasonable expectations, or otherwise with your consent.

We may disclose your personal information to:

Our authorised agents, contractors or subcontractors that provide administrative or promotional services (for example, mail processing businesses, printers, or market research companies or other service providers). We typically enter into contractual agreements with these organisations to ensure that information we disclose is used only for the limited purposes for which we have provided it; and
Our related bodies corporate.
Where we propose to disclose your personal information for another purpose other than as outlined above, we will seek your consent prior to disclosing your personal information for that purpose (unless we are required or permitted by law to do so without seeking your permission). An example is where personal information must be disclosed for certain law enforcement purposes.

4. Access to and Correction of Personal Information

You may contact our Privacy Officer to request access to or correction of your personal information held by us. Contact details for our Privacy Officer are set out in section 11 below. You will be required to verify your identity before we will allow you to access your personal information, for the protection of your privacy and the privacy of other individuals whose personal information we hold. We may refuse to allow you to access or to correct your personal information if we are legally required or entitled to do so. If we do so, we will provide you with written reasons for the refusal (unless it is unreasonable to do so) and the options available to complain about the refusal. We will endeavour to respond to your request for access or correction within 30 days from receiving your request.

We may require you to pay a fee in order to access your personal information held by us. We will advise the amount of the fee payable (if any) once we have assessed your application for access. This fee is based on the cost of providing you with access to your personal information (for example, photocopying costs). It is not a fee for lodging a request for access to or correction of your personal information.

If you lodge a request for access, we may provide you with access to your personal information in any of a number of ways (including, for example, supplying you with a copy or providing you with the opportunity to inspect our records).

We will take reasonable steps to ensure that the personal information that we collect, use and disclose is accurate, up-to-date and complete. If we are satisfied that any personal information, we hold about you is inaccurate, out-of-date, incomplete, irrelevant or misleading, we will amend our records accordingly.

Please notify us if our records need to be updated.

5. Kinds of Personal Information We Hold

The personal information about you we may collect, and hold includes but is not limited to your name and address, contact telephone number(s) and/or email address(es). We may also hold information about any products or services you acquire from us or our dealers, any warranty claims made in connection with those products or services, and any other personal information that you volunteer to us (if that information is reasonably necessary for, or directly related to, one or more of our functions or activities). We do not generally collect (or, if it is provided by you to us, retain) any sensitive information about you.

6. Online Privacy

This part of our Privacy Policy sets out the manner in which we handle your personal information in respect of online services provided to you by us. “Online services” includes any services provided by us via the Internet (including email and web pages).

6.1 Automatic Server Logs

Our web site server automatically collects various items of information when you use our web site. For example, we may collect information about your computer’s operating system, Internet Protocol (IP) address, access times, browser type and language, and the web site that referred you to us. We also collect information about your usage and activity on our web site.

When you visit our web site it may store “cookies” on your computer. The purpose of “cookies” is to avoid the need for you to re-enter certain information when you next visit our web site. The settings in your Internet browser software can be adjusted to prevent cookies being stored on your computer, if required. However, some of the features of our web site may then be lost.

Although, in some circumstances, it may be possible to identify you from the information we collect as described in this section 7.1, we do not attempt to do so, and only use this information for statistical analysis, system administration, and similar related purposes.

6.2 Email and Message Forms

We may collect personal information from you (such as your name, address, telephone number and email address, and any other personal information you volunteer) if you send us an email or if you submit information to us using a message form, brochure request form or feedback form. We will use this personal information to contact you to respond to your message, to send you information that you request, and for other related purposes we consider are within your reasonable expectations. We will not use or disclose any such information for any other purpose without your consent, except where required by law.

6.3 Storage and Transmission of Personal Information Online

If you provide any personal information to us via our online services (including email) or if we provide such information to you by such means, the privacy, security and integrity of this information cannot be guaranteed during its transmission unless we have indicated beforehand that a particular transaction or transmission of information will be protected (for example, by encryption).

If we receive your personal information, we will take reasonable steps to store it such that unauthorised access, modification, disclosure, misuse and loss are prevented.

6.4 Other Online Services

If any of our online services (including any email messages we send to you) contain links to other online services that are not maintained by us (other services), or if other services link to our online services, we are not responsible for the privacy practices of the organisations that operate those other services, and by providing such links we do not endorse or approve the other services. This Privacy Policy applies only in respect of our online services.

6.5 Third Party Advertising

We may allow third parties to use cookies or other tracking technologies to collect non-personal information about your use of our web site, including your IP address, pages viewed and conversion information. This information may be used, among other purposes, to deliver advertising targeted to your interests and to better understand the usage and visitation of our web site and other web sites tracked by these third parties. We may at times use “Remarketing” (https://www.google.com.au/ads/innovations/remarketing.html) to advertise online. Third-party vendors, including Google, may show our ads on sites across the Internet. This Privacy Policy does not apply to, and we are not responsible for, third party cookies or other tracking technologies. We encourage you to check the privacy policies of advertisers and/or ad services to learn more about their privacy practices. If you would like more information about third party advertising or to opt out of having your information used in this way please visit the Ads Settings.

7. Changes

We reserve the right to amend this Privacy Policy at any time. We will notify you of amendments to this Privacy Policy by uploading the updated Privacy Policy to our website. You may also obtain a copy of the current version of our Privacy Policy by contacting us.

8. Complaints

If you believe that a breach of your privacy has occurred or you otherwise have a complaint about our use or management of your personal information, we encourage you to contact our Privacy Officer to discuss your concerns. Contact details can be found in section 11 below. Your complaint will be considered and dealt with by our Privacy Officer. If the breach is deemed to be serious, the Privacy Officer may escalate the complaint internally within our company.

Please allow us a reasonable time to respond to any complaint. If you are not satisfied with our resolution, you may make a complaint to the Office of the Australian Information Commissioner whose contact details can be found at: https://www.oaic.gov.au/  

9. Further Information

You may contact our Privacy Officer if you require further information about the ways we manage your personal information.

10. Contact Information

You may contact our Privacy Officer:

OTR Group. 270 The Parade, Kensington, SA, 5068

Email: privacy@otr.com.au