Smash Enterprises Pty Ltd
Privacy Statement

  1. Introduction

This website is owned and operated by Smash Enterprises Pty Ltd (ABN 52 091 134 708) of 33 Redland Drive, Mitcham, Victoria 3132 (“Smash Enterprises”,“us”,“we”).  We are the controller responsible for the personal information we process about you in accordance with this privacy statement.

We appreciate that, as an individual user of this website, you are concerned about the confidentiality and security of any personal information that you may provide to us in accessing this website.

This privacy statement explains our policies for the collection, use, disclosure and storage of personal information in relation to this website. Please be sure to read this privacy statement carefully each time you provide personal information to us through this website. This privacy statement is subject to change without notice.

Whenever you provide any personal information to us while using this website, you are consenting to the collection, use, disclosure and storage of that information in accordance with this privacy statement, the Privacy Act 1988 (Cth), the General Data Protection Regulation ((EU) 2016/679) and any other relevant laws (“Applicable Data Protection Law”).

It is important that the personal information we hold about you is accurate and current.  Please keep us informed if your personal information changes during your relationship with us using the details set out in the “Contacting Us” section below.

Please note, we reserve the right to amend this privacy statement at any time, normally by posting an updated privacy statement on this website and, where appropriate, notifying to you by e-mail.  Please check back frequently to see any updates or changes to this privacy statement.

 

  1. What is personal information?

Personal information is any information about you which makes your identity apparent, or information which someone could reasonably use to ascertain your identity. Some common examples of personal information include an individual’s:

  • name
  • street/postal address
  • telephone number
  • email address.

 

  1. Why do we collect personal information?

Sometimes we may ask you to disclose personal information to enable us to provide you with certain goods or services related to our business. We may collect personal information from you if we have taken reasonable steps to ensure that you are aware of:

  • who we are and how to contact us
  • the purposes for which your personal information is being collected
  • who we usually disclose that type of personal information to
  • your ability to access any personal information which we have collected from you
  • any law that requires that type of personal information to be collected
  • the main consequences (if any) for you if all or part of your personal information is not provided.

If you choose not to provide certain types of personal information to us, we may be unable to provide you with the goods or services that you have requested where that information is necessary to providing such goods or services.

 

  1. What personal information do we collect about you?

We may collect, use, store and transfer different kinds of personal information about you which we have grouped together as follows:

Identity Data includes [first name and last name,

Contact Data includes [delivery address, email address and telephone numbers].

Profile Data includes [your username and password, your interests, preferences, feedback and survey responses].

Usage Data includes [information about how you use

Marketing and Communications Data includes [your preferences in receiving market]. 

We may collect, use, store and transfer different kinds of personal information about you as set out below:

[Information you give us: The information you give us may include your [Identity and Contact] by filling in forms or corresponding with us by post, phone, email or otherwise.  This includes personal information you provide when you:

  •  
  • [create an account on any of this website];
  • [subscribe to our service or publications];
  • [request marketing to be sent to you];
  • [enter a competition, promotion or survey]; or
  • [give us feedback or contact us.]

 

[Information we collect about you: With regard to each of your visits to any of this website, we may automatically collect the following information:

  • [technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform]; and

 

  • [information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from this website, (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number].

 

  1. How do we use personal information?

We use the personal information we collect about you to:

  1. [manage our relationship with you];
  2. [to communicate with you in response to enquiries];
  3. [to provide you with information about us and our goods and services],
  4. [to provide services to you on request, and to fulfil our obligations in respect of the same];
  5. [to maintain and administer this website, and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes];
  6. [to improve this website, to ensure that content is presented in the most effective manner for you and for your computer or device];
  7. [as part of our efforts to keep this website safe and secure and to prevent fraud];
  8. [to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you]; and
  9. [to make suggestions and recommendations to you and other users of this website about goods or services that may interest you or them];
  10. [to personalise your repeat visits to this website].

We only use your personal information according to the purpose for which it was provided and otherwise in accordance with law. Most commonly, we will use your personal information in the following circumstances:

  • where the processing is necessary for the performance of a request you have made;
  • where we need to comply with a legal or regulatory obligation: (i) to assist police or other public authority of criminal investigation body; (ii) to identify you when you contact us; [and/or (iii) to verify the accuracy of data we hold about you;]
  • where the processing is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests. Such legitimate interests may include: (i) to correspond or communicate with you i.e. keeping you up-to-date on the latest announcements, updates, developments, market analysis, regulatory compliance, statistical reports, bulletins and information; (ii) enhancing and developing our services, IT systems and processes used to support our services; (iii) to comply with a request from you in connection with the exercise of your rights; (iv) for the management of queries, complaints or claims; and (v) for the establishment and defence of our legal rights. 

Please note that we may process your personal information using more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us using the details set out in the “Contacting Us” section below if you need details about the specific legal ground we are relying on to process your personal information on any given occasion.

Given the specific purposes for which we envisage using your personal information, we do not anticipate being required to obtain your consent to do so, save for where we wish to use [or share] your personal information to provide you with marketing or information about products and services which may be of interest to you, and we are required by Applicable Data Protection Law to seek your consent before we do so.

Should we wish to use your personal information for other specific purposes that require your consent, we will contact you to request this. 

We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by Applicable Data Protection Law.

6. When do we disclose personal information?

We do not sell, rent or trade personal information about you to or with third parties unless we have your consent or are otherwise required or permitted to do so by Applicable Data Protection Law. Depending on the purposes for which we have asked you to provide your personal information, we may disclose that information to such third parties as is necessary to achieve those purposes. We do not disclose your personal information to third parties for any purposes which are unrelated to the purposes of collection unless required to do so by law.

We may disclose your personal information:

  • to third parties as required for our every day business purposes, including to our related companies, our business partners, suppliers, sub-contractors, and technical services providers, including in order to provide you with the goods or services you request;
  • analytics and search engine providers that assist us in the improvement and optimisation of this website;
  • to third parties in the event that we sell or buy any business or assets, in which case we may disclose your personal information to the prospective seller or buyer of such business or assets;
  • if Smash or substantially all of its assets are acquired by a third party, in which case personal information held by it about its customers will be one of the transferred assets;
  • to competent authorities (including tax authorities), courts and bodies as required by law; or
  • to protect the rights, property, or safety of Smash or for internal investigations and reporting. This may include exchanging information with other companies and organisations for the purposes of fraud protection.

We require all third parties to respect the security of your personal information and to treat it in accordance with the law.

7. How do we store personal information?

The personal information which we collect from you through this website may be stored by us in various forms including both electronic and hardcopy. We take reasonable steps to maintain the security of any personal information which we have stored, including taking steps to prevent loss, misuse and unauthorized access, use, modification, disclosure, alteration, or destruction of such information.

We have sophisticated security tools which have been integrated into this website. For example, information collected via this website is protected by data encryption and firewall technology. We will also take measures to securely destroy or permanently de-identify personal information when it is no longer required. Please be aware however that any online transmission of information over the internet is never completely secure and may be prone to error. Therefore, we cannot guarantee the security or accuracy of any personal information that you transmit to us through this website.

 

  1. 8. Your legal rights

In certain circumstances, you have rights under Applicable Data Protection Law in relation to your personal information.  You may have the right to:

(a)        Request access to your personal information (commonly known as a “data subject access request”). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.

(b)        Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected, though we may need to verify the accuracy of the new information you provide to us.

(c)        Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal information to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

(d)        Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal information for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

(e)        Request restriction of processing of your personal information. This enables you to ask us to suspend the processing of your personal information in the following scenarios: (a) if you want us to establish the personal information’s accuracy; (b) where our use of the personal information is unlawful but you do not want us to erase it; (c) where you need us to hold the personal information even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your personal information but we need to verify whether we have overriding legitimate grounds to use it.

(f)         Request the transfer of your personal information to you or to a third party. We will provide to you, or a third party you have chosen, your personal information in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

(g)        Withdraw consent at any time where we are relying on consent to process your personal information.  However, this will not affect the lawfulness of any processing carried out before you withdraw your consent.  If you withdraw your consent, we may not be able to provide certain services to you and we may need to suspend or terminate your access to this website.  We will advise you if this is the case at the time you withdraw your consent. 

(h)        Complaining to a supervisory authority if you are concerned about the way we have processed your personal information. 

            AUSTRALIA: Information Commissioner’s Office
https://www.oaic.gov.au/individuals/how-do-i-make-a-privacy-complaint
Email: enquiries@oaic.gov.au 
Address: GPO Box 5218, Sydney NSW 2001

UK: Information Commissioner’s Office
https://www.gov.uk/data-protection/make-a-complaint 
Email: casework@ico.org.uk
Address: Wycliffe House Water Lane, Wilmslow, Cheshire SK9 5AF 

EUROPE: European Data Protection Board
You can locate your national data protection authority by following the link below. Here you will find email, address and phone contact details.https://ec.europa.eu/commission/sites/beta-political/files/national-data-protection-authorities-jan_2018_en.pdf

To exercise certain rights we may ask you to confirm your identity and where applicable, to help us to search for your personal information.  Except in rare cases, we will respond to you within one month from either (i) the date that we have confirmed your identity or (ii) where we do not need to do this because we already have this information, from the date we received your request.

If you wish to exercise any of the rights set out above, please contact us using the details set out in the “Contacting Us” section below.

You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

 

  1. 9. How long will we keep your personal information for?

We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorised use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.

For further information as to any specific retention periods that might apply to personal information we hold about you, please contact us using the details set out in the “Contacting Us” section.

In some circumstances you can ask us to delete your personal information: see the “Your Legal Rights” section above for further information.

In some circumstances we may anonymise your personal information (so that it can no longer be associated with you) for research or statistical purposes. If we do that, we may use this information indefinitely without further notice to you.

  1. 10. International Transfers

If we are required to transfer your personal information internationally, we will ensure a similar degree of protection is afforded to it by ensuring appropriate safeguards are implemented in accordance with Applicable Data Protection Law.

Please contact us using the details set out in the “Contacting Us” section below if you want further information about the specific mechanisms we use when transferring your personal information internationally in a given circumstance.

11. Other privacy issues

(a) Cookies

This website may use “cookies” or other forms of electronic information gathering to provide us with information about the use of this website. We will not use this information to identify any people who access this website. This information will be used only so that the website can be updated and tailored specifically to user interests. You may set your computer browser to disable cookies or to alert you when cookies are being sent.

When first visiting our website a pop-up banner will appear requesting your consent to enable Cookies. If accepted this consent will be valid for 30 days. If denied you can continue using our website with cookies disabled. If you disable cookies, we may be unable to optimize your visit to this website and certain features and information may not be available.

[For more information about the specific cookies we use, please see our Cookie Policy

(b) Surveys and competitions

We may offer competitions or invite responses to surveys on this website. If we collect your personal information as a result of you choosing to participate in a competition or survey, we will use this information for the purposes of conducting the competition or survey and otherwise with your consent. We may seek your consent to use your personal information for different purposes in the course of you submitting an entry to or registering to take part in a competition or survey.

(c) Opting out

At smashenterprises.com.au, we only want to communicate with you if you want to hear from us. Please contact us using the details below if you would like to opt out of us using your personal information to send you direct marketing or similar communications.

Email us enquiries@smashenterprises.com.au

Please note that where you opt out of receiving marketing messages, this will not delete any personal information provided to us as a result of another transaction or interaction.

(d) Privacy complaints

If you have a complaint in relation to a privacy matter with us (including in relation to how your personal information has been handled by us), please contact us in writing including details of your return address. We will respond to you after we receive a written complaint, usually within 15 working days.

(e) Users under 18

If you are under 18 years old, you need to ask your parent or guardian for permission to provide personal information via our website. Your parent or guardian can then review, change or refuse further collection of your personal information by contacting us using the details below.

(f) Electronic messages from us (including via SMS, MMS and email)

We will only send you electronic messages (including via SMS, MMS and email) using your personal information, in accordance with law and if we:

  • have current express or implied consent from you to do so
  • identify ourselves within the message
  • and include within the message a means of allowing you to unsubscribe or opt out of receiving future messages of that kind from us.

(g) Links to external websites

This website contains links and references to external websites. Please be aware that we do not control external websites and that this privacy statement does not apply to such websites. We encourage you to read all privacy statements, policies and notices for every website that you visit. If you are unsure about the credentials of a particular website, we recommend that you do not provide personal information to or through that website.

(h) Further information on privacy i

More information about privacy issues in Australia can be found at www.privacy.org.au.

More information about privacy issues in the United Kingdom can be found at https://ico.org.uk/.

More information about privacy issues in Europe can be found at https://ec.europa.eu/info/law/law-topic/data-protection/data-protection-eu_en.

(i) Changes to our Privacy Statement

We keep our privacy statement under regular review and we will place any updates on this webpage. This privacy statement was last updated on 22nd March 2019.

 

  1. 12. Contacting Us

Smash Enterprises Pty Ltd (ABN 52 091 134 708)

enquiries@smashenterprises.com.au

+ 61 3 9873 8011

33 Redland Drive, Mitcham VIC 3132