Privacy policy & terms of use

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1. Introduction

Happy Simple (ABN 87 641 713 304) (company / we / our) is committed to responsible privacy practices and to complying with the privacy principles contained in the Privacy Act 1988 (Privacy Act) to the extent they apply to the company. This website happysimple.com.au (website) is operated by Happy Simple.

This Privacy Policy and Terms set out the principles of the gathering and management of personal information, including the purposes for which this information is used, and to whom it is disclosed. It also discloses the terms of use of this website.

By visiting our website and/ or purchasing a product or service from us, you agree to be bound by the following terms and conditions and privacy policy (Terms of Use), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Use apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

2. What is personal information?

In this Privacy Policy, ‘personal information’ has the meaning set out in the Privacy Act. Essentially, the Privacy Act defines ‘personal information’ as information or an opinion about an individual who is reasonably identifiable.

3. What types of personal information do we collect?

The types of personal information we collect from you depend on the circumstances in which the information is collected. The company may collect:

  • Contact and identification details including your business details, name, address, email address, phone numbers, and your date of birth/age.
  • Answers you provide to questions asked by the company and other information in relation to your dealings with the company.
  • Information that is usually considered confidential or sensitive business information, such as but not limited to marketing plans, strategies, products and plans.

If you apply for employment with us, or are a contractor to us, we may also collect information relevant to your engagement with us including qualifications, work history, resume, reference information from your nominated referees, bank details, feedback from supervisors and training records.

Except as described in this section, we do not generally require you to disclose any sensitive information (e.g. details of race, religious belief, sexual orientation or membership of a trade union) to us.  If you do provide us with sensitive information for any reason, you consent to us collecting that information and using and disclosing that information for the purpose for which you disclosed it to us and as permitted by the Privacy Act and other relevant laws.

4. How do we collect your personal information?

The most common ways your personal information is collected are:

  • via the company’s website (happysimple.com.au), by email, phone or in person or when you deal with the company online (including through the social media pages). The company website retains the content from emails sent through the “Contact Us” and "Book a Chat" facility, for the purpose of sending a response. They are stored in a secure area within and will not be disclosed without your consent.
  • from publicly available sources.
  • from third parties.

5. For what purposes do we collect, use and disclose your personal information?

The purposes for which your personal information is collected, used and disclosed will depend on the circumstances in which it is gathered.

Whenever practical, the company will inform you about the purpose for which your personal information is collected (and related purposes which would be reasonably expected by you or to which you have consented), how it is intended to be used, and to whom it is intended to be disclosed at the time your personal information is gathered.

We may use or disclose your personal information:

  • for the purposes for which we collected it (and related purposes which would be reasonably expected by you),
  • for the purpose of providing our services to you,
  • for other purposes to which you have consented, and
  • as otherwise authorised or required by law.

In general, we collect, use and disclose your personal information so that we can conduct business together and for purposes connected with our business operations and services. Some of the specific purposes for which we collect, use and disclose personal information are to:

  • respond to you if you have requested information (including via our websites or via an email or other correspondence you send to us),
  • provide services to you or to receive goods or services from you,
  • notify you of updates to current services or plans, offers and expiring services,
  • administer rewards, surveys, competitions or other promotional activities or events conducted, sponsored or managed by us or our business partners,
  • enable you to participate in any  programs that we operate,
  • improve our services,
  • verify your identity, address and age or eligibility to participate in a marketing activity,
  • consider you for a job with us (whether as an employee or contractor) or in the context of other relationships with us,
  • address any issues or complaints that we or you have regarding our relationship, and
  • contact you regarding the above, including via electronic messaging such as SMS and email, by mail, by phone or in any other lawful manner.

6. Direct marketing

We may communicate directly with you for the purpose of providing updates on the company’s activities and / or promoting events and services, and to provide you with special news and updates. This direct marketing can be delivered by a range of methods including mail, phone, email, or SMS. You can unsubscribe from our direct marketing or change your contact preferences by contacting us at the details below or by clicking on the link in the relevant communication.

7. Behavioural marketing

As described above, we may use limited amounts of your personal information to provide you with targeted advertisements or marketing communications that we believe may be of interest to you. For example: we use Google Analytics to help us understand how our customers use the company websites.

You can read more about how Google uses your Personal Information here: https://policies.google.com/privacy?hl=en. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.

We use Google, Bing and Meta as third-part marketing applications. We share information about your use of our websites, your purchases, and your interaction with our ads on other websites with our advertising partners. We collect and share some of this information directly with our advertising partners, and in some cases through the use of cookies or other similar technologies (which you may consent to, depending on your location).

You can contact Meta (www.facebook.com) or Google (www.google.com) for more information .For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

You can opt out of targeted advertising by using the links below, or you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info

8. Use of videos and images

By purchasing one of our products or services, or attending company events, you acknowledge and consent that your image or voice may be recorded via video, photograph, or other means by an event officer or official. These recordings may be distributed or published at the company's discretion. If you do not wish to be recorded, please formally notify the company in writing.

9. Use of content for portfolio

By purchasing one of our products or services, you agree for the company to use any screenshots, logos, images and content supplied to us by the client and created by Happy Simple for the client for the purposes for showcasing portfolio items on our marketing and promotional materials, in mockup, websites and advertisements. If the service or product purchased is a website, the company reserves the right to state on the clients website that Happy Simple has developed the website with a link back to our company website.

10. Who do we disclose your personal information to?

We may disclose your personal information to third parties in connection with the purposes described in sections  6, 7, 8 and 9 of this Privacy Policy.

The may include disclosing your personal information:

  • the company’s employees and related bodies corporate,
  • the company’s contractors and other third parties that provide goods and services to us,
  • the company’s accountants, insurers, lawyers, auditors, and other professional advisers and agents,
  • payment system operators,
  • any third parties to whom you have directed or permitted the company to disclose your personal information, and
  • otherwise as permitted or required by law.

Where we disclose your personal information to third parties we will use reasonable efforts to ensure that such third parties only use your personal information as reasonably required for the purpose we disclosed it to them and in a manner consistent with the Privacy Principles under the Privacy Act.

11. Does personal information leave Australia?

The company may disclose personal information outside of Australia where required for the purposes outlined in sections 6, 7, 8 and 9 above. The company will take reasonable steps to ensure that such overseas recipients do not breach the privacy principles in the Privacy Act in relation to such information.

12. How do we protect personal information?

The company will take reasonable steps to keep any personal information held about you secure. Except to the extent liability cannot be excluded due to the operation of statute, we exclude all liability (including in negligence) for the consequences of any unauthorised access to, disclosure of, misuse of or loss or corruption of your personal information.

Nothing in this Privacy Policy restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010. Please notify us immediately if you become aware of any breach of security.

13. Accuracy of the personal information we hold

The company is committed to maintain your personal information as accurately as reasonably possible. You are encouraged to contact the company at the details below if the personal information held about you is incorrect or to notify of a change in your personal information.

14. How can you access and correct personal information we hold about you?

You may seek access to personal information which we hold about you by contacting us as at the details below. We will provide access to that information in accordance with the Privacy Act, subject to certain exemptions which may apply.  We may require that the person requesting access provide suitable identification and where permitted by law we may charge an administration fee for granting access to your personal information.

If you become aware that any personal information we hold about you is incorrect or if you wish to update your information, please contact us at the  details below.

15. Links, cookies and use of our websites and applications

The company’s website(s) may contain links to other sites. This Privacy Policy applies to the company’s websites and not any linked sites. The company’s websites may use “cookies” and similar technology. If you prefer not to receive cookies, you can adjust your Internet browser to refuse cookies or to warn you when cookies are being used.

16. Terms of use and accuracy

We are not responsible if information made available on this website is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.

Prices for our products and services are subject to change without notice. We reserve the right at any time to modify or discontinue a service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of a service.

We may change or update our Privacy Policy and Terms of Use from time to time. At any time, the latest version of our Privacy Policy and Terms of Use are available from our website at happysimple.com.au/legal/privacy-terms.

We reserve the right, but are not obligated, to limit the sales of our products and services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product or service at any time.

17. Prohibited uses

You are prohibited from using the website or its content:

  • for any unlawful purpose;
  • to solicit others to perform or participate in any unlawful acts;
  • to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
  • to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
  • to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
  • to submit false or misleading information;
  • to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
  • to collect or track the personal information of others;
  • to spam, phish, pharm, pretext, spider, crawl, or scrape;
  • or to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet/

We reserve the right to terminate your use of the service or any related website for violating any of the prohibited uses.

18. Queries, comments and complaints about our handling of personal information

If you have any questions, comments, or complaints about the collection, use, or disclosure of personal information, please contact us at: hello@happysimple.com.au

We will take any privacy complaint seriously and any complaint will be assessed with the aim of resolving any issue in a timely and efficient manner.  We request that you cooperate with us during this process and provide us with any relevant information that we may need.