About Us

Howdy!

Please make sure you read the terms below.

We FIND great stuff and pass it on! Where you see the star ★ this is means that we are not affiliated or sponsored in anyway. Sponsored placement on the app or elsewhere will be clearly marked. 🙂

If you have any questions regarding any of the sections below, I will be happy to answer.

Amy xx

GIVEAWAY TERMS AND CONDITIONS

Each month our giveaways will be promoted until the last day of the current month. They will be drawn at random by 8pm on the last day and announced by midday on the first.

Sign up on the website as a business or user will automatically put you in the draw each giveaway.

Winners will be announced on poppy social media and individually notified via email must be over 18 and provide a delivery address for postage. Open to Australian residents only.

POPPY APP

BUSINESS SIGN UPS!

If you are a business signing up please read though all terms and conditions. If you create & pay for a promotion tile which is NOT approved due to not following the t’s&c’s you will be refunded into a nominated bank account 70% of the full amount. This is due to unavoidable admin fees, so please ensure you read through carefully prior to making any in app purchases.

ENSURE YOUR BUSINESS FITS CORRECTLY INTO THE AVAILABLE CATEGORIES AND THAT YOUR BUSINESS FOLLOWS ALL TERMS INCLUDING SECTION 12 OF THIS PAGE .

We may make small changes to ensure approval but will advise prior to publishing.

 

TERMS AND CONDITIONS OF USE

The following general terms and conditions (“Terms”) form a legally binding agreement between You and Us in relation to Your access to, and use of, Poppy.  By accessing or using Poppy, You acknowledge and warrant to Us that You have read, understood and agree to be bound by these Terms.  If You do not accept these Terms, You must refrain from accessing or using Poppy.  By clicking “I Agree” or by otherwise using Poppy (which includes this version and any other update, feature or future version of Poppy that We may provide) You agree to the following Terms, so You should read these Terms carefully.

In these Terms, “Poppy” means, collectively and individually, the Website, the Application and the Services. Other definitions for certain capitalised terms are set out at the end of these Terms.

 

  1. Eligibility

By using Poppy You represent and warrant that You are at least 16 years old or that, if You are younger than 16, You have the permission of a parent or guardian.  Parents and guardians of Users under the age of 16 must read and agree to be bound by these Terms and are responsible for such use of the Services.

If You are accepting these Terms on behalf of a company, organisation, association or agency as its authorised legal representative, then You represent and warrant that You have the power and authority to bind such company, organisation, association or agency to these Terms.

 

  1. Access

The use of Poppy or some of Our Services may require You to register with Us or open an account (including if you wish to use Poppy as a Retailer).  To do so, You must complete the registration process in the manner described on Our Website or Application.  By registering with Us, You agree that all information You provide is accurate and up to date and does not infringe any person’s rights. You must also update Your details if any of them change.

Registration is non-transferable.  You are responsible for all of the activities that occur under Your account. You should carefully choose Your password and user name and protect them from unauthorised use. Please let Us know immediately of any unauthorised use of Your account or any other breach of security.  We are not liable for any loss if someone else uses Your password or account.

Third party facilities, including software programs, may be necessary or appropriate in conjunction with Your access to or use of Poppy.  You agree that Your use of such facilities is governed by the relevant third party’s user terms and/or licence/services agreement and not by these Terms.

Access to Poppy is permitted on a temporary basis, and We reserve the right to suspend, withdraw, discontinue or amend all or any part of Poppy without notice. We will not be liable if, for any reason, Poppy is unavailable at any time or for any period.  You are responsible for making all arrangements necessary for You to have access to Poppy. You are also responsible for ensuring that all persons who access Poppy through Your internet connection are aware of these Terms, and that they comply with them.

 

  1. Payment terms

Access to, and use of, Poppy, or any part or feature of the Services, may be subject to payment of certain Fees by You, as set out by Us on the Website, the Application and/or in these Terms.  You acknowledge that the continued availability of any part or feature of Poppy or the Services may be conditional upon continued payment of such Fees.

You acknowledge and agree We may change Our Fees at any time.  We will endeavour to notify You via the Website and/or the Application of any changes to the Fees before they come into effect, however this may not always be possible.

If You do not accept the Fees or any changes to the Fees, You must not access or use Poppy.

If You make any payments for Fees with a credit or charge card or an online payment account, You warrant that You are the cardholder or account holder and that the billing information provided is accurate, and You authorise Us to charge the designated credit or charge card or online payment account for the total amount of the Fees, plus any applicable GST.  All payments and purchases made in connection with Poppy are in Australian dollars.

Where applicable, You agree to pay all GST and other similar taxes imposed in connection with the supply of Poppy to You.  You are responsible for all internet service provider fees, telecommunication and other charges required for your connection to, or use of, Poppy.

We are not obliged to provide refunds of any Fees paid by You, however We may offer a refund where We determine that extenuating circumstances apply.

 

  1. External sites and third-party service providers

In using Poppy, You may come across links or references to external links, service providers, merchants or suppliers (such as Retailers).

We do not endorse, warrant, guarantee or make any promises about such third parties, such external links or about any information, products or services that any third parties may supply to you..  Any transaction You have with these service providers are between You and them, and We do not get involved.

By accessing external links to third party service providers and other sites through Poppy, We do not promise that they are appropriate, that they work or that they are virus free.  You agree to take reasonable precautions in accessing and using such external links.

We accept no responsibility for any loss or damage that may arise from You accessing external links through Poppy or from Your use of, or engagement or transaction with, any third-party service providers.

 

  1. Interactions through Poppy

Poppy is a merely a platform intended to facilitate the interaction between Users.  You acknowledge and agree that You are solely responsible for any interaction, relationship, agreement or arrangements between You and another User.  Any transaction or dealing You may enter with any other User or in connection with any Promotion is entirely at your own risk.  You agree that We are not liabile for any decision made or action taken in reliance on any Promotion or other information contained on or omitted from Poppy.  You acknowledge that any transaction or dealing You enter into with another User may be subject to You entering into a separate, binding agreement with that User. We are not a party to any such agreement or arrangement entered into by or between Users.

We are not responsible for resolving or dealing with any disputes, disagreements or matters in relation to any dealings between Users, and we are not obliged to be involved in such disputes, disagreements or matters in any way.  If You have a dispute with one or more Users, You release us (and our directors, employees and agents) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.

You acknowledge that We are not obliged to verify any Promotion or other information provided by any User or to otherwise conduct background checks on any User.  We will not be liable for any damages or loss that may arise from the conduct of any User in connection with the use of Poppy.  By using Poppy, You agree to take reasonable precautions in all interactions with other Users.

 

 

  1. Content on Poppy

You acknowledge that any information displayed on Poppy (including with respect to any Promotion) is intended to be general information only and should not be considered advice or a recommendation to acquire any product or service that may be displayed on Poppy or to otherwise engage in any relationship or transaction with another User (such as a Retailer).  We do not endorse or guarantee the accuracy of any Promotion or other Content posted or displayed by Users or other third parties.  The displaying of such Promotion or other Content on Poppy in no way implies Our endorsement or recommendation of any such information, product or service referred to or promoted in that Promotion or Content.  You acknowledge and agree that You will exercise all due care and caution in, and that You are solely responsible for, entering into any transaction, arrangement or agreement for the sale, purchase or consumption of information, products and/or services via Poppy.

You agree that You are solely responsible for any Content or information that You provide or post to Poppy.

  1. Promotions by Retailers

You acknowledge and agree that:

  • all Promotions are subject to availability, and We do not promise or guarantee that any Promotions will be available to You;
  • Retailers are under no obligation to give You priority over other ordinary customers with respect to a Promotion;
  • any terms and conditions of the Retailer will apply in addition to these Terms with respect to that Retailer’s Promotion;
  • Retailers may impose certain conditions with respect to Promotions (such as a minimum age or other restrictions regarding weight, health or other factors) and it is Your responsibility to confirm that You are able to comply with any such conditions;
  • where Retailers make a Promotion on a time basis, the advertised time may be indicative and approximate;
  • photographs appearing on Poppy to illustrate details of Promotions are intended to be indicative only; and
  • Promotions may be subject to change at any time without notice.

 

  1. Information You provide to Us

When You use Poppy, You may send personal information to Us. We will use, store and handle this information in accordance with the requirements of the Privacy Act 1988(Cth) that apply to Us and Our privacy policy which may be accessed at heypoppy.com.au. Our privacy policy applies to You and Your use of Poppy at all times.

We do not claim ownership of the information, Content or data (which may include geographic location data) that You provide to Us in using Poppy (Your Data).  You (or Your licensors, as applicable) will continue to own any and all Intellectual Property in Your Data. However, You agree to grant Us a perpetual, non-exclusive, assignable, worldwide and royalty free licence (with a right to sub-licence) to use, store, reproduce, adapt, communicate, publish, display and/or distribute Your Data. This right continues even if You no longer use Poppy.

We will only use Your Data for the purposes of providing the Services; for operating, promoting or improving Poppy; for developing other products or services; and for any other purposes set out in Our privacy policy or these Terms. This means, for example, that We might use Your Data to compile statistical information for use in marketing Poppy, to make improvements to it, or to develop complementary products or services.  We or Our partners may also use Your Data for direct marketing purposes, including to provide updates, newsletters, events or other communications that We think may interest You.  Where required by law, Your prior consent will be obtained before We send direct marketing.  In any event, we will offer You the option to unsubscribe from electronic marketing materials.

Without limiting the above, You acknowledge that We may also de-identify Your Data or aggregate it in such a way that it cannot be used to identify You (Aggregated Data).  To the extent that any Aggregated Data is owned by You, You unconditionally and irrevocably grant Us a perpetual, non-exclusive, assignable, worldwide and royalty free licence (with a right to sub-licence) to use, store, reproduce, adapt, communicate, publish, display, disclose, distribute, commercialise and/or otherwise exploit such Aggregated Data for any purpose We see fit (including without limitation by creating or improving products and services, which We may sell, license or otherwise provide to third parties for reward).  This licence survives termination of these Terms for any reason.

If You use third party programs in conjunction with Poppy, You acknowledge that We may allow the providers of those third party programs to access such of Your Data as required for the interoperation of such third party programs with Poppy.  We are not responsible for any disclosure, modification or deletion of Your Data resulting from any such access by third party program providers.

You warrant and undertake to Us that any and all of Your Data provided by You or with Your authority (including with respect to any Promotion):

  • is accurate, complete and up-to-date;
  • is not misleading or deceptive;
  • does not contravene any Applicable Laws or violate or infringe any copyrights, trade marks or any other intellectual property rights or rights of third parties, including the rights of publicity or privacy; and
  • otherwise complies with these Terms.

If You would like to know more about how We use, store or handle Your Data (including Your personal information), please contact Us at amy@poppyapp.com.au.

 

  1. Advertisement information and cookies

We may allow certain Users to post information (including with respect to Promotions) on the Application and/or the Website. We are not responsible for any incorrect, inaccurate, incomplete or unreliable information provided by any User. Users are solely responsible for relying on any such information. You may not copy, duplicate, distribute, display, sell, translate, publish, transmit or modify any such information without express consent from Us.

Advertisements displayed on Poppy (which may be delivered by Our advertising partners) may set cookies.  These cookies, which are industry standard and used by most websites, allow the ad server to recognise Your computer each time they send You an online advertisement to compile non-personal identification information about You or others who use Your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to You.  If You do not want information to be collected through the use of cookies, there is a simple procedure in most browsers that allows You to deny or accept the cookie feature.  Please be aware that denying the cookie feature may prevent You from taking full advantage of Poppy.

 

  1. Changes to Poppy and its availability

We may change or improve Poppyat any time.  For example, We may develop and distribute updates, enhancements or new features.  We may also restrict access to all or any part of Poppy, stop making Poppy available or modify its availability in any way. We are under no obligation to update any material that may be out of date at any given point in time.

We will always try to give You notice of any changes to Poppy or its availability before such changes take effect, although this may not always be possible.  To the maximum extent permitted by law, We do not accept liability for any damage or loss which You may suffer or incur as a result of such actions.

 

  1. Intellectual Property

We, and Our licensors (as applicable), own all Intellectual Property in and to Poppy(including any updates, enhancements and new features), and any material published on Poppy. This material includes, but is not limited to, the design, layout, look, appearance, graphics, trade marks, branding and logo. You must not copy, modify, distribute, sell or lease any part of Our Intellectual Property other than in accordance with this section.

Poppy, and the Content published on it, are protected by the copyright laws of Australia and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from Our Website for Your personal use and You may draw the attention of others within Your organisation to Content posted on Poppy. You must not modify the paper or digital copies of any materials You have printed off or downloaded in any way, and You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of Content on Poppymust always be acknowledged. You must not use any part of the Content on Poppy for commercial purposes without obtaining a licence to do so from Our licensors or Us.

If You print off, copy or download any part of Poppy in breach of these Terms, Your right to use Poppy will cease immediately and You must, at Our option, return or destroy any copies of the materials You have made.

Subject to and on the terms of these Terms, We grant You a limited, personal, revocable, royalty-free, non-assignable and non-exclusive licence to use Our Intellectual Property in and to Poppy solely to enable You to enjoy the benefits of Poppy as intended by Us under these Terms.

 

  1. Prohibited uses

You agree that You will only use Poppy for lawful purposes. If You send or post information on or using Poppy, You are responsible for anything You send or post. You must not send or post anything that is offensive, infringes any person’s rights, is against any Applicable Law, or which We think is inappropriate.

You must ensure that Your access to and use of Poppy is not illegal or prohibited by any laws which apply to You.  By using Poppy, You represent and warrant that You will not:

  • infringe the rights of any other person, including without limitation any intellectual property rights;
  • provide false information, misleading or inaccurate information to Us or any other User;
  • defame another person;
  • impersonate, or otherwise misrepresent affiliation, connection or association with, any person or entity;
  • post Content that is not accurate, complete or correct or may otherwise mislead or deceive other persons;
  • disclose another person’s confidential information or otherwise contravene Your privacy obligations or any other person’s privacy obligations;
  • use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from Poppy for any purpose, including without limitation use on third-party websites;
  • attempt to probe, scan, or test the vulnerability of Poppy or any associated system or network, or breach security or authentication measures without proper authorisation;
  • post any Content that is illegal or may constitute or encourage any contravention of any applicable laws by any person;
  • threaten, offend or abuse another User; or
  • do anything which is otherwise, in Our view, inappropriate or harmful to Poppy.

We may remove from, or refuse to display on, Poppy anything that We think is inappropriate or in breach of these Terms in Our absolute discretion.  We will not allow Retailers from the following industries to use Poppy:

  • drug and alcohol industry;
  • sex industry;
  • mutli-level marketing industry; or
  • any illegal industry.
  1. Security and integrity

While We endeavour to adhere to best practice policies and procedures to prevent data loss, We do not guaranteethat there will be no loss of data and We expressly exclude liability for any loss of data no matter how caused.

You must not violate the security of Poppy in any way.  We may suspend or cancel Youraccount or Your access to Poppy if We suspect any security violation. We may also inform any law enforcement body of any suspected unauthorised or criminal activity. Examples of security violations include:

  • attempting to gain unauthorised access to any part of Poppy, servers or system infrastructure You were not intended to have access to;
  • use Poppy in a way that was not intended by Us;
  • attempting to reverse engineer Poppy or any system or offering provided through it;
  • interfering with or disrupting (or attempting to interfere or disrupt) any servers or networks connected to Poppy;
  • sending or storing any harmful code (including, for example, any computer virus, trojan, worm or other code that is harmful or disabling or which assists in or enables unauthorised access to or corruption of data); or
  • using any feature of Poppy or any other means to send unsolicited commercial correspondence to other Users.

 

  1. Changes to these Terms

We may update these Terms at any time, with such updates taking effect when You next use Poppy or after 30 days, whichever is sooner.  No other amendment to the agreement constituting these Terms will be effective unless made in writing, signed by You and by Us.

We will use reasonable endeavours to give You notice of any update to these Terms (which notice may be through the Website and/or the Application) before the change comes into effect, although this may not always be possible.

If You continue using Poppy after an update takes effect, You are deemed to have agreed to the update and will be bound by these Terms as amended.

 

  1. Outcomes and use

We have spent a significant amount of time developing and refining Poppy and are confident You will enjoy using itand find it useful. However, We cannot promise or guarantee any specific outcomes from the use of Poppy. To the extent permitted by law, We do not make any representations or guarantees about the User experience, quality, or outcomes of any interactions that are initiated via Poppy. You acknowledge that Poppy is provided on an “as is” and “as available” basis and that, to the fullest extent allowed by law, we expressly disclaim all express and implied warranties including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

 

  1. Limitation of liability

By accessing and using Poppy, You assume all risks associated with such access and use. You agree not to hold Us responsible for things other Users post or do.

As there are many factors beyond Our control that may affect the performance or compatibility of Poppy with certain software or hardware, We cannot promise that Your use of Poppywill be uninterrupted or error or defect free or that errors or defects in Poppy will be corrected. While We use reasonable measures to ensure the accuracy and currency of data and information on Poppy, We are not responsible for the data and information supplied to or by Users or third parties. We make no guarantee that the Content on Poppy (including with respect to any Promotions)is accurate or current. It shall be Your own responsibility to ensure that any products, services or information available through Poppy meet Your specific requirements. Information is for guidance only and is not intended to form any part of a contract.

To the maximum extent permitted by law, We (and Our directors, employees and agents) do not accept any liability for, and You agree to release Us (and Our directors, employees and agents) from any and all claims in relation to any loss, howsoever caused, suffered or incurred by You arising from:

  • Your use of Poppy, including in connection with any Promotion; and/or
  • any interaction You may have with any other User,

(including without limitation any consequential losses or damages) and any liability We owe is limited, to the maximum extent permitted under law, to the amount You paid to use Poppy, or (if we choose) Us providing the relevant Service again. To the extent allowed at law, in no event will We be liable for any direct, indirect, incidental, special, exemplary, consequential, or other damages (including, but not limited to, loss of profits, business interruption, loss of program or data), without regard to the form of action, whether under legislation, in contract, tort, negligence, strict liability, or otherwise, arising out of or in connection with Poppy, or any Content, service, site or link displayed on or accessed through Poppy.

 

  1. Indemnity and release

You agree to indemnify, defend and hold Us (and Our directors, employees and agents) harmless from and against all claims, liabilities, losses and expenses (including reasonable legal fees on a full indemnity basis) that arise from any:

  • activity which You engage in with or through Popp (including any Promotion);
  • breach of these Terms by You;
  • breach of any rights of a third party by You;
  • breach of any Applicable Law by You; or
  • transaction, dispute or other dealing between You and another person (including any Retailer or other User) that arises from or through Poppy, including with respect to any Promotion.

 

  1. Termination

We may suspend Your access to Poppy (or any part of Poppy) or terminate Our agreement with You and Your access to Poppy if We reasonably consider that You are in breach of any provision of these Terms.  We may in Our discretion terminate Our agreement with You and Your access to all or part of Poppy without the need to provide reasons.

 

  1. Jurisdiction

These Terms and any disputes or claims arising out of or in connection with them or their subject matter or formation shall be governed by the laws of South Australia. You submit to the jurisdiction of the courts of South Australia in respect of any claim arising from, or related to, these Terms, although We reserve the right to bring proceedings against You for breach of these Terms in Your country of residence or any other relevant jurisdiction.

 

  1. Severance

If any provision of these Terms is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision will, to the extent required, be severed from these Terms and rendered ineffective as far as possible without modifying the remaining provisions of these Terms and will not in any way affect any other circumstances of or the validity or enforcement of these Terms.

 

  1. Key terms

In these Terms, unless the contrary intention appears:

Applicable Law” means any and all statutes, regulations, by-laws, ordinances or subordinate legislation in force from time to time which pertains to Your use of, and access to, Poppy and the posting of any Content on Poppy and includes, without limitation, those relating to advertising, equal opportunity, anti-discrimination, trade practices, fair trading, Intellectual Property, privacy and confidentiality.

Application” means the application known or referred to as “Poppy”, made available by Us.

Content” means any text, graphics, photographs, trade marks, logos, sounds, music, artwork, computer code and other material used, displayed or available on Poppy.

Fee” means any fee charged by Us for the User’s use of Our Services.

Retailer” means a person (and any employee, agent, or representative of a person):

  • who has completed registration on Poppy to use the Services as a “Retailer” (as set out on the Website and/or Application) and who We have approved as a “Retailer” for that purpose; or
  • who is running a Promotion that We choose to display on Poppy;

Intellectual Property” means any registered or unregistered rights in any copyrights, patents, inventions, discoveries, trade marks, processes, systems, methods, know-how, designs or confidential information or any rights of a similar nature under the laws of Australia or anywhere else in the world.

Promotion” means any offer, advertisement, promotion, competition or special displayed on Poppy with respect to products and/or services made available by a Retailer.

Services” means the services, information, products and/or resources provided by Us on, from or through Poppy, or any other communication We may have with Users in accordance with these Terms.

Terms”means these terms and conditions.

User” means any person who has access to, or otherwise uses, Poppy, including Retailers.

Website” means the website operated by Us at www.poppyapp.com.au and includes, without limitation, any subdomains and services associated with such website.

We”, “Us”, “Our” means Jamesdaisy Pty Limited ABN 44 613 694 492 and its related bodies corporate and associates (as defined in the Corporations Act 2001(Cth)).

You”, “Yourself”, “Your” means any person, company or organisation who is a User.

 

Feedback and reporting misconduct

We encourage all Users to report any misconduct experienced while using Poppyby contacting Us atamy@poppyapp.com.au

 

Further information

If You have any questions about these Terms or would like any further information, please contact Us at amy@poppyapp.com.au

We appreciate your interest and thank you for visiting Poppy.

 

DIRECTORY & APP TERMS & CONDITIONS

  1. The online directory or the poppy app are in no way endorsed by Jamesdaisy PTY LTD
  2. The profiles on both the app and the online directory are in NO WAY a formal endorsement of a business or person. You enter into any relationship directly and at your own risk.
  3. We do not allow (and will not approve) the inclusion of businesses in the following fields on either the desktop or Poppy app;-
  • Drug & Alcohol
  • Sex industry
  • Any business that is illegal
  • Multi level marketing
  1. We put you in touch with our network of businesses.  We do not provide any services to you directly.
  2. If you engage a business, service or make use of an offer you find through jamesdaisy or the poppy app acknowledge that we are not a party to that engagement.  It is between you and the business.
  3. Services are provided “as is” and “as available”.  You agree not to hold Jamesdaisy responsible for things the service providers, businesses or people  do or don’t do.
  4. We do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what is offered.
  5. We do not make any representations or warranties about the businesses on the jamesdaisy website or the poppy app
  6. To the extent permitted by law, we are not liable for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind by a service provider which violates or infringes upon your rights or otherwise violates any applicable law.
  7. We may take technical and legal steps to keep users off the JamesDaisy website if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies.
  8. However, whether we take any of these steps, we don’t accept any liability for monitoring the services provided by third-parties or for use of the services by others.
  9. Nothing in these terms excludes, restricts or modifies any rights or statutory guarantees that you may have under applicable laws that cannot be excluded, restricted or modified, including any such rights or statutory guarantees under the Australian Consumer Law.
  10. We reserve the right to remove a business, profile or promotion on the app or online at anytime without notice.

 

PRIVACY POLICY

  1. Introduction

This document is the Jamesdaisy Pty Ltd Privacy Policy (“Policy”), which applies under the Australian Privacy Principles.

The Policy sets out how Jamesdaisy Pty Ltd collects and processes Information about you, when you engage with us.   For example, if you visit our website; use our apps on mobile phones; or access our social media where this Policy is posted.  By continuing to engage with us, you consent to your Information being collected, processed and/or shared in accordance with this Policy.

  1. Information we collect

We collect two types of information: Personally Identifiable Information – this is any information that, by itself, identifies you or would easily enable someone to contact and/or identify you, such as your name, email address or phone number; and Non-Personally Identifiable Information – this refers to all other information about you that you may provide to us or that we may collect from you.

In this Policy, both kinds are known as “Information”.

You may actively give us Information about yourself when you create an account and become a Member (“Membership Account”) with us; respond to a customer survey; email us; or post on any of our social media in a public forum.  In this Policy, these types of engagements with us are known as “Engagements”.

The Information that you provide may include, but not be limited to, your name, gender, date of birth, email address, telephone number, delivery address, billing address and payment information, and login and password.

Please note also that Information you disclose in public chat and similar forums is accessible by anyone, including third parties not bound by this Policy.

In any Engagements by you, we may also automatically collect the following Information even if you have not actively given it to us: your IP address, log-in information, location information (for example, via GPS or Wi-Fi), browser type and version, browser plug-in types and versions, operating system and platform, information about your visit including the URL clickstream to, through and from one of our Engagements, products and/or content you viewed or searched for, download errors, length of visits to certain pages and page interaction, and in the case of our mobile Engagements, the other Engagements you have downloaded and how you use those Engagements. We collect Information automatically through the use of various technologies, including through cookies.

We acquire Information from other trusted sources (including, for example, business partners, advertising networks, and social media), and from other Jamesdaisy Pty Ltd entities and affiliates, to update or supplement the Information you provided or we collected automatically. This includes Information from your social media account when you grant us access to your social media account in connection with, for example, creating a Membership Account with us. Where permitted by law, we may combine this Information we receive from other sources, and with Information you give to us or that we collect about you. If you have created a Membership Account on one of our Engagements, you can contact us to receive a copy of the Personally Identifiable Information we collect from you via your Membership Account and correct, amend, or delete Personally Identifiable Information that is inaccurate. You may also close your Membership Account altogether.

It is your responsibility to ensure that you submit true, accurate and complete Information via your Membership Account and keep it up to date. You may also update your Personally Identifiable Information by contacting us through the contact details provided below. Please make sure to include your name, username, and post code in your initial correspondence; this helps us protect the details and preferences on your Account from unauthorised access.

  1. How we use, share and disclose your Information

We may use your Information for the purposes of enabling you to use our Engagements, enabling us to fulfil orders you make (such as for products, services or newsletters), to send you marketing materials, and provide personalised content and experiences.

We may also use the Information we collect to administer our Engagements for internal purposes, including troubleshooting purposes; optimise or improve our products, services, operations, and Engagements; as part of our effort to keep our Engagements safe and secure; to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you; to communicate with you about your Account or transactions with us and send you information about features on our Engagements or changes to our policies; to provide you with advertising based on your activity on our Engagements and on third-party sites and Engagements; to make suggestions and recommendations to you and other users of our Engagements about goods or services that may interest you or them; and to detect, investigate and prevent activities that may violate our policies or be illegal.

  1. User choice, including how to opt in or opt out from direct marketing

As noted above, we, and selected third parties with whom we share your Information, may use your Information for direct marketing purposes, including to provide updates, newsletters, events or other communications that we think may interest you. Where required by law, your prior consent will be obtained before we send direct marketing.  In any event, we will offer you the option to unsubscribe from electronic marketing materials. If you do not wish us to share your Personally Identifiable Information with third parties for their marketing purposes, please contact us by way of the contact details provided below.

  1. Data Security and Retention

We apply appropriate security measures aimed at protecting your Personally Identifiable Information that is under our control from unauthorised access, collection, use, disclosure, copying, modification or disposal. We will notify you in compliance with applicable law regarding any data breach. Where you have a password that enables you to access our Engagements, you are responsible for keeping this password secure and confidential. Please be advised that we may retain some personal information after you delete your Membership Account, for example if necessary to meet our legal obligations or for tax and accounting purposes.

  1. Use of Engagements by minors

The features, programs, promotions and other aspects of our Engagements requiring the submission of Personally Identifiable Information are not intended for young children. We do not knowingly collect Personally Identifiable Information from children under the age of 16. If you are a parent or guardian of a child under the age of 16 and believe he or she has disclosed Personally Identifiable Information to us please contact us by way of the contact details below. A parent or guardian of a child under the age of 16 may review and request deletion of such child’s Personally Identifiable Information as well as prohibit the use of that Information.

  1. Online Tracking – Cookies and other technologies

We may use third party tools to make the advertising we show you on our Engagements and/or our partner websites more relevant and interesting to you. For this purpose, we use cookies, flash cookies, web beacons or similar technologies to collect Information about your browsing behaviour, and deliver interest-based ads to you. A cookie is a text file containing small amounts of information that a website can send to your browser, which may then be stored on your computer as a tag that distinguishes your computer but does not name you. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off cookies; however, if you do this, some of the features of our Engagements may not work properly. You can also reject certain cookies served through Engagements by opting out on the website of the third party placing the cookie, which you can identify through your browser.

  1. Changes to the Policy

This Policy was last updated in December 2018. A notice will be posted on our Engagements for 30 days whenever this Policy is changed in a material way. By continuing to use our Engagements you confirm your acceptance of the relevant changes.

  1. Complaints about privacy

If you believe that we have breached the Australian Privacy Principles or this Policy, or you have any concerns about how your Information will be used, please contact us by way of the contact details provided below. We will respond to your complaint within 30 days. If our response does not satisfy you, you may apply to the Office of the Australian Information Commissioner.

  1. Overseas disclosure

We do not anticipate that any Information is likely to be disclosed to overseas recipients in countries within which we do not operate.

Questions about this Policy

If you have a question or concern about this Policy or our handling of your Information, you can contact us by way of the contact details provided below.

Amy Marshall
amy@jamesdaisy.com.au

 

Website Terms & Conditions

  1. Website Disclaimer:
    1. The website is provided “as is” without any representations or warranties, express or implied.  Without limiting the generality of the foregoing, JamesDaisy does not warrant that this website will be constantly available.
    2. Copyright in the content on the website is exclusively owned by JamesDaisy.  JamesDaisy grants each member a revocable licence to download and view content on its website for the personal, domestic or household use of members.  Members must not use, copy or modify any content on the website for any other purpose.
    3. All online programs are done at members’ own risk.  You need to assess whether a program is suitable for you, taking account of your own health and physical abilities.  JamesDaisy bears no responsibility for any injuries that arise from partaking in any program made available under the membership.
    4. Nothing on this website constitutes, or is meant to constitute, advice of any kind.  If you require medical advice, see a doctor.
    5. JamesDaisy is not liable to you (whether under contract, tort or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website for any loss or damage, including loss or corruption of information or data.
    6. JamesDaisy reserves the right to modify content on the website from time to time, in its sole discretion.
    7. The use of this website is governed by these terms and conditions.  The governing law is the law of South Australia.
    8. By using the JamesDaisy website, you agree that the conditions in this paragraph 5 are reasonable.  If you do not think they are reasonable, you must not use this website.