Introduction
Here at My Gear Fetish (we, us, our, or My Gear Fetish) protecting your privacy and treating your personal information with care is of paramount importance to us. This Privacy Policy explains why we collect personal information and how we collect, use, disclose, store and protect your personal information when you use our website and services.
It also explains how to contact us to correct, update or delete any personal information provided to us, or make a complaint if you have concerns. We are compliant with the privacy principles of the country in which you reside and the country where your personal information is stored as to how those countries, they regulate how we collect, use, disclose, store and protect your personal information.
We will only collect and process personal information about you where we have a lawful basis to do so. Lawful basis includes consent (where you have given consent), contract (where processing is necessary for the performance of a contract with you) and legitimate interests (including security threats or frauds, compliance with applicable laws, and enabling us to administer our business).
You expressly and voluntarily grant your informed consent to My Gear Fetish to deal with your personal information in accordance with the terms and conditions of this Privacy Policy. You have the right to withdraw or decline your consent at any time and where we rely on legitimate interests, you have the right to object.
Changes that we make to our Privacy Policy
We will notify you about any changes to our Privacy Policy by updating the “Last updated” date of this Privacy Policy. You are encouraged to periodically review this Privacy Policy to stay informed of updates. You will be deemed to have been made aware of, will be subject to, and will be deemed to have accepted the changes in any revised Privacy Policy by your continued use of our website and services after the date such revised Privacy Policy is posted.
Collection of your personal information by third parties
This Privacy Policy does not apply to third-party websites or applications or payment gateways, which may also collect and use data about you. We are not responsible for any of the data collected by any such third party.
IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY, PLEASE DO NOT ACCESS OUR SITE OR USE OUR SERVICES.
Which entities does this Privacy Policy cover?
This Privacy Policy applies to My Gear Fetish and all related entities of My Gear Fetish around the world with respect to our website and services. My Gear Fetish is also bound by the privacy policy of the third party service providers like Google Play Store and iTunes App Store if we provide access to our services via an application.
What is personal information?
Personal information is defined as information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.
What personal information do we collect?
Personal Data
Demographic and other personally identifiable information (such as your name and email address) that you voluntarily give to us when choosing to use our website and services.
Financial information, such as data related to your payment method (e.g. valid credit card number, card brand, expiration date) that we may collect when you use our website and services. We store only very limited, if any, financial information that we collect.
Otherwise, all financial information is stored by our payment processor and you are encouraged to review their privacy policy and contact them directly for responses to your questions.
We will not disclose information relating to your financial affairs that we hold to a third-party because of your use of our website and services unless you tell us to do so or we have a legal obligation to do so.
We may request access or permission to and track location-based information from your mobile device, either continuously or while you are using our website and services, to provide location-based services. If you wish to change our access or permissions, you may do so in your device’s settings.
We may request access or permission to certain features from your mobile device, including your mobile device’s camera, microphone, reminders, sensors, storage, phone book and contacts, biometric authentication, gallery and photos, media and storage and other features. If you wish to change our access or permissions, you may do so in your device’s settings. However, limiting our website and services to these features may result in certain features of our website and services not working.
Device information such as your mobile device ID number, model, and manufacturer, version of your operating system, phone number, country, location, and any other data you choose to provide.
We may request to send you push notifications regarding your account or our website and services. If you wish to opt-out from receiving these types of communications, you may turn them off in your device’s settings.
Information from third parties, such as personal information, if you connect your account to the third party and grant our website and services permission to access this information.
Our website and services do not address anyone under the age of 18 (Children). Our website and services are intended for and directed to adults and we do not knowingly collect personal information from Children.
If you are a parent or guardian and you are aware that your Children have provided us with personal information, please contact us. If we become aware that we have collected personal information from Children without verification of parental consent, we will take steps to remove that information from our servers.
Why do we collect your personal information?
We may collect your personal information when required by law but generally we collect personal information from you (or about you) to allow us to:
· supply you with the services;
· supply you with tailored service offerings that may benefit you;
· communicate more effectively with you about our services and your care;
· ensure your experience with us is a positive one; and
· notify you about our new service or product offerings, discounts, promotions or upcoming events.
Personal information collected or received by us will only be used for the stated purpose for which it was provided.
When you access our website and services by or through a mobile device, we may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data.
When do we disclose your personal information?
Your personal information will not be used contrary to this Privacy Policy but may be disclosed to third parties in the following circumstances:
· for the purpose it was collected;
· if we sell all or part of our business and the purchaser also requires your personal information;
· to enforce our legal rights or those of others;
· to prevent actual or potential fraud or illegal activity; or
· if we are required to do so by law.
If personal information is disclosed to a third party, we are required to take reasonable steps to ensure your personal information is treated in accordance with the laws that apply to personal information in that country.
When and how do we collect your personal information?
We collect most personal information directly from you when you consent to communications from us. Your consent may be express (e.g. you agree to the use of your information by ticking a box) or implied by an action you take or do not take (i.e. because you have agreed to terms and conditions that contain information about the use or disclosure of your information).
What if you don’t want us to collect your personal information?
You are not obligated to provide us with your personal information. You may choose whether you receive communications from us. Whilst it is your choice not to provide your personal information to us this may impede our ability to provide you with all of the functionality of our services.
What if you don’t want to receive further communications from us?
Should you wish to remove yourself from our contact database you may do so at any time by contacting our Privacy Officer via our website.
How can I access, correct and/or update personal information you have collected?
At any time, you may contact our Privacy Officer and request your personal information be modified. We will make all efforts to correct data once we have proved your identity.
We will deal with all requests for access to personal information as quickly as possible, but no later than 30 calendar days from the date of your request (unless any complexities arise). Requests for a large amount of information, or information which is not currently in use, may require further time before a response can be given.
We will provide you your personal information in a structured, commonly used, machine-readable format.
In some cases, we will refuse to give you access to personal information we hold about you. This includes, but is not limited to, circumstances where giving you access would: be unlawful; have an unreasonable impact on other people’s privacy; prejudice an investigation of unlawful activity; reveal our intentions in relation to negotiations with you so as to prejudice those negotiations; prejudice enforcement related activities conducted by, or on behalf of, an enforcement body.
We will also refuse access where the personal information relates to existing or anticipated legal proceedings, and the information would not be accessible by the process of discovery in those proceedings. Further, we will refuse access where your request is frivolous or vexatious, and where we reasonably believe that:
· giving access would pose a serious threat to the life, health or safety of any individual, or to public health or public safety;
· unlawful activity, or misconduct of a serious nature, is being or may be engaged in against us and giving access would be likely to prejudice the taking of appropriate action in relation to that matter.
If we refuse to give you access, we will provide you with reasons for our refusal, unless doing so would be unreasonable in the circumstances. We will also take reasonable steps to give you access in a way that meets your needs without giving rise to the reasons of our refusal. Further, we will provide details of how you may make a complaint about our decision.
Please note that the access and correction requirements under this Privacy Policy operates alongside and do not replace other informal or legal procedures by which an individual can be provided access to, or correction of, their personal information.
EU citizens are entitled to the right to erasure of personal information in certain circumstances, including but not limited to where the information is no longer necessary for the purpose for which it was collected, or where the EU citizen withdraws their consent and there is no other legal ground for processing their personal information. Please contact our Privacy Officer to discuss your request to remove your personal information.
EU citizens acknowledge and agree that we may exercise any of the exceptions to the right of erasure, specifically in cases where data processing is necessary to exercise the right of freedom of expression and information.
We retain information for as long as required, allowed or we believe it useful.
We’ll retain your personal information for as long as we have a relationship with you and for a period of time afterwards where we have an ongoing business need to retain it, in accordance with our data retention policies and practices. Following that period, we’ll make sure it’s deleted or anonymised.
How do we store and protect your personal information?
For us to provide excellent service we are required to store some personal information and take the greatest of care to ensure this information is treated as private and confidential. Transmitting personal data via the internet does have inherent risks associated with it. We will however take all reasonable steps to ensure the security of this data.
We have taken the necessary measures to ensure the personal information (including the financial information about yourself) we hold is not compromised. In accordance with and as permitted by applicable law and regulations we will retain your information as long necessary to serve you, to maintain your account or as otherwise need to operate our business.
Our website is protected by security certificates and are built considering all modern security stands where possible. We will take reasonable steps to maintain the integrity and security of any personal information we have stored, including taking reasonable steps to prevent interference and loss, misuse, unauthorised access, modification or disclosure of such personal information.
Note that no information transmitted over the Internet can be guaranteed to be completely secure. While we will endeavour to protect your personal information as best as possible, we cannot guarantee the security of any information that you transmit to us or receive from us. The transmission and exchange of information is carried out at your own risk.
It is important that you protect your privacy by ensuring that no one obtains your personal information and you must contact us either directly or via your website if your details change. Should your information be erroneously provided to us or no longer remain valid within the constraints of this Privacy Policy we will securely destroy or de-identify it as soon as practicable, as long as it is lawful to do so.
We have obligations to notify you if you are affected by a data breach. We will take all reasonable precautions to take remedial action to prevent such an event. However, as we cannot guarantee that remedial action will be sufficient to prevent all instances of a breach, we will take steps to notify you of an eligible data breach as soon as practicable, or no later than 72 hours (where feasible) for EU citizens, and provide recommendations as to what steps you should take to mitigate any serious loss or damage.
Log Data
Whenever you use our website and services, in a case of an error we collect data and information (through third party products) called Log Data. This Log Data may include information such as your device, Internet Protocol address, device name, operating system version, the configuration of the app when utilizing our website and services, the time and date of your use of our website and services and other statistics.
Transfer out
We may transfer data out of Australia or the place our servers are located that host our website, including all personal information, to our hosting service providers and data centres located overseas. You hereby expressly and voluntarily grant your informed consent to such transfers.
Changes to this Privacy Policy
We reserve the right to modify or amend this Privacy Policy at any time.
If you object to any changes, you may close your account and cease using our website and services. You acknowledge and agree that your continued use of our website and services after the Notice Period about our changes to this Privacy Policy means that the collection, use and sharing of your personal information is subject to the updated Privacy Policy.
European Union (or EU)
Unless otherwise specified, all references made within this document to the European Union include all current member states to the European Union and the European Economic Area.
California Privacy Rights
California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.
If you are under 18 years of age, reside in California, and have a registered account with the Application, you have the right to request removal of unwanted data that you publicly post on the Application. To request removal of such data please contact us via and confirm the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Application, but please be aware that the data may not be completely or comprehensively removed from our systems.