Privacy Policy

VIV THE LABEL PRIVACY POLICY

Last updated: February 14, 2025

This Privacy Policy describes how VIV THE LABEL PTY LTD ABN 92 677 647 086 (the "Site", "we", "us", or "our") collects, uses, and discloses your personal information when you visit, use our services, or make a purchase from vivthelabel.com.au (the "Site") or otherwise communicate with us regarding the Site (collectively, the "Services"). For the purpose of this Privacy Policy, "you" and "your" means you as the user of the Services, whether you are a customer, website visitor, or another individual whose information we have collected pursuant to this Privacy Policy.

We are committed to protecting the privacy of your personal information consistent with the Australian Privacy Act 1988 (Cth), the New Zealand Privacy Act 2020  and any other applicable laws or regulations.

Changes to This Privacy Policy

We may update this Privacy Policy from time to time, including to reflect changes to our practices or for other operational, legal, or regulatory reasons. We will post the revised Privacy Policy on the Site, update the "Last updated" date and take any other steps required by applicable law.

How We Collect and Use Your Personal Information

To provide the Services, we collect personal information about you from a variety of sources, as set out below. The information that we collect and use varies depending on how you interact with us.

In addition to the specific uses set out below, we may use information we collect about you to communicate with you, provide or improve the Services, comply with any applicable legal obligations, enforce any applicable terms of service, and to protect or defend the Services, our rights, and the rights of our users or others.

What Personal Information We Collect

The types of personal information we obtain about you depends on how you interact with our Site and use our Services. When we use the term "personal information", we are referring to information that identifies, relates to, describes or can be associated with you. The following sections describe the categories and specific types of personal information we collect.

Information We Collect Directly from You

Information that you directly submit to us through our Services may include:

  • Contact details including your name, address, phone number, and email.
  • Order information including your name, billing address, shipping address, payment confirmation, email address, and phone number.
  • Account information including your username, password, security questions and other information used for account security purposes.
  • Customer support information including the information you choose to include in communications with us, for example, when sending a message through the Services.

Some features of the Services may require you to directly provide us with certain information about yourself. You may elect not to provide this information, but doing so may prevent you from using or accessing these features.

Information We Collect about Your Usage

We may also automatically collect certain information about your interaction with the Services ("Usage Data"). To do this, we may use cookies, pixels and similar technologies ("Cookies"). Usage Data may include information about how you access and use our Site and your account, including device information, browser information, information about your network connection, your IP address and other information regarding your interaction with the Services.

Information We Obtain from Third Parties

Finally, we may obtain information about you from third parties, including from vendors and service providers who may collect information on our behalf, such as:

  • Companies who support our Site and Services, such as Shopify.
  • Our payment processors, who collect payment information (e.g., bank account, credit or debit card information, billing address) to process your payment in order to fulfill your orders and provide you with products or services you have requested, in order to perform our contract with you.
  • When you visit our Site, open or click on emails we send you, or interact with our Services or advertisements, we, or third parties we work with, may automatically collect certain information using online tracking technologies such as pixels, web beacons, software developer kits, third-party libraries, and cookies.

Any information we obtain from third parties will be treated in accordance with this Privacy Policy. Also see the section below, Third Party Websites and Links.

How We Use Your Personal Information

  • Providing Products and Services. We use your personal information to provide you with the Services in order to perform our contract with you, including to process your payments, fulfill your orders, to send notifications to you related to your account, purchases, returns, exchanges or other transactions, to create, maintain and otherwise manage your account, to arrange for shipping, facilitate any returns and exchanges and other features and functionalities related to your account. We may also enhance your shopping experience by enabling Shopify to match your account with other Shopify services that you may choose to use. In this case, Shopify will process your information as set forth in its Privacy Policy and Consumer Privacy Policy.
  • Marketing and Advertising. We may use your personal information for marketing and promotional purposes, such as to send marketing, advertising and promotional communications by email, text message or postal mail, and to show you advertisements for products or services that we believe you may be interested in. This may include using your personal information to better tailor the Services and advertising on our Site and other websites. In doing so, we will always comply with the Australian Spam Act 2003 and any other relevant applicable laws. If you do not want to receive marketing information about our products and Services, you can withdraw your consent at any time by using an unsubscribe option in an email or SMS or contacting our privacy officer at info@vivthelabel.com.au.
  • Security and Fraud Prevention. We use your personal information to detect, investigate or take action regarding possible fraudulent, illegal or malicious activity. If you choose to use the Services and register an account, you are responsible for keeping your account credentials safe. We highly recommend that you do not share your username, password, or other access details with anyone else. If you believe your account has been compromised, please contact us immediately at info@vivthelabel.com.au.
  • Communicating with You and Service Improvement. We use your personal information to provide you with customer support and improve our Services. This is in our legitimate interests in order to be responsive to you, to provide effective services to you, and to maintain our business relationship with you

Cookies

Like many websites, we use Cookies on our Site. For specific information about the Cookies that we use related to powering our store with Shopify, see https://www.shopify.com/legal/cookies. We use Cookies to power and improve our Site and our Services (including to remember your actions and preferences), to run analytics and better understand user interaction with the Services (in our legitimate interests to administer, improve and optimize the Services). We may also permit third parties and services providers to use Cookies on our Site to better tailor the services, products and advertising on our Site and other websites.

Most browsers automatically accept Cookies by default, but you can choose to set your browser to remove or reject Cookies through your browser controls. Please keep in mind that removing or blocking Cookies can negatively impact your user experience and may cause some of the Services, including certain features and general functionality, to work incorrectly or no longer be available. Additionally, blocking Cookies may not completely prevent how we share information with third parties such as our advertising partners.

How We Disclose Personal Information

In certain circumstances, we may disclose your personal information to third parties for contract fulfillment purposes, legitimate purposes and other reasons subject to this Privacy Policy. Such circumstances may include:

  • With vendors or other third parties who perform services on our behalf (e.g., IT management, payment processing, data analytics, customer support, cloud storage, fulfillment and shipping).
  • With business and marketing partners to provide services and advertise to you. Our business and marketing partners will use your information in accordance with their own privacy notices.
  • When you direct, request us or otherwise consent to our disclosure of certain information to third parties, such as to ship you products or through your use of social media widgets or login integrations, with your consent.
  • With our affiliates or otherwise within our corporate group, in our legitimate interests to run a successful business.
  • In connection with a business transaction such as a merger or bankruptcy, to comply with any applicable legal obligations (including to respond to subpoenas, search warrants and similar requests), to enforce any applicable terms of service, and to protect or defend the Services, our rights, and the rights of our users or others.

We disclose the following categories of personal information about users for the purposes set out above in "How we Collect and Use your Personal Information" and "How we Disclose Personal Information":

Category

Categories of Recipients

·       Identifiers such as basic contact details and certain order and account information

·       Commercial information such as order information, shopping information and customer support information

·       Internet or other similar network activity, such as Usage Data

·       Geolocation data such as locations determined by an IP address or other technical measures

·       Vendors and third parties who perform services on our behalf (such as Internet service providers, payment processors, fulfillment partners, customer support partners and data analytics providers)

·       Business and marketing partners

·       Affiliates

 

We do not use or disclose sensitive personal information without your consent.

Third Party Websites and Links

Our Site may provide links to websites or other online platforms operated by third parties. If you follow links to sites not affiliated or controlled by us, you should review their privacy and security policies and other terms and conditions. We do not guarantee and are not responsible for the privacy or security of such sites, including the accuracy, completeness, or reliability of information found on these sites. Information you provide on public or semi-public venues, including information you share on third-party social networking platforms may also be viewable by other users of the Services and/or users of those third-party platforms without limitation as to its use by us or by a third party. Our inclusion of such links does not, by itself, imply any endorsement of the content on such platforms or of their owners or operators, except as disclosed on the Services.

Children's Data

The Services are not intended to be used by children, and we do not knowingly collect any personal information about children. If you are the parent or guardian of a child who has provided us with their personal information, you may contact us using the contact details set out below to request that it be deleted.

Security and Retention of Your Information

The security of your data is important, and we take reasonable steps to ensure your personal information is protected against misuse, interference, loss, unauthorised access, modification or disclosure. These steps include various physical, administrative, personnel and technical measures. However, please be aware that no security measures are perfect or impenetrable, and we cannot guarantee “perfect security.” In addition, any information you send to us may not be secure while in transit. We recommend that you do not use insecure channels to communicate sensitive or confidential information to us.

How long we retain your personal information depends on different factors, such as whether we need the information to maintain your account, to provide the Services, comply with legal obligations, resolve disputes or enforce other applicable contracts and policies.

We will take reasonable steps to make sure that the personal information that we collect, use and disclose is accurate, complete and up to date.

Access and correction of your personal information

We will allow you to access and/or correct personal information we hold about you as required by law. You may access and/or request correction of personal information we hold about you by contacting us at info@vivthelabel.com.au. Please provide as much detail as you can about the specific information you seek to access, in order to help fulfil your request.

If you have a complaint about the way in which We have handled any privacy issue, you should contact us. We will investigate your complaint and respond to you within a reasonable period of time. We will use reasonable endeavours to resolve any concern or complaint to your satisfaction and to provide you with a copy of your file of personal information within 30 days.

If you remain unsatisfied with the way in which we have handled a privacy issue, you may contact the Office of the Australian Information Commissioner (OAIC) (www.oaic.gov.au) or the Office of the New Zealand Privacy Commissioner (OPC) (www.privacy.org.nz/) for guidance on alternative courses of action which may be available.

International Users

Please note that some organisations to which we disclose personal information may be located, or may store information on computer servers, outside Australia and New Zealand.

If we transfer your personal information outside of Australia and New Zealand, we will take reasonable steps to ensure that your personal information is protected in a way that overall, provides comparable safeguards to those provided by the privacy principles in Australian and New Zealand privacy legislation.

Contact

Should you have any questions about our privacy practices or this Privacy Policy, or if you would like to exercise any of the rights available to you, please call or email us at info@vivthelabel.com.au.