Data & Privacy Policy

1. Overview

1.1 Clearlight Saunas Australia Pty Ltd ACN 603 858 108 (“we”, “us” or “our”) is committed to protecting your privacy as a visitor to our website. This Privacy Policy provides details of how we collect, use, store and protect your Personal Information through your use of our website: https://infrared-sauna.co.nz/ (“website”).

1.2 We use your data to provide and improve our products and the provision of our Services. By using the Services, you agree to the collection and use of your information in accordance with this Privacy Policy.

1.3 We comply with the applicable privacy principles and laws of Australia, New Zealand, Europe, and the United Kingdom which regulate how we collect, use, and protect your personal information.

1.4 This Privacy Policy and our website Terms and Conditions form the entire agreement between you and Clearlight Saunas. This Privacy Policy may change from time to time and is available on our website.

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2. Contact details

a. Name: Clearlight Saunas Australia Pty Ltd ACN 603 858 108

b. Email: customercare@clearlight-saunas.com.au

c. Contact Number: 1800 957 150

d. Postal Address: 2/78 Rajah Road, Ocean Shores, NSW, 2483, Australia

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3. Definitions

In this Privacy Policy:

Australian Privacy Principles (APP) means the Australian Privacy Principles contained in Schedule 1 of the Privacy Act 1988 (Cth). These APPs govern the content of privacy policies and rights under Australian law.

Authorised Representative means the entity identified in Clause 2 of this Privacy Policy. 

‍Cookies are small files stored on your device (i.e., computer or mobile device). These small files are pieces of information stored on your computer's hard drive. It records how you move your way around a website so that, when you revisit that website, it can present tailored options based on the information stored about your last visit. Cookies can also be used to analyse traffic and for advertising and marketing purposes. 

‍Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed. For the purpose of this Privacy Policy, we are a Controller of your Personal Information.

‍GDPR – means the General Data Protection Regulation as established by Regulation (EU) 2016/679.

‍Information Privacy Principles (IIP) means the New Zealand Information Privacy Principles contained in the Privacy Act 2020 (NZ). These IPPs govern the content of privacy policies and rights under New Zealand law.Jurisdiction means the country from which you are accessing our Services from. 

‍Personal Information means data or information about a natural person who can be identified, directly or indirectly, from such information or data in our possession or likely to come into our possession. 

This includes a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person but does not include data that is anonymous or a pseudonym in its source.

Purposes means those purposes for the collection and holding of information in accordance with Clause 5.1.

Relevant Authority means:

I. In the case of Australia – Office of the Australian Information Commissioner

II. In the case of New Zealand – Office of the Privacy Commissioner 

III. In the case of the United Kingdom – Information Commissioner’s Office

IV. In the case of any country within the EEA – the relevant body appointed by that country in accordance with the GDPR which sits on the European Data Protection Board, and the European Data Protection Supervisor

Relevant Laws means those laws outlined in clause 4 as relate to your Jurisdiction.

Service(s) means the use of the website (including its features such as chatbots, wish lists purchasing goods and sales enquiries forms) and any provision of our products of services via other means, including but not limited to, physical means.

The European Economic Area (EEA) means the contracting parties of the European Economic Area as established by the Agreement on the European Economic Area (Document 21994A0103(01)). This area covers the European Union (“EU”) and some other zones deemed part of the EU’s economic area. Please note

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4. Applicable privacy policy laws

4.1 Your rights and remedies will depend on which privacy laws apply to your jurisdiction. This Privacy Policy aims to comply with the privacy laws of the following geographical locations:

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5. Our Collection and Disclosure of Your Personal Information

‍5.1 For the purposes of providing the Services, we may collect, hold, process and disclose your Personal Information for the following purposes:

1. to enable you access to our website;
2. to operate, protect, improve and optimise our website; 
3. to provide you with information about our products and other services;
4. to carry out any contractual obligations between you and us or a third party;
5. to monitor and manage hosting and back-end infrastructure;
6. to allow for membership registration and authentication (e.g. affiliate portals and membership areas);
7. to carry out commercial affiliation;
8. to manage our user database;
9. to send you service, support and administrative messages, reminders, technical notices, updates, security alerts, and information requested by you;
10. to comply with our legal obligations;
11. to establish, pursue or defend legal claims, or resolve any disputes that we may have with any of our users, and enforce our agreements with third parties; and
12. to otherwise facilitate your dealings with us and for any other purpose with your consent. 

‍5.2 We will only collect and hold information for the Purposes or as otherwise reasonably necessary for the provision of the Services.

5.3 Your Personal Information will be collected and held by the Authorised Representative. Any enquiries, complaints, comments or the exercise of any rights under the Relevant Laws should be directed to the Authorised Representative.

5.4 While using our Services we may ask you to provide us with certain Personal Information that can be used to contact or identify you, including but not limited to your:

1. first and last name;
2. date of birth;
3. email address;
4. mobile number; 
5. location information;
6. IP address;
7. financial information, including bank details and credit and debit card information; 
8. postal address; and 
9. your shopping preferences.

‍5.5 We may also obtain your Personal Information through email, text messaging, social media or any other communication that you send to us.

5.6 You acknowledge that Personal Information you provide us must be accurate, complete and not misleading. You must inform us of any change to your Personal Information during the period in which you are accessing the Services.

5.7 While using our Services we may ask you to provide us with certain Personal InformWe may, and by providing us your Personal Information you authorise us to, disclose Personal Information for the Purposes, including to:

1. our employees and related bodies corporate;
2. third party suppliers and service providers (including providers for the operation of our websites and/or our business or in connection with providing our products and services to you);
3. professional advisers, dealers and agents;
4. payment systems operators (e.g. merchants receiving card payments);
5. our existing or potential agents, business partners or partners;
6. our sponsors or promoters of any competition that we conduct via our Services;
7. anyone to whom our assets or businesses (or any part of them) are transferred;
8. specific third parties authorised by you to receive information held by us; and/or
9. other persons, including government agencies, regulatory bodies and law enforcement agencies, or as required, authorised or permitted by law.

5.8 You specifically authorise us to disclose information to persons or entities outside your Jurisdiction while providing the Services where such disclosure is in furtherance of the Purposes and is reasonably necessary. Where information is provided outside your Jurisdiction, we will take reasonable steps to ensure that your Personal Information is:

1. only disclosed in accordance with the Relevant Laws; and
2. provided comparable safeguards to those offered under your Jurisdiction,
3. however, any entity outside the Jurisdiction to which your Personal Information is disclosed will not be accountable under the Relevant Laws of your Jurisdiction and you may not be able to seek redress under the Relevant Laws of your Jurisdiction or under the laws of the jurisdiction where your Personal Information was disclosed.

‍5.9 Where we are required to collect Personal Information by law or under the terms of a contract with us, and you do not provide us with that information as and when requested, we may not be able to perform that contract (for example, to deliver goods or services to you) and in such cases we reserve the right to cancel a product or service you have ordered.

5.10 By providing us with your Personal Information, you warrant that you are over the age of 18 years.

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6. Your Rights Regarding Your Personal Information

6.1 You have particular data protection rights under the Relevant Laws, including:

1. To receive privacy information (i.e. this Privacy Policy) at the time we collect Personal Information from you (Right to be Informed);
2. to lodge a complaint with the Relevant Authority (Right to Complain);
3. to access, update or delete any Personal Information we hold regarding you (Right of Access);
4. to request a copy of the Personal Information we hold on you, to be provided in a structured, machine-readable and commonly used format. (Right to Data Portability); 
5. to request rectification of Personal Information we hold that is incorrect or incomplete (Right of Rectification);
6. to object to our processing of your Personal Information on the basis that the processing is unlawful, including because:some text
   1. it is not necessary for the purposes of our legitimate interests;
   2. it offends your interests or fundamental rights and freedoms in respect of the protection of personal data. (Right to Object)
7. to request we restrict the processing of your data where you:some text
   1. contest the accuracy of the Personal Information; or
   2. you believe our processing is unlawful but you oppose the erasure of your Personal Information. (Right of Restriction)
8. to withdraw your consent for us to process your Personal Information (Right to Withdraw Consent). 

‍6.2 We may ask you to verify your identity before responding to any exercise of a right.

‍6.3 We may ask you to verify your identity before responding to any exercise of a right.You may be able to exercise your Right of Access through your account on the website, including by changing settings we have provided in your account settings. For any other Right of Access matters, please contact the Authorised Representative. We will endeavour to provide you access in accordance with the method you request; however, we reserve the right to provide access in a way not unduly onerous to us.

‍6.4 When exercising your Right of Access, we may not be able to provide you with access to all of your Personal Information; where this is the case, we will tell you why within the timeframe required by the Relevant Laws. We may also need to verify your identity when you request your Personal Information.

‍6.5 While your Right to Object is pending, we will restrict the processing of your Personal Information until such time that the objection is no longer under consideration, at which time we will inform you of the outcome, including whether the restriction on processing is lifted.

‍6.6 If your Right to Object is upheld, we will destroy your Personal Information. If you wish to object but do not wish us to destroy the Personal Information, you should exercise your Right of Restriction.

‍6.7 Exercising your Right to Object, Right of Restriction or Right to Withdraw Consent may impact on our ability to provide you the Services, including preventing us from providing you the Services at all.

‍6.8 Should your Personal Information no longer be necessary for the Purposes, then we will destroy your Personal Information without undue delay. We ordinarily store Personal Information for a period of [7] years to effect the Purposes. However, we will destroy your Personal Information at an earlier time if:

1. You request that we destroy your Personal Information; or
2. You opt out of our marketing and promotional materialsexcept to the extent we are required to keep any of the Personal Information by law of for the Purposes.

‍6.9 We will notify you if your personal data is rectified or erased unless notification would involve disproportionate effect to the rectification or erasure.

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7. Marketing

7.1 We may send you direct marketing communications and information about our Services or products. This may take the form of emails, SMS, mail or other forms of communication. You may opt-out of receiving marketing materials from us by contacting us using the details set out below or by following the opt-out links on any marketing messages sent to you or by emailing us with a request to opt-out.

7.2 If you opt out of receiving marketing communications, this opt-out does not apply to personal information provided as a result of other transactions, including, but not limited to purchases, warranty registrations, returns and replacements.

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8. Our Website and Cookies

8.1 We may collect Personal Information about you when you use and access our website, including via the use of Cookies or other similar tracking technologies.

8.2 While we do not ordinarily use browsing information to identify you personally, we may record certain information about your use of our website, such as which pages you visit, the time and date of your visit and the internet protocol address assigned to your computer.

8.3 We may use Cookies to enable us to collect data that specifically includes Personal Information when you create an account on our website. For example, where a Cookie is linked to your account, it will be considered Personal Information under the Privacy Act. We will handle any Personal Information collected by Cookies in the same way that we handle all other Personal Information as described in this Privacy Policy.

8.4 We will ask you what Cookies you wish to accept when you first visit our website. If you want to check or change what types of cookies you accept, this can usually be altered within your browser settings. By not blocking Cookies and continuing to browse, you are authorising the use of Cookies. If you use your browser settings to block all cookies (including essential cookies), you may not be able to access all or parts of our website or may encounter reduced website functionality.

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9. Security

9.1 We may hold your Personal Information in either electronic or hard copy form. 

9.2 While we do not ordinarily use browsing information to identify you personally, we may record certain information about your use of our website, such as which pages you visit, the time and date of your visit and the internet protocol address assigned to your computer.We take reasonable steps to protect your Personal Information from misuse, interference and loss, as well as unauthorised access, modification or disclosure and have procedure in place to protect your Personal Information and deal with any suspected data breach. For example, we:

1. store Personal Information in an encrypted format; and
2. delete Personal Information when no longer required for the Purposes or required to be held by law;

9.3 While we take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information, you acknowledge that the transmission of information over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.

9.4 Should there be a breach of security which results in the disclosure of your Personal Information, we will either:

1. Notify you personally; or
2. If not reasonably practicable to notify you personally, issue a public notice regarding the nature and extent of the data breach.

9.5 We will ask you what Cookies you wish to accept when you first visit our website. If you want to check or change what types of cookies you accept, this can usually be altered within your browser settings. By not blocking Cookies and continuing to browse, you are authorising the use of Cookies. If you use your browser settings to block all cookies (including essential cookies), you may not be able to access all or parts of our website or may encounter reduced website functionality.

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10. Complaints

10.1 If you think we have breached the Privacy Act, or you wish to make a complaint about the way we have handled your personal information please contact the Authorised Representative.

10.2 We will acknowledge your complaint and respond to you regarding your complaint within a reasonable period of time. If you think that we have failed to resolve the complaint satisfactorily, we will provide you with information about the further steps you can take.

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