Your use of the site is at your own risk. Where conditions and warranties implied by applicable law cannot be excluded, Todd Clare limits its liability where and to the extent it is entitled to do so. Otherwise, neither Todd Clare, nor any of its affiliates, officers or directors nor any of its agents or any other party involved in creating, producing or delivering the site will be liable for any direct, indirect, special, consequential or other damages that result from the use of, or the inability to use, the materials on the site, including damages caused by viruses or any incorrectness or incompleteness of the information on the site, or the performance of the products.
When you use our Website we collect Personal Information from you.
“Personal information” includes any information or opinions from which you can be identified which may include your name, email address, postal address or phone number. Other information, such as your computer or server’s IP address, may also become personal information if it is associated with other identifying information. We only collect your personal information when you provide it to us. The provision of your personal information is reasonably necessary for or directly related to the provision of our services to you. If you do not provide your personal information to us, you may be unable to use certain features of the Website.
If you fail to provide to us your personal information and it is unreasonable or impracticable for us to collect such information from you, you consent to us obtaining your personal information from someone else.
Your consent to the collection, holding, use and disclosure of your personal information
Access to and correcting your personal information
On receipt of your written request we will provide you with the personal information we have collected about you. If you wish to update your personal information you should send an email to firstname.lastname@example.org advising us of any corrections. If we provide an online account facility, you may also view, correct and/or update your personal information by accessing your account on the Website. If this facility is not available then you should contact us by sending an email to the address above.
How we will use your personal information
We hold and use your personal information for purposes which are reasonably necessary for, or directly related to, one or more of the functions or activities we undertake. This may include using your personal information to send newsletters; to establish your online account (if any) and recognise you when you return to the Website; to contact you regarding contests, promotions, polls, and surveys; to provide customer support or to otherwise communicate with you regarding our Website. We will only use personal information collected from you for the purpose of direct marketing. If you do not wish to receive these communications, you may opt-out or unsubscribe by updating your preferences in your profile or clicking “Unsubscribe” in any of our emails. We may also hold and use your personal information to attribute to you comments and/or other submissions you make to the Website or if, for example, your identity is important to resolving a service issue or in resolving a financial matter regarding a purchase on our Website.
Disclosing your personal information
We may disclose your personal information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact, or bring legal action against someone who may have breached our Terms and Conditions or who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other users of our Website, or anyone else who could be harmed by such activities. We may also disclose your personal information when we reasonably believe that the law requires it. If we engage third party agents, subsidiaries, affiliates and joint venturers to perform functions on our behalf, such as credit card processing, shipping or stocking orders, providing customer service, etc. we will disclose your personal information to them, as required for them to perform their functions.
If Todd Clare or substantially all of Todd Clare's assets are sold or transferred, your personal information may be one of the business assets disclosed to the purchaser or transferee. We may hold and use individual or aggregated information automatically collected from you to track how our visitors use the Website, study traffic patterns, run and maintain the Website. We may provide targeted advertisements to you based on such data.
Although we do not currently engage in such practices, we may share aggregated data with our advertisers.
Protection of your personal information
We will take all reasonable steps in the circumstances to ensure your personal information is kept secure and is protected from unauthorised use or disclosure. Unfortunately, information transmitted on the internet and/or stored on systems attached to the internet are not 100% secure. As such, we provide no warranty or guarantee as to the security or integrity of your personal information.
To the extent permitted by law, you release us from any liability for the disclosure of any information due to errors in transmission or the unauthorised acts of third parties and indemnify us in respect of any claims arising from such disclosure.
Your privacy on third party websites
Our Website may contain links to websites maintained by other organisations. These links are provided to you as a convenience, but we do not operate, control or endorse any websites to which these links are attached. We cannot attest to or assure you of the privacy principles maintained by any website other than our own Website and you are responsible for reviewing the terms of all other websites whether such websites have been accessed by you via our Website or otherwise.
How to cease receiving communications from us
You may terminate any ongoing communications you receive from Todd Clare via e-mail (such as newsletters, subscriptions, contest results, survey inquiries, etc.) by (1) clicking the "unsubscribe" link that is available within the communication received, or (2) by emailing email@example.com and request to be unsubscribed.
If you think we have breached the Australian Privacy Principles
To the extent that we are subject to the Australian Privacy Principles, we have taken all reasonable steps to ensure that our practices comply with those principles. If you believe we have breached those principles we request that you email us at firstname.lastname@example.org setting out the circumstances in which you believe we are in breach. Your complaint will be reviewed and investigated by a senior manager of Todd Clare and a response will be provided to you within 30 business days. If you are unhappy with our response you agree that any further dispute should be determined by mediation with an independent mediator to be appointed by agreement of the parties within 14 business days of you notifying us of you wish to proceed to mediation. You agree that the cost of mediation will be borne equally between the parties and that the decision of the mediator will be final and binding on the parties.