Privacy Policy

Your privacy and the law

We are committed to ensuring that the privacy of your personal information is respected and maintained at all times. We are bound by the Australian Privacy Principles in the Privacy Act 1988 (Cth).

This Privacy Policy outlines how we manage your personal information and how we collect, hold, use and disclose that information.

 

These words when used in this privacy policy have the following specific meanings:

APPs means the Australian Privacy Principles in the Privacy Act.

CRB means a credit reporting body.

Credit information has the same meaning as in section 6N of the Privacy Act, which, for ease of reference, could include information such as consumer credit liability information, repayment history information, types and amounts of credit you have sought, default information, and personal insolvency information. Please refer to the Privacy Act for a complete list of all types of credit information.

credit eligibility information has the same meaning as in section 6 of the Privacy Act, which, for ease of reference, could include information such as credit reporting information about you that has been disclosed by a credit reporting body or information derived from such information and which has a bearing on your credit worthiness. Please refer to the Privacy Act for a complete list of all types of credit eligibility information.

personal information has the same meaning as in section 6 of the Privacy Act, which, for ease of reference, means information or an opinion about an identified individual or an individual who is reasonably identifiable:

  • whether the information or opinion is true or not; and

  • whether the information or opinion is recorded in a material form or not, and personal information includes sensitive information.

Privacy Act means the Privacy Act 1988 (Cth).

Sensitive information has the same meaning as in section 6 of the Privacy Act which, for ease of reference, means information or an opinion about your racial or ethnic origin, political opinions, membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual orientation or practices, criminal record, health information, genetic information, biometric information for automated verification or identification purposes and biometric templates.

We, our, or us means Mandana Holdings Pty Ltd ACN 123 177 186 and each of its related bodies corporate.

You or your means authorised distributors, retail customers, service providers, contractors, job applicants (or any individual personnel of those foregoing persons) and any other individuals whose personal information we may collect, disclose, use or otherwise handle.

 

What types of personal information do we collect?

We generally collect and hold:

Your name, date of birth, postal and email address, user name, password, telephone and fax number, credit or debit card details, billing and account details, purchase history, information obtained from any form or application which we may ask you to complete (whether electronic or paper-based), and other information we consider necessary to provide our goods or services to you.

If we are considering providing credit to you or an entity related to you, we may also collect and hold:

Consumer and commercial credit information about you (including without limitation credit information and credit eligibility information).

If you are applying for a job or contract with us, or we are considering your placement with us pursuant to a labour hire arrangement, we may also collect and hold:

Your previous employment history, tax file number, next of kin, skills or competency information, documentary proof of your right to work in Australia or elsewhere, driver’s licence, bank account, superannuation details and sensitive information such as your membership in any trade or professional association.

 

How do we collect and hold your personal information?

We generally obtain personal information about you by collecting it:

Directly from you.

For example, via forms you complete for us, user accounts you create through our websites, orders you place with us and through your interactions with us and our staff, such as via our websites, over the phone, via email or in person, interactions you have with us and our staff, such as via our live chat on our websites, written and video reviews submitted to our websites.

From our service providers and contractors.

For example, from our authorised distributors, third party service providers, marketing agencies, and other personnel who assist us or who provide goods or services to you on our behalf.

From other people involved in your business.

For example, from officers, employees, contractors or agents of your company in connection with an order being placed with us or an application for credit.

From other people relevant to your relationship with us.

For example, from:

  • trade contacts or trade references you have provided to us, if we are considering trading with you or providing credit to you or an entity related to you.

  • your current or past employer (with your prior consent), if you are applying for a job with us.

  • credit reporting bodies, if we are considering providing credit to you or an entity related to you.

 

We will not collect sensitive information about you without first obtaining your consent. Unless one of the limited exemptions under the Privacy Act applies, we will only collect your sensitive information if you consent to such collection and if such sensitive information is reasonably necessary for one or more of our functions or activities.

We hold your personal information in various ways, including in paper and electronic form. We take reasonable steps to protect your personal information from misuse, loss, unauthorised access, modification and disclosure including through implementation of password protected digital storage solutions as well as keeping paper forms in secure filing systems.

 

For what purposes do we use personal information?

Unless you consent otherwise or where we are otherwise permitted to do so by law, personal information will only be used for the purposes for which it was provided (primary purpose) or for a purpose (secondary purpose) related, or in the case of sensitive information directly related, to the primary purpose. Some examples of the purposes we ordinarily use personal information for are detailed below.

Generally, we will use your personal information:

  • to provide you with requested goods or services (including contacting you and our delivery agents to make delivery or payment arrangements, issue reminders or arrange returns, contact you concerning the status of an order/purchase, answer questions, respond to your inquiries or requests).

  • for our internal management purposes, to manage our relationship with you, personalise and improve our services, our websites and stores and to manage the payment and recovery of amounts payable to us by you.

  • to enable us to conduct our business generally, such as notifying our freight and shipping contractors or our insurers, undertaking quality assurance, internal teaching and data processing and handling.

  • to tell you about our products or services that might better service your business or personal requirements or other opportunities in which you may be interested.

  • to comply with any law.

  • for other purposes which are reasonably necessary in connection with our normal functions and activities.

If you are applying for a job or contract with us (or via a third party service provider), we may also use your personal information:

 

  • to assess and determine your eligibility or suitability for a job or contract with us.

  • to, with your permission, contact professional or other reference(s) you have provided in connection with a job application to discuss your experience/employment.

If we are considering providing credit to you or an entity related to you, we may also use your personal information:

 

  • to obtain credit information related to you, and to undertake credit reference checks and otherwise assess your credit worthiness (or the credit worthiness of an entity related to you).

 

Who will we disclose your personal information to?

Generally, we may disclose your personal information:

  • to any person you consent to receiving such information (e.g. when you place an order with us, you consent to us providing your name and delivery address to our delivery contractors to enable delivery)

  • to our staff and management (e.g. for business decision, data processing, marketing and administrative purposes)

  • to our service providers, advisors and contractors who assist us in operating our business (e.g. IT service providers) or who assist us in providing products or services to you (e.g. our freight and shipping contractors or insurers)

  • to any person we are required or authorised by law to disclose your personal information

If you are applying for a job or contract with us, we may also disclose your personal information:

  • to any professional or personal reference(s) you provide in connection with your job or contract application

  • to our insurers for our own professional insurance purposes

If we are considering providing credit to you or an entity related to you, we may also disclose your personal information:

to the following CRBs:

  • Veda Advantage Ltd – (www.veda.com.au);

  • Dun & Bradstreet (Australia) Pty Ltd - (www.dnb.com.au);

  • Experian - (www.experian.com.au).

  • Information disclosed to CRBs (including default information) will be held by each CRB on its system accessed by the customers of the credit reporting database and used to provide its credit reporting services (including the maintenance of credit information files and supplying the information to other customers of the relevant CRB). You can obtain copies of each CRB’s privacy policy which deals with how they may use your personal data from their website above.

If you fail to make a payment to us, as and when due, or commit a serious credit infringement

If you fail to make a payment to us, as and when due, or commit a serious credit infringement, we may disclose details of such events to CRBs. A CRB may use such information (and other personal data provided to them by us) in reports given to other credit providers to help assess your creditworthiness. You may have certain rights to request that CRBs do not use credit reporting information about you if you believe on reasonable grounds you have been or are likely to be a victim of fraud.

We do not ordinarily disclose your personal information to overseas recipients.

 

Dealing with us anonymously

You have the option of not identifying yourself or using a pseudonym when dealing with us unless we are required by law or a court or tribunal to deal with individuals who have identified themselves or it is impractical for us to deal with you if you have not identified yourself. However, if you do so, you may not be able to access, or use, all or part of our goods and services.

 

Cookies

A cookie is a data file that a website transfers to your hard drive. This enables the website to track the pages you have visited. A cookie only contains information you supply. It cannot read data on your hard drive. Our website uses cookies. You can set your browser to refuse cookies, however, this may mean you are unable to take full advantage of the features of our website.

 

Direct marketing

From time to time we may use your personal information to provide you with marketing materials in relation to offers, specials, products and services that we have available. We will not collect, use or disclose your sensitive information for the purpose of direct marketing without your written consent. You may opt out of receiving marketing communications from us at any time by following opt out instructions provided in such marketing communications.

 

Accuracy of your personal information

While we will endeavour to ensure that the personal information collected from you is up to date, accurate and complete, we will assume that any personal information provided by you is free from errors and omissions. You may request that we update or vary personal information that we hold about you using the contact details set out below. In some circumstances where we correct a record, we may still require the retention of the original record.

 

Requesting access to your personal information

You may obtain access to personal information which we hold about you by contacting us using the contact details set out below. When you request copies of your personal information held by us we will endeavour to provide you with such personal information as soon as reasonably practicable, provided however that there may be occasions when access to personal information we hold about you is denied. Such occasions would include where release of the information would have an unreasonable impact on the privacy of others. If we refuse to provide you with access to or correct your personal information, we will provide you with an explanation in writing.

We may require you to verify your identity and specify what information you require. We will give you reasons if we deny access.

We ask that requests for access to personal information be made in writing. Photo identification may be required. A fee will not apply to making a request for access to your personal information. A fee may apply and be charged to cover our costs in collating, copying and providing certain information to you.

 

Making a complaint about a breach of your privacy rights

If you are of the view we have breached the APPs, the Privacy Act, or any related privacy code in dealing with your personal information, you may make a complaint by writing to us using the contact details set out below and we will endeavour to provide you with confirmation as to how we propose to deal with the complaint as soon as reasonably practicable.

If you are not satisfied with our response to your complaint, you may make a complaint to the Office of the Australian Information Commissioner by visiting the following website and following the steps: https://www.oaic.gov.au/individuals/how-do-i-make-a-privacy-complaint.

 

Changes to our privacy policy

We reserve the right to change this policy at any time. The updated policy will be available on our website.

 

Mobile Terms of Service

Last updated: Nov. 12, 2023

The Mandana Holdings Pty Ltd mobile message service (the "Service") is operated by Mandana Holdings Pty Ltd (“Mandana Holdings Pty Ltd”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Mandana Holdings Pty Ltd’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Mandana Holdings Pty Ltd through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Mandana Holdings Pty Ltd. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to TOMS AUS or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Mandana Holdings Pty Ltd mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to TOMS AUS or email support@tomsaustralia.com.au.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honouring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

 

Contact us

If you wish to request access to your personal information or make a complaint about possible breaches of privacy, please direct your enquiries to:

Mandana Holdings Pty Ltd.

30 Tullamarine Park Rd

Tullamarine VIC 3043

 

Email: support@tomsaustralia.com.au

Phone: +61 3 9530 5075

 

This Privacy Policy was last updated on 29th November 2023