Document date: April 2023
1. We are Big DogAustralia Pty Ltd and Big Dog Pet Foods Pty Ltd (A.C.N. 094 584 148 and 145 307562) (Provider, we, us and our). We are committed to respecting your privacy. This page informs you ofour policies regarding the collection, use and disclosure of personal data whenyou use our Services and the choices you have associated with that data.
2. We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy.
4. Please note, should you engage our Services, we do not support pseudonymous or anonymous interactions.
5. The Website Is the website located at the domain bigdogpetfoods.com, bigdogpetfoods.com.au and bigdogpetfoods.au operated by us.
6. The Services are the Website and any provision of our products via other means, including physical means.
7. Personal Data means dataabout a living individual who can be identified from those data (or from thoseand other information either in our possession or likely to come into our possession).
8. Usage Data is data collected automatically and either generated through use of the Services or from the infrastructure underpinning the Services.
9. Cookies are small files stored on your device (computer or mobiledevice). When you visit our website, we may collect information from you automatically through cookies or similar technology. For more information, visit:<https://www.allaboutcookies.org/>
11. Controller means the natural or legal person who (either alone or jointly or in common with otherpersons) determines the purposes for which and the manner in which any personal information are, or are to be, processed.
Processors (or Service Providers)
13. Processor (or ServiceProvider) means any natural or legal person who processes the data on behalf ofthe Controller.
14. We may use the services ofvarious Service Providers in order to process your data more effectively.
Data Subject (or User)
15. Data Subject is any living individual who is using our Service and is the subject of Personal Data.
Information Collection and Use
16. We collect several different types of information for various purposes in order to provide and improve our Services.
Do Not Track (DNT)
17. The “Do NotTrack” (“DNT”) is a preference you can set in your web browser to inform some websites (which support this technology) that you do not want to be tracked.
18. You can enable ordisable Do Not Track by editing the preferences or settings in your applicable web-browser.
Australian Privacy Principles (APP)
19. Reference to APP in thispolicy means the Australian Privacy Principles contained in Schedule 1 of the PrivacyAct 1988 (Cth). These APPs govern the content of privacy policies and rights under Australian law. We take pride in our adherence to these Principles.
20. A summary of the APPs areavailable at: https://www.oaic.gov.au/privacy/australian-privacy-principles/australian-privacy-principles-quick-reference
The Office of the Australian Information Commissioner (OAIC)
21. The OAIC is theprincipal body which administers Australia’s privacy laws and the Australian Privacy Principles.
22. The OAIC websiteis: https://www.oaic.gov.au/
Information Privacy Principles (IPP)
23. Reference to APP in this policy means the New Zealand Information Privacy Principles contained in the PrivacyAct 2020 (New Zealand). These IPPs govern the content of privacy policiesand rights under New Zealand law. We take pride in our adherence to these Principles.
24. A summary of the APPs areavailable at: https://www.privacy.org.nz/privacy-act-2020/privacy-principles/
The European Economic Area (EEA)
25. EEA refers to 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.
Which parts of this policy apply to you?
i. Laws: The Australian Privacy Principles (APPs) in the Privacy Act 1988 (Cth), and requirements under the Spam Act 2003 (Cth) (altogether the “AU Privacy Law”)
ii. Does this apply: Theselaws apply to you if you are a person (instead of a company). To clarify, Australian privacy laws apply based on who the data collector is (who are certain Australian businesses likeus), instead of applying based on what the nationality the data subject is.
i. Laws: The General Data Protection Regulation (EU 2016/679) (GDPR or “EU Privacy Law”)
ii. Does this apply: These laws apply if you are a resident of the European Economic Area (EEA), which covers all countries in the European Union (EU) and Iceland, Liechtenstein and Norway. Please note Switzerland and the United Kingdom are not part of the EU or EEA.
c. United Kingdom:
i. Laws: The UK General Data Protection Regulation (“UK GDPR”) and Privacy and Electronic Communications Regulations 2003 (“PECR”) (altogether the “UK Privacy Law”)
ii. Does this apply: These laws apply if you are located in or a citizen of the UK.
d. United States ofAmerica:
i. Laws: While each state may pass their own privacy laws, we address the requirements for the state of California, which are considered to impose a high standard for privacy protection rights; we do this by complying with the following laws (which werefer to together as the US Privacy Law)- the California Consumer Privacy Act(CCPA) and the Children’s Online Privacy Protection Act (COPPA) (altogether the“US Privacy Law”)
ii. Does this apply: These laws apply if you are a resident of the state of California (CA), USA, and if the information is collected all or partly while you are in CA. For clarity, you are still covered if you are a CA resident and temporarily outside of CA.
e. New Zealand:
i. Laws: PrivacyAct 2020 No. 31 and the Information Privacy Principles (the “NZ Privacy Law”)
ii. Does this apply: These laws apply if you are located in or a resident of NZ.
i. Laws: Personal Information Protection and Electronic Documents Act S.C. 2000, c. 5 (“PIPEDA”or the “CA Privacy Law”)
ii. Does this apply: If you are located in Canada.
27. Regardless which privacy laws may apply to you, you may still contact us to resolve any concernsusing the contact details and complaints handling process contained in this policy as-
a. Your territory may in fact have privacy laws which we can or must comply with; and
b. Even if your territory does not have privacy laws we are required to abide by, we may voluntarily choose (at our sole discretion) to respond to your request, as partof our goals to satisfy customers and be a socially responsible company that respects and protects privacy.
28. In this policy Protected Data refers to either:
a. Personal Information, Sensitive Information and Credit Information, under the AU PrivacyLaw;
b. Personal Data, under the EU Privacy Law;
c. Personal Data, under the UK Privacy Law;
d. Personal Information, under the US Privacy Law, noting that-
i. Personal information is information that identifies, relates to, or could reasonably be linked with you or your household. For example, it could include your name, social security number, email address,records of products purchased, internet browsing history, geolocation data, fingerprints, and inferences from other personal information that could create a profile about your preferences and characteristics. https://oag.ca.gov/privacy/ccpa
e. Personal Information, under the NZ Privacy Law;
f. Personal Information, under the CA Privacy Law.
Is this policy a contract?
29. This PrivacyPolicy is not a contract itself. It is acompliance document, that is, it is a notice required by law for us to explain certain things to the public. However, there may be other contracts which can include all or part of this policy as relevant to those contracts.
30. Importantly, our website terms require you to have read and understood this policy and provide the following required consents (see at the end of this policy for a link tothese terms along with links to other policies).
32. While using our Services,in particular when creating and registering your account, we may ask you toprovide us with certain personally identifiable information that can be used tocontact or identify you ("Personal Data"). Personally identifiable information mayinclude, but is not limited to:
33. We may use your PersonalData to contact you with notifications, marketing or promotional materials andother information that may be of interest to you. You may opt out of receiving any, or all, ofthese communications from us by turning off notifications within the App orfollowing the unsubscribe link and the instructions provided in anycorrespondence we send.
34. We also collect the following information which is not a usual form of data protected under privacy laws:
Usage Data and Feedback (Personal / Deidentified)
35. We may alsocollect the following information on how the Service is accessed and used("Usage Data"). This Usage Data may include information such as yourdevice’s:
a. Internet Protocoladdress (e.g., IP address), or geo-location information;
b. browser type andbrowser version;
c. the screens andinterfaces within our Service that you visit;
d. the time and dateof your visit;
e. the time spent onthose interfaces;
f. unique deviceidentifiers (like any device ID);
g. device type;
h. computer and connectioninformation; and
i. other diagnosticdata.
36. We also can collect information provided by you in any feedback or correspondence from timeto time with:
a. customer surveys;
b. details of the Services we have provided to you or that you have enquired about, including any additional information necessary to deliver the Services and respond to your queries; and
c. any other informationnecessarily required in order to facilitate and improve your dealings with usand the Services.
37. We may use and storeinformation about your location if you give us permission to do so (“LocationData”). We use this data to provide certain features within our Services, aswell as to improve and customise the Services.
38. You can enable or disablelocation services when you use our Services at any time by way of your devicesettings.
39. You are not required toprovide your location data when using the Services and can decline requests forlocation data. You may choose to either enter an address or postcode or simplyview the locations on the map.
Identification, Tracking & Cookies Data
41. Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags and scripts to collect and track information and to improve and analyse our Service.
42. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
43. Examples of cookies we useare:
a. Session Cookies. We use Session Cookies to operate our Service.
b. Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
c. Security Cookies. We use Security Cookies for security purposes.
45. To provide clarification on possible identifiers for you-
a. You may be able to browse our Website anonymously if you disable any cookies and tracking;
b. You may be able to browse our Website pseudonymously, only being identified by the Cookies and tracking IDs from other analytics providers (see section on Third Parties for this).
46. In compliance with the IPPs we note that we do not attempt to use any identifiers used by other agencies for you, apart from those used for statistical or research purposes (such as via analytics providers)
47. Our Service does not address anyone under the age of 18 ("Children").
48. We do not knowingly collect personally identifiable information from Children.
49. If we become aware that wehave collected Personal Data from Children without verification of parental consent, we will take steps to remove that information from our servers.
50. If you are a parent orguardian and you are aware that your Child has provided us with Personal Data, please contact us so we can work with you to delete it.
51. We may collect data either directly from you, or from third parties, when you:
a. register for the Services;
b. interact with the Services;
c. communicate with us through correspondence, chats, email or otherwise share information with us;
d. engage in other related social applications, services or websites;
e. interact with our Services, content, advertisements and/or marketing material;
f. invest in our business orenquire about our business.
52. Otherwise, we try to collect any data directly from you with your informed consent (via this policyand its related documents) and by lawful means.
53. Our Services support DNT web-browser settings. This means that if you do not want to be tracked, you manage this via your web-browser settings.
54. We use the collected data for various purposes:
a. To enable you to access and use our Services (on the grounds of fulfilment of our contract with you);
b. To operate, maintain, protect, improve and optimise our Services (on the grounds of fulfilment of our contract with you);
c. To notify you about changes to our Services (on the grounds of our legitimate interests in ensuring you are aware of any relevant changes);
d. To allow you to participate in interactive features of our Services when you choose to do so (on the grounds of your consent);
e. To provide or administer rewards, surveys, contests or other promotional activities or events;
f. To provide customer support (on the grounds of our legitimate interests in ensuring you receive the help you need when accessing our Services);
g. To gather analysis or valuable information so that we can improve our Services;
h. To monitor the usage of our Services;
i. To gather analysis or valuable information so that we can improve our Services (on the grounds of your consent);
j. To monitor the usage of our Services (on the grounds of your consent);
k. To detect, prevent and address technical issues (on the grounds of our legitimate interests in maintaining the functionality of the Services);
l. To provide you with notifications, and information about other Services we offer unless you have opted not to receive such information (on the grounds of your consent). This correspondence may occur by email, text message or another electronic format;
a. To comply with our legal obligations, resolve any issues our users may encounter, and enforce our agreements with third parties; and,
b. To consider your employment application.
55. We will only collect and use data necessary for the primary purpose it is collected for, or other excepted purposes outlined in this policy.
56. We will only use ordisclose data where we believe in the data is accurate, up to date, complete,relevant and not misleading.
Legal Basis for Processing Personal Data Under the GDPR
a. We need to perform a contract with you
b. You have given us permission to do so
c. The processing is in our legitimate interests and it is not overridden by your rights
d. To comply with the law
Disclosure of Data (who)
a. Our employees and related bodies corporate;
b. Third party suppliers and service providers (including providers for the operation of the Services and/or our business;
c. Professional advisors, dealers and/or agents;
d. Payment systems operators (for example, merchants receiving card payments);
e. Our existing or potential agents, business partners or partners;
f. Our sponsors or promotors of any competition that we conduct via our services’
g. Anyone to whom our assets or businesses (or any part of them) are transferred; specific third parties authorised by you to receive information held by us;
h. Other persons, including government agencies, regulatory bodies and law enforcement agencies; and/or
i. As otherwise required or permitted by law.
59. In general we will only disclose data to third parties where such disclosure in the course of providing the Services, reasonable (including publicly available) or required by law – see below for more details.
60. We ensure that any disclosure outside of New Zealand is made to parties which we are confident:
a. Are subject to the NZ Privacy Act because they do business in New Zealand
b. Will adequately protect your information by using model contract clauses; or
c. Are subject to privacy laws of other territories which provide comparable safeguards to the NZ Privacy Act, such as Australia, Europe, UK, Canada and the like.
Retention of Data (when)
62. We will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer periods.
63. In general we will only retail data for as long as necessary.
Transfer and Storage of Data (where)
64. We use the following methods for storing data including back-ups:
a. physical data servers on servers and computes located in Australia
b. cloud storage and file-share services, (who form part of our Service Providers referred to later) including Klavyio
c. while we do not currently store any customer or related data on them, we do make use of these platforms which we may store your data on as/if needed:
i. Microsoft OneDrive;
ii. Dropbox (and similar services)
65. Your information, including Personal Data, may be transferred to — and maintained on — servers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.
66. If you are located outside Australia and choose to provide information to us, please note that we transfer the data, including Personal Data, to Australia and process it there.
69. With third-party, cloud-storage services:
a. The individual data packets will be likely stored in an encrypted format, on servers located in different territories, as determined from time to time by the third-party providers.
b. As this data should only be accessible by us (and the cloud-storage provider, to the extent it is for legitimate maintenance and support reasons) the information contained in the data is stored in Australia, as it is only at this location where the data packets can be compiled to reveal the information.
70. We manage access to different kinds of data to maintain security and minimise potential for misuse, this is by ensuring:
a. Only our marketing staff have default access to information from the newsletter subscriptions;
b. Only our human resources staff have default access to information from ‘work with us’ submissions; and
c. Only our human resources and managerial staff have default access to information on current staff.
Collaboration with Third Parties
71. We do not sell any Personal Data to third parties.
72. If we are involved in a collaboration with a third party which involves collecting data and you subscribe to a mailing list associated with this collaboration, your Personal Data may be transferred to this third party so that they may send you marketing in accordance with the consent you provided. Your data will only be given to the core third party involved in the associated collaboration.
Disclosure for Law Enforcement
74. Under certain circumstances, we may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
75. We may disclose your Personal Data to third parties (including legal advisors) in the good faith belief that such action is necessary to:
a. To comply with a legal obligation;
b. To protect and defend our rights or property;
c. To prevent or investigate possible wrongdoing in connection with the Service;
d. To protect the personal safety of users of the Service or the public; or
e. To protect against legal liability.
Security of Data
76. We may hold your personal information in either electronic or hard copy form. 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.
77. However, please bear in mind that that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
78. We may employ third party companies and individuals to facilitate our Service ("Service Providers"), provide the Service on our behalf, perform Service-related services or assist us in analysing how our Service is used. These third-party Service Providers include:
a. The cloud storage and file share services mentioned earlier;
b. Other IT / web service providers which we may need to use from time to time
who may have operations in or located in:
c. the United States.
79. When you provide your personal information to us, you consent to the disclosure of your information outside of Australia and acknowledge that we are not required to ensure that any personal information disclosed is handled in accordance with Australian Privacy Law. However, we are committed to taking all reasonable steps to ensure that any personal information disclosed to overseas recipients is handled in a way that complies with the Australian Privacy Principles.
81. Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualise and personalise the ads of its own advertising network.
83. For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en.
Behavioural Remarketing (General)
Behavioural Remarketing (Google AdWords)
86. You can opt-out of Google Analytics for Display Advertising and customise the Google Display Network ads by visiting the Google Ads Settings page: http://www.google.com/settings/ads.
87. Google also recommends installing the Google Analytics Opt-out Browser Add-on - https://tools.google.com/dlpage/gaoptout - for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics.
88. For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en
Behavioural Remarketing (Facebook)
90. You can learn more about interest-based advertising from Facebook by visiting this page: https://www.facebook.com/help/164968693837950.
91. To opt-out from Facebook's interest-based ads, follow these instructions from Facebook: https://www.facebook.com/help/568137493302217.
92. Facebook adheres to the Self-Regulatory Principles for Online Behavioural Advertising established by the Digital Advertising Alliance. You can also opt-out from Facebook and other participating companies through:
a. The Digital Advertising Alliance in the USA http://www.aboutads.info/choices/, the
b. The Digital Advertising Alliance of Canada http://youradchoices.ca/ or
c. The European Interactive Digital Advertising Alliance http://www.youronlinechoices.eu/; or
d. Via opt-out using your mobile or computer device settings.
93. For more information on the privacy practices of Facebook, please visit Facebook's Data Policy: https://www.facebook.com/privacy/explanation
Behavioural Remarketing (Pinterest)
95. You can opt-out from Pinterest's interest-based ads by enabling the "Do Not Track" functionality of your web browser or by following Pinterest instructions: http://help.pinterest.com/en/articles/personalization-and-data
How we advertise and communicate with you
98. We send advertisements and/or communications to you via:
a. Opt-in Marketing Emails using:
i. Express permission (filling in a submission form, checking an email confirmation link – we do not use pre-checked tick-boxes)
ii. Indirect permission (if you sign up to use our Services)
b. Pop-ups and embedded advertisements on our Website
c. Via phone
99. All advertisements will identify us as the sender.
100. All emails will have an ‘opt-out’ link you can use to disable us sending marketing content to you, which will be complied within five (5) business days.
101. For more information on Australian spam law requirements, please refer to the Australian Communications and Media Authority: https://www.acma.gov.au/spam-and-telemarketing
102. For more information on the UK requirements please see refer to the Privacy and Electronic Communications Regulations and the Data Protection Act: https://ico.org.uk/for-organisations/guide-to-pecr/what-are-pecr/
Links to Other Sites
104. We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.
Our Complaints Process
105. You can submit complaints to us using the contact information provided below under the Contact Us heading.
106. Our Data Protection Officer will review your complaint and will respond to you with further details as soon as practicable.
Under the APPs and IPPs
107. You have the right, under the APPs and IPPs to request access to the Personal Information we hold for you (and confirmation if we hold any such data). You also have the right to request the correction of such information.
108. You can submit complaints to us using our contact details below (see contact details); for digital notices we accept multiple formats of Word, PDF and RTF documents.
109. You can also lodge a complaint with the OAIC if the privacy/data issue hasn’t been resolved. For more information, please visit https://www.oaic.gov.au/privacy/privacy-complaints/.
Under the GDPR and UK GDPR
110. If the GDPR or UK GDPR applies to you, you have particular data protection rights. We have summarised those rights below and you can find further information on the website of the Data Protection Authority in your country.
112. In certain circumstances, you have the following data protection rights:
a. You may access, update or delete any information we hold on you. You will be able to change some information we hold in your account settings. Otherwise, please contact us for us to assist you. (Right to access)
b. You may rectify information that is incorrect or incomplete. (Right of rectification)
c. You have the right to object to our processing of your Personal Data. (Right to object)
d. You may request us to restrict our processing of your data. (Right of restriction)
e. You may request a copy of the information we hold on you, to be provided in a structured, machine-readable and commonly used format. (Right to data portability)
f. You may withdraw your consent for us to process your data. Please note that this will mean that many features of our Service will be unavailable, such as logging in. (Right to withdraw consent)
113. Please note that we may ask you to verify your identity before responding to such requests.
114. You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local Data Protection Authority in the European Economic Area (EEA).
115. If you are located in the UK, you have the right to submit a complaint to the UK Information Commissioner. For more information, please visit https://ico.org.uk.
116. We may update this document from time to time. Any changes will be notified via posting the updated information on this page.
117. We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the "effective date" at the top of this document.
118. You are advised to review this document periodically for any changes. Changes to this document are effective when they are posted on this page.
119. Here is a list of our other policies and agreements:
b. Cookies Policy: https://www.bigdogpetfoods.com/cookie-policy
120. If you have any questions about this document, the data we hold, or you would like to exercise one of your rights regarding the data, please contact us.
© Big Dog Australia Pty Ltd and Big Dog Pet Foods Pty Ltd 2023