Privacy Policy

Your privacy is important to Monica Susan Kinloch (I/we/us/our). It is our policy to respect your privacy and comply with any applicable law and regulation regarding any personal information we may collect about you, including across https://www.monkinloch.com (this/our website) and any other site we own and operate.

Personal information is any information about you which can be used to identify you. This includes information about you as a person (e.g. name, address, and date of birth), your devices, payment details, and even information about how you use a website or online service.

In the event our site contains links to third-party sites and services, please be aware that those sites and services have their own privacy policies. After following a link to any third-party content, you should read their posted privacy policy information about how they collect and use personal information. This Privacy Policy does not apply to any of your activities after you leave our site.

This policy is effective as of 25 November 2021. Last updated: 05 January 2024.

1. INFORMATION WE COLLECT

   Information we collect falls into one of two categories: ‘Voluntarily provided’ information, and ‘automatically collected’ information.

   ‘Voluntarily provided’ information refers to any information you knowingly and actively provide us when using or participating in any of our services and promotions.

   ‘Automatically collected’ information refers to any information automatically sent by your devices in the course of accessing our products and services.

2. LOG DATA

   When you visit our website, our servers may automatically log the standard data provided by your web browser. It may include your device’s Internet Protocol (IP) address, your browser type and version, the page you visit, the time and data of your visit, the time spent on each page, and other details about your visit.

   Additionally, if you encounter certain errors while using the site, we may automatically collect data about the error and the circumstances surrounding its occurrence. This data may include technical details about your device, what you were trying to do when the error happened, and other technical information relating to the problem. You may or may not receive notice of such errors, even in the moment they occur, that they have occurred, or what the nature of the error is.

   Please be aware that while this information may not be personally identifying by itself, it may be possible to combine it with other data to personally identify individual persons.

3. DEVICE DATA

   When you visit our website or interact with our services, we may automatically collect data about your device, such as:

   a)  Device type; and/or

   b)  Geo-location data.

   Data we collect can depend on the individual settings of your device and software. We recommend checking the policies of your device manufacturer or software provider to learn what information they make available to us.

4. PERSONAL INFORMATION

   We may ask for personal information – for example, when you submit content to us or when you contact us – which may include one or more of the following:

   a)  Name;

   b)  Email; and/or

   c)  Social media profiles.

5. USER-GENERATED CONTENT

   We consider ‘user-generated content’ to be materials (e.g. text, image and/or video content) voluntarily supplied to us by our users for the purpose of publication on our website or re- publishing on our social media channels. All user-generated content is associated with the account or email address used to submit the materials.

   Please be aware that any content you submit for the purpose of publication will be public after posting (and subsequent review or vetting process). Once published it may be accessible to third parties not covered under this privacy policy.

6. LEGITIMATE REASONS FOR PROCESSING YOUR PERSONAL INFORMATION

   We may collect personal information from you when you do any of the following on our website:

   a)  Register for an account;

   b)  Enter any of our competitions, contests, sweepstakes, and surveys;

   c) Sign up to receive updates from us via email or social media channels;

   d)  Use a mobile device or web browser to access our content;

   e)  Contact us via email, social media, or on any similar technologies; and/or

   f)  When you mention us on social media.

   We may collect, hold, use and disclose information for the following purposes, and personal information will not be further processed in a manner that is incompatible with these purposes:

   a)  To provide you with our platform’s core features and services;

   b)  To enable you to customise or personalise your experience of our website;

   c)  To deliver products and/or services to you;

   d)  For analytics, market research, and business development, including to operate and improve our website, associated applications, and associated social media platforms;

   e)  For advertising and marketing, including to send you promotional information about our products and services and information about third parties that we consider may be of interest to you;

   f)  To enable you to access and use our website, associated applications, and associated social media platforms;

   g)  For internal record keeping and administrative purposes;

   h)  To run competitions, sweepstakes, and/or offer additional benefits to you;

   i)  To comply with our legal obligations and resolve any disputes we may have;

   j)  To attribute any content (e.g. posts and comments) you submit that we publish on our website; and

   k)  For security and fraud prevention, and to ensure that our sites and apps are safe, secure, and used in line with our Terms of Use.

   We may combine voluntarily provided and automatically collected personal information with general information or research data we receive from other trusted sources. For example, our marketing and market research activities may uncover data and insights, which we may combine with information about how visitors use our site to improve our site and your experience on it.

7. SECURITY OF YOUR PERSONAL INFORMATION

   When we collect and process personal information, and while we retain this information, we will protect it within commercially acceptable means to prevent loss and theft, as well as unauthorised access, disclosure, copying, use or modification.

   Although we will do our best to protect the personal information you provide to us, we advise that no method of electronic transmission or storage is 100% secure and no one can guarantee absolute data security.

   You are responsible for selecting any password and its overall security strength, ensuring the security of your own information within the bounds of our services, for example, ensuring any passwords associated with accessing your personal information and accounts are secure and confidential.

8. HOW LONG WE KEEP YOUR PERSONAL INFORMATION

   We keep your personal information only as long as we need to. This time period may depend on what we are using your information for, in accordance with this Privacy Policy. For example, if you have provided us with personal information as part of creating an account with us, we may retrain this information for the duration your account exists on our system. If your personal information is no longer required for this purpose, we will delete it or make it anonymous by removing all details that identify you.

   However, if necessary, we may retain your personal information for our compliance with a legal, accounting, or reporting obligation or for archiving purposes in the public interest, scientific, or historical research purposes or statistical purposes.

9. CHILDREN’S POLICY

   We do not aim any of our products or services directly at children under the age of 13 and we do not knowingly collect personal information about children under the age of 13.

10. DISCLOSURE OF PERSONAL INFORMATION TO THIRD PARTIES

    We may disclose personal information to:

    a)  A parent, subsidiary or affiliate of our company;

    b)  Third-party service providers for the purpose of enabling them to provide their services including and without limitation, IT service providers, data storage, hosting and server providers, ad networks, analytics, error loggers, debt collectors, maintenance or problem- solving providers, marketing or advertising providers, professional advisors, and payment systems operators;

    c)  Our employees, contractors, and/or related entities;

    d)  Our existing or potential agents or business partners;

    e)  Sponsors or promoters of any competition, sweepstakes, or promotion we run;

    f)  Credit reporting agencies, courts, tribunals, and regulatory authorities, in the event you fail to pay for goods or services we have provided to you;

    g)  Courts, tribunals, regulatory authorities, and law enforcement officers, as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise, or defend our legal rights;

    h)  Third parties, including agents of sub-contractors who assist us in providing information, products, services, or direct marketing to you;

    i)  Third parties to collect and process data; and/or

    j)  Any entity that buys, or to which we transfer all or substantially all of our assets and business.

11. YOUR RIGHTS AND CONTROLLING YOUR PERSONAL INFORMATION

    11.1  YOUR CHOICE:

    By providing personal information to us, you understand we will collect, hold, use and disclose your personal information in accordance with this Privacy Policy. You do not have to provide personal information to us, however, if you do not, it may affect your use of our website or the products and/or services offered on or through it.

    11.2  INFORMATION FROM THIRD PARTIES

    If we receive personal information about you from a third party, we will protect it as set out in this Privacy Policy. If you are a third party providing personal information about somebody else, you represent and warrant that you have such person’s consent to provide this personal information to us.

    11.3  MARKETING PERMISSION

    If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by contacting us using the details at the end of this Privacy Policy and on our website.

    11.4  ACCESS
    You may request details of the personal information that we hold about you.

    11.5  CORRECTION

    If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant, or misleading, please contact us using the details provided at the end of this Privacy Policy and on our website. We will take reasonable steps to correct any information found to be inaccurate, incomplete, misleading, or out of date.

    11.6  NON-DISCRIMINATION

    We will not discriminate against you for exercising any of your rights over your personal information. Unless your personal information is required to provide you with a particular service or offer (e.g. providing user support), we will not deny you goods or services and/or charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties, or provide you with a different level of quality of goods and services.

    11.7 NOTIFICATION OF DATA BREACHES
    We will comply with laws applicable to us in respect of any data breach.

    11.8 COMPLAINTS

    If you believe that we have breached a relevant data protection law and wish to make a complaint, please contact us using the details below and on our website and provide us with full details of the alleged breach. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take to deal with your complaint. You also have the right to contact a regulatory body or data protection authority in relation to your complaint.

    11.9 UNSUBSCRIBE

    To unsubscribe from your email database or opt-out of communications (including marketing communications), please contact us using the details listed below and/or on our website, or opt- out using the opt-out facilities provided in the communication. We may need to request specific information from you to help us confirm your identity.

12. USE OF COOKIES

    We use cookies to collect information about you and your activity across our site. A cookie is a small piece of data that our website stores on your computer and accesses each time you each time you visit, so we can understand how you use our site. This helps us serve you content based on preferences you have specified.

    Please refer to our Cookie Policy for more information.

13. BUSINESS TRANSFERS

    If we or our assets are acquired, or in the unlikely event that we go out of business or enter bankruptcy, we would include data, including your personal information, among the assets transferred to any parties who acquire us. You acknowledge that such transfers may occur, and that any parties who acquire us may, to the extent permitted by applicable law, continue to use your personal information according to this policy, which they will be required to assume as it is the basis for any ownership or use rights we have over such information.

14. LIMITS OF OUR POLICY

    Our website may link to external sites that are not operated by us. Please be aware that we have no control over the content and policies of those sites, and we cannot accept responsibility or liability for their respective privacy practices.

15. CHANGES TO THIS POLICY

    At our discretion, we may change our Privacy Policy to reflect updates to our business processes, current acceptable practices, or legislative or regulatory changes. If we decide to change this Privacy Policy, we will post the changes here at the same link by which you are accessing this Privacy Policy.

    If the changes are significant, or if required by applicable law, we will contact you (based on your selected preferences for communications from us) and all our registered users with the new details and links to the updated or changed policy.

    If required by law, we will get your permission or give you the opportunity to opt in to, or opt out of, as applicable, any new uses of your personal information.

16. ADDITIONAL DISCLOSURES FOR AUSTRALIAN PRIVACY ACT COMPLIANCE (AU)

    16.1 INTERNATIONAL TRANSFERS OF PERSONAL INFORMATION

    Where the disclosure of your personal information is solely subject to Australian privacy laws, you acknowledge that some third parties may not be regulated by the Privacy Act and the Australian Privacy Principles in the Privacy Act. You acknowledge that if any such third party engages in any act or practice that contravenes the Australian Privacy Principles, it would not be accountable under the Privacy Act, and you will not be able to seek redress under the Privacy Act.

17. CONTACT US

    For any questions or concerns regarding your privacy, you may contact us using the following details:

    Contact name: Mon Kinloch

    Website: https://www.monkinloch.com/contact

    Email: hello@monkinloch.com