Privacy Policy

By accessing and viewing this website you agree to be bound by the Terms and Conditions of this website.

Swish Gear values the privacy and security of the information that you share with us through www.swishgear.com.au (the 'Website'). It is important that you understand how we collect, use, and maintain your information. This Privacy Statement explains our online information practices, the choices you may make about how we collect and use your information at this WebSite, and the ways you may contact us.

Swish Gear regards privacy as an important right for our customers. Information provided to us by our customers is protected by our strict standards, upheld by policies and procedures that fully comply with Commonwealth Government privacy laws.

The information we collect from our customers is used for specific purposes, such as express delivery of customer shipments, customer assistance and service and for the continuous improvement of services to our valued customers. If this information is not provided to us, we may not be able to provide our customers with our services or deliveries.

We may change this Privacy Statement from time to time. Changes to this Privacy Statement are effective upon posting. Please check back periodically for updates.

Definitions

'Personal Information' includes, without limitation, your name, contact information (including e-mail address and URL), and other individually identifiable information about you.

'Non-Identifying Personal Information' includes information about you, including, without limitation, your Internet service provider, browser type, domain name, the WebSite that referred you to us, the web pages you request, the date and time of those requests, and entry and exit points.

'Business Contact Information' includes the name, title, business address, telephone number of an employee of an organization. Business Contact Information is not Personal Information.

'Aggregated Information' is any information about more than one individual where the individual identities are unknown and cannot be inferred from the information. Aggregated Information is not Personal Information.

Collection of Personal Information

Swish Gear may collect Personal Information from you, but only if you provide it to us voluntarily. We also collect Personal Information that you provide to our suppliers, which they pass on to us so that we can fulfill your order. You must provide Personal Information in the form of a unique identifier (username, password) to enter certain parts of our website.

Collection and Use of Non-Identifying Personal Information

During your use of our Website, we will collect certain Non-Identifying Personal Information to enhance the functionality of the Website and to make your access more convenient and efficient. We retain Non-Identifying Personal Information and use it to establish Website activity trends, monitor Website performance, improve Website design and functionality, fulfill orders, inform current and potential customers and suppliers about our services, and for other business purposes. Our collection of Non-Identifying Personal Information may involve the use of cookies. Among other uses, cookies allow us to deliver content specific to your interests, to save you from re-entering your registration data at each connection, and to provide features such as online customer payment and shopping carts. The Help portion of the toolbar on most browsers will tell you how to configure your web browser to accept cookies, to prevent your browser from accepting new cookies, to have the browser notify you when you receive a new cookie, or to disable cookies altogether. No personal or unencrypted information will be encoded in cookies that are stored on your computer.

Use of Personal Information

Swish Gear may use and disclose Personal Information as described in this document. In addition to the uses described in this document, we may use Personal Information for purposes that include maintaining the Website, order fulfillment and administration, and product surveys. We may also use Personal Information to provide current and potential customers and suppliers with information about our services.

We only collect, use, and disclose Personal Information for purposes that are reasonable in the circumstances. We use only fair and lawful means to collect Personal Information.

We reserve the right to use or disclose Aggregated Information and Business Contact Information in ways that we think are appropriate.

Agents

We disclose Personal Information to other companies and individuals to perform functions for us under confidentiality agreements. These types of agents include mailing and delivery companies, marketing service providers, database managers, customer service representatives, and other agents who perform functions for or on our behalf. These agents may perform functions including, without limitation, analyzing data, supplying marketing assistance, providing search results and links (including paid listings and links), fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, processing credit card payments, and providing customer service. Where we disclose Personal Information to organizations that perform services on our behalf, we will require those organizations to use such information solely for the purposes of providing services to us and to protect the Personal Information with appropriate safeguards.

Suppliers

We make goods and services from suppliers available to customers for purchase by credit or debit card. We have confidentiality agreements with these suppliers. We share your Personal Information with suppliers for reasons that include, without limitation, sending order information and resolving customer comments or complaints.

Protection of Swish Gear and Others

We may use or disclose Personal Information without your consent in certain circumstances:

• If we are required by law or by an order or requirement of a court, administrative agency, or other government entity, or by court rules concerning the production of records;
• If we have reasonable grounds to believe that use or disclosure is necessary to protect the rights, privacy, property, or safety of our users or others;
• If we have reasonable grounds to believe that the information relates to a breach of agreement or violation of the law that has been, is being, or is about to be committed;
• If it is necessary for fraud protection, risk reduction, or the establishment or collection of funds owed to us;
• If it is necessary to enforce or apply our Terms of Use and other agreements, to pursue remedies, or to limit damages to Swish Gear;
• If the information is public;
• For other reasons allowed or required by law.

When we are required or permitted to disclose information without consent, we will not disclose more information than is necessary to fulfill the disclosure purpose.

Consent

We will obtain your consent to the collection, use, and disclosure of that information as described in this Privacy Statement. If you do not consent to our collection, use, or disclosure of your Personal Information as described in this Privacy Statement, then do not share Personal Information with us. However, we are unable to offer some services, like processing purchases, without Personal Information.

You may withdraw your consent at any time, subject to reasonable notice and legal or contractual obligations. To withdraw your consent, simply tell us of the Personal Information that you no longer wish us to collect, use, or disclose through the Contact Information listed below. However, we are unable to offer some services, like processing purchases, without Personal Information.

There are limited situations in which applicable laws require or allow us to collect, use, or disclose Personal Information without your consent or after you withdraw your consent. We describe these situations under 'Protection of Swish Gear and Others' in the section on Use of Personal Information in this Privacy Statement.

Retention and Access

We will take reasonable steps to keep your Personal Information accurate, complete, current, and relevant to its intended use. We keep your Personal Information only as long as we need it for the reasons it was collected. When your Personal Information is no longer required for our purposes, we have procedures to destroy, delete, or erase it or to convert it to an anonymous form.

Any information that Swish Gear collects from visitors to this Website will be used, stored, or processed, in whole or in part, in Australia. The principal place in which we hold Personal Information is Canberra, Australia. All purchases from this Website are made in Australia.

At your request, we will provide you with reasonable access to your Personal Information, so that you can review what we have stored and, if you choose, request corrections to it. After you request access, we will provide the Personal Information that you request as soon as practically possible and generally no later than thirty days following the request. If you wish to correct your Personal Information, please send us a written explanation of the particular information that you believe should be corrected. Where information will not or cannot be disclosed, we will tell you the reasons for non-disclosure.

Security

Swish Gear combines technical and physical safeguards with employee policies and procedures to protect your information. We work to protect your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts the information that you provide online at our Website. We will use commercially reasonable efforts to protect your information, continue to assess new technology for protecting information, and when appropriate, upgrade our information security systems.

Further, we permit only authorized Swish Gear employees and third parties to access any Personal Information that you supply to us. If an employee misuses Personal Information, we will take disciplinary action, up to and including termination of employment. If any individual or organization misuses Personal Information, we will take action, up to and including termination of any agreement between Swish Gear and that individual or organization.

Links to Other Websites

When you click on a link on this Website that takes you to a website operated by another company, you will be subject to that website's privacy policies. Swish Gear shall not be responsible for the content of any other site accessed via the Swish Gear site; that information is the responsibility of the site owner and Swish Gear has no control over it. Links to other sites are provided for convenience only and do not represent any endorsement by Swish Gear of the products offered by the site owner.

Dispute Resolution

Please direct any questions or concerns regarding the use or disclosure of Personal Information to us by using the Contact Information given below. We will investigate and attempt to resolve complaints and disputes regarding use and disclosure of personal information in accordance with the principles contained in this Privacy Statement. For complaints that cannot be resolved, we will make available to you an independent dispute resolution process.

Contact Information

In the event of questions about (i) access to your Personal Information, (ii) our collection, use, management, or disclosure of Personal Information, or (iii) this Privacy Statement, contact us at:

+61 26259 1544, M-F, 9:00 AM to 5:30 PM (Australian Eastern Standard Time)

Effective Date

This Privacy Statement is effective as of May 30, 2005.