Privacy policy

Last Updated: 1/12/2024

We, Living Oceans Pty Ltd ("we," "us," "our"), are committed to protecting your personal information in compliance with the Australian Privacy Act 1988 (Privacy Act) and the Australian Privacy Principles (APPs). This Privacy Policy explains how we collect, use, store, disclose, and manage your personal information when you interact with us online or offline, including when you use our products or services.

By using our website, purchasing products, engaging with our services, or interacting with us, you consent to the practices outlined in this Privacy Policy. If you do not agree to this Privacy Policy, please refrain from using our website, products, or services.

This Privacy Policy applies to all personal information we collect, including through our website, email communications, and direct interactions.

1. What Personal Information We Collect

The type of personal information we collect depends on your interaction with us and may include the following:

1.1 Contact Information

  • Your name, mailing address, email address, and phone number.

1.2 Account and Transaction Information

  • Account details such as username and password, order history, and preferences.

  • Billing and shipping details, including payment confirmation information.

1.3 Communication Information

  • Any information you provide when contacting us, such as messages sent via email, customer service inquiries, or feedback.

1.4 Usage Information

  • Information about how you interact with our website and services, including:

    • Device details such as IP address, browser type, and operating system.

    • Pages visited, time spent on our website, and navigation patterns.

    • Details collected through cookies and similar tracking technologies (see Section 6).

1.5 Marketing Preferences

  • Preferences related to marketing and promotional communications.

1.6 Environmental and System Information

  • We may collect information related to the health of your fish tank, such as water quality, filtration performance, and other system metrics.

  • This data is collected only as part of our services to maintain, monitor, or improve the performance of your Living Ecosystem Aquarium and is linked to your customer profile solely for support and maintenance purposes.

2. How We Collect Personal Information

We collect personal information directly from you, automatically through your interactions with our website or services, and from third parties.

2.1 Direct Collection

We collect personal information directly from you when you:

  • Place an order for products or services.

  • Create or manage an account on our website.

  • Subscribe to our maintenance plans or services.

  • Contact us via email, phone, or the Membership Portal.

  • Participate in surveys, promotions, or other activities.

2.2 Automatic Collection

We collect certain information automatically through your interactions with our website or services, including:

  • Cookies and tracking technologies that capture browsing behaviour and usage data (see Section 6).

  • Device and connection information such as IP address, browser type, and operating system.

  • Activity logs, such as pages visited, search queries, and time spent on the website.

2.3 Collection Through Third Parties

We may receive personal information about you from trusted third parties, including:

  • Payment processors that provide transaction details such as payment confirmation.

  • Shipping and delivery providers that supply delivery tracking updates.

  • Analytics and service providers that collect website usage data on our behalf.

2.4 Environmental and System Data Collection

For customers using our maintenance or monitoring services, we may collect environmental and system information (e.g., water quality metrics) via direct measurements, automated tools, or data you submit through the Membership Portal.

2.5 Consent to Collection

By interacting with us and using our website or services, you consent to the collection of personal information through the methods outlined above.

3. How We Use Personal Information

We collect and use your personal information to provide our products and services, improve your experience, and comply with legal obligations. The purposes for which we use your personal information include:

3.1 Providing Products and Services

  • To process and fulfil your orders, including payment confirmation, shipping, and returns.

  • To deliver and maintain subscription-based services, including aquarium monitoring and maintenance.

  • To respond to your inquiries, provide customer support, and handle complaints.

3.2 Improving Our Services

  • To analyse usage patterns and improve the functionality and performance of our website and services.

  • To personalise your experience, including tailoring product recommendations and content.

  • To collect feedback through surveys to enhance our offerings.

3.3 Marketing and Promotions

  • To send marketing communications, promotional offers, and updates about our products and services (where you have provided consent or where permitted by law).

  • To manage your preferences for marketing communications via the Membership Portal or email.

3.4 Security and Fraud Prevention

  • To ensure the security of your transactions and detect, prevent, and respond to fraudulent or illegal activity.

  • To verify and protect your account credentials and maintain safe interactions on our website.

3.5 Compliance with Legal Obligations

  • To comply with applicable laws, regulations, and legal requests.

  • To enforce our Terms and Conditions and protect our rights, property, and users.

3.6 Environmental and System Monitoring

  • For customers using maintenance or monitoring services, to assess the health and performance of your Living Ecosystem Aquarium, including water quality and system metrics.

  • To provide recommendations and adjustments to maintain a thriving ecosystem.

4. Disclosure of Personal Information

We may disclose your personal information to third parties as necessary to provide our services, comply with legal obligations, or improve our operations. Your information is disclosed only under the conditions outlined below:

4.1 Service Providers and Partners

We share personal information with trusted third parties who perform services on our behalf, including:

  • Payment processors for securely handling transactions.

  • Shipping and delivery providers to transport your orders and, where applicable, set up your Living Ecosystem Aquarium.

  • IT and website service providers for hosting, analytics, and technical support.

  • Marketing and advertising partners to provide tailored promotions and offers.

4.2 Legal and Regulatory Compliance

We may disclose your personal information:

  • To comply with applicable laws, regulations, or legal processes (e.g., court orders or subpoenas).

  • To enforce our Terms and Conditions or protect our rights, property, or safety and that of our customers or others.

4.3 Business Transactions

In the event of a merger, acquisition, restructuring, or sale of our business or assets, your personal information may be transferred as part of the transaction.

4.4 With Your Consent

We will disclose your personal information to third parties only with your explicit consent where required.

4.5 Aggregated or De-Identified Information

We may share aggregated or de-identified data (e.g., statistical analyses of user behaviour) that cannot be used to identify you personally for research, marketing, or operational purposes.

4.6 International Transfers

Where necessary, your personal information may be transferred to third parties located in other countries. In such cases, we ensure appropriate safeguards are in place, including compliance with Australian privacy laws.

5. Cookies and Tracking Technologies

We use cookies and similar tracking technologies to enhance your experience, analyse website performance, and provide personalised services. This section outlines how these technologies work and your options for managing them.

5.1 What Are Cookies?

Cookies are small text files stored on your device by a website. They help websites function properly, remember your preferences, and collect information about your usage for analytics and personalisation purposes.

5.2 Types of Cookies We Use

We use the following types of cookies:

  • Essential Cookies: Required for the basic functionality of our website, such as enabling secure checkout and account management.

  • Performance and Analytics Cookies: Help us understand how visitors interact with our website, allowing us to improve its performance.

  • Personalisation Cookies: Remember your preferences, such as language or region, to provide a customised experience.

  • Marketing Cookies: Deliver relevant advertisements based on your browsing behaviour on our website and other platforms.

5.3 Third-Party Cookies

We may allow trusted third-party service providers to use cookies and other tracking technologies on our website. These providers may collect information about your interaction with our website to deliver tailored advertisements and services.

5.4 Managing Cookies

You can manage or disable cookies through your browser settings. Please note:

  • Blocking or disabling cookies may affect the functionality of certain features on our website.

  • Instructions for managing cookies are available in your browser’s help documentation.

5.5 Other Tracking Technologies

In addition to cookies, we may use other tracking technologies such as pixels, web beacons, or similar tools to:

  • Measure the effectiveness of our marketing campaigns.

  • Track interactions with our website or emails.

5.6 Consent to Cookies

By using our website, you consent to the use of cookies and tracking technologies as described in this section. You may withdraw your consent at any time by disabling cookies in your browser settings or contacting us.

6. Storage and Security of Personal Information

We take reasonable steps to protect the personal information we collect from misuse, loss, unauthorised access, modification, or disclosure. This section outlines our storage and security practices:

6.1 Storage Methods

  • Personal information is stored securely on servers managed by Shopify and trusted third-party service providers.

  • Physical records, where applicable, are stored in secure facilities with controlled access.

6.2 Security Measures

We use a combination of physical, electronic, and procedural safeguards to protect your personal information, including:

  • Secure Socket Layer (SSL) encryption for transmitting sensitive data, such as payment information.

  • Restricted access to personal information on a need-to-know basis for employees and service providers.

  • Regular security audits and monitoring of our systems to detect and prevent unauthorised access.

6.3 Retention of Information

  • We retain personal information only for as long as necessary to fulfil the purposes for which it was collected or as required by law.

  • When personal information is no longer needed, it is securely deleted or anonymised.

6.4 No Guarantee of Absolute Security

While we take reasonable measures to protect your personal information, no method of storage or transmission is completely secure. By using our services, you acknowledge and accept that we cannot guarantee absolute security of your personal information.

7. Access and Correction of Personal Information

We are committed to ensuring that the personal information we hold about you is accurate, complete, and up to date. This section outlines your rights and how you can access or correct your personal information.

7.1 Right to Access

  • You have the right to request access to the personal information we hold about you.

  • Requests for access can be submitted via email to info@livingoceans.com.au. We will provide access unless prohibited by law or unless it would unreasonably affect the privacy of others.

7.2 Right to Correction

  • If you believe that any personal information we hold about you is inaccurate, incomplete, or out of date, you may request that we correct it.

  • Correction requests can also be submitted via email to info@livingoceans.com.au.

7.3 Verification of Identity

  • For security purposes, we may require you to verify your identity before providing access to or correcting your personal information.

7.4 Response Times

  • We aim to respond to access and correction requests within 30 days. If more time is needed, we will notify you and explain the reason for the delay.

7.5 Costs

  • Access to personal information is generally free of charge. However, in some cases, we may charge a reasonable fee to cover administrative costs associated with providing access.

7.6 Exceptions

  • In certain circumstances, we may deny access to or correction of personal information. Examples include:

    • Where access would unreasonably affect the privacy of others.

    • Where access would result in a breach of law.

    • Where the information is subject to legal privilege.

  • If access or correction is denied, we will provide a written explanation of the reasons and inform you of any available dispute resolution options.

8. Complaints and Dispute Resolution

We are committed to addressing any concerns or complaints you may have about our handling of your personal information. This section outlines how to lodge a complaint and the process for resolving disputes.

8.1 Lodging a Complaint

  • If you believe we have breached the Australian Privacy Act 1988, the Australian Privacy Principles (APPs), or this Privacy Policy, you can lodge a complaint by contacting us:

    • Email: info@livingoceans.com.au

    • Mail: Our physical address is available upon request for formal correspondence.

8.2 Information Required for Complaints

  • Please provide sufficient details about your complaint, including:

    • Your contact information.

    • The nature of the alleged breach or issue.

    • Any relevant supporting documents or information.

8.3 Resolution Process

  • Upon receiving your complaint, we will:

    • Acknowledge receipt of your complaint within 5 business days.

    • Investigate the matter thoroughly.

    • Provide a written response with the outcome of our investigation within 30 days, unless otherwise specified.

8.4 Escalation of Complaints

  • If you are dissatisfied with our response, you may escalate your complaint to the Office of the Australian Information Commissioner (OAIC):

8.5 Alternative Dispute Resolution

  • In some cases, we may propose alternative dispute resolution mechanisms, such as mediation, to resolve complex complaints amicably.

9. International Transfers of Personal Information

We may transfer, store, or process your personal information in countries outside of Australia to deliver our products and services. This section explains how we ensure your information remains protected during international transfers.

9.1 Locations of Data Processing

  • Your personal information may be processed by trusted third-party service providers in countries where we conduct business or where our providers are located.

9.2 Safeguards for International Transfers

  • When transferring your personal information internationally, we ensure that appropriate safeguards are in place to protect your data, including:

    • Ensuring service providers comply with Australian privacy laws or equivalent standards.

    • Using contractual agreements, such as standard contractual clauses, to require third parties to protect your personal information.

9.3 User Consent for International Transfers

  • By using our services and providing your personal information, you consent to the transfer, storage, and processing of your data in countries outside Australia, as described in this Privacy Policy.

9.4 Rights and Protections

  • Regardless of where your personal information is transferred or stored, we will take reasonable steps to ensure it is handled in accordance with this Privacy Policy and Australian privacy laws.

10. Changes to this Privacy Policy

We reserve the right to update this Privacy Policy from time to time to reflect changes in our business practices, legal obligations, or other operational needs.

10.1 Notification of Changes

  • Any updates to this Privacy Policy will be published on our website, along with the updated "Effective Date" at the top of the policy.

10.2 Material Changes

  • For significant changes that may impact your rights or the way we handle your personal information, we will provide reasonable notice. This may include notifications via email or a prominent notice on our website.

10.3 Your Responsibility to Review

  • We encourage you to review this Privacy Policy periodically to stay informed about how we protect your personal information. By continuing to use our website, products, or services after changes are posted, you consent to the updated Privacy Policy.

11. Contact Information

If you have any questions, concerns, or requests regarding this Privacy Policy or the way we handle your personal information, you can contact us using the details below:

  • Email: info@livingoceans.com.au

  • Mail: Our physical address for formal correspondence is available upon request.

We aim to respond to all inquiries within a reasonable time frame and in compliance with applicable privacy laws.