Privacy Policy

Privacy Policy

This is the Privacy Policy for Glow Solutions Pty Ltd ABN 94 659 218 710 dated 1 June 2023 (“Privacy Policy“).

By agreeing to this Privacy Policy pursuant to our Website Terms and Conditions (together or separately the “The Always Terms“), or as otherwise contemplated by this Privacy Policy:

You consent to our collection, use, storage, disclosure, sharing, and means of protecting your information, including any Personal Information, in accordance with the terms of this Privacy Policy; and

This Privacy Policy applies to the Glow Solutions Pty Ltd Website and all related sites, applications, Services, and tools regardless of how you access them; and

This Privacy Policy applies to any electronic communication that you have with Glow Solutions Pty Ltd.

This Privacy Policy is available at https://thealways.co/privacy-policy.

Definitions and interpretation

In this Privacy Policy capitalised terms have special meanings. Please refer to the Glossary in section 11 for the meanings of these terms.

Words such as “include”, “including”, “for example” “such as” and similar terms are not terms of limitation and do not limit the scope of the relevant subject.

Parties bound

You accept this Privacy Policy in the ways described in The Always Terms.

In addition to clause 2.1 you accept this Privacy Policy upon the earliest occurrence of any of the following events:

you access the Website;

you submit any information to us using any feature (such as an enquiry form) on the Website;

you send information to us using any Electronic Communication;

you respond to any survey, poll, or other request for information conducted by, or on behalf of Glow Solutions Pty Ltd;

you upload any Content to the Website;

you access, use, or receive any Services from us.

We may amend this Privacy Policy at any time by posting a revised version on the Website. The revised version will be effective at the earliest occurrence of any of the events that apply to you in clause 2.2, and if none of those occur prior, then the amended version will apply 7 days after we post the revised version on the Website. For avoidance of doubt, the current version will remain in effect until the amended version takes effect.

Nothing in this Privacy Policy is to be read to impose any obligation on us beyond those required by the Australia Privacy Principles (“APPs“), or the Privacy Act 1988 (Cth).

You are responsible for the accuracy of any information that you provide to us for any purpose.

Upon accepting this Privacy Policy its provisions apply to information about you that we hold, and any information about you that we collect in the future.

What are the kinds of information that we collect

The information may include Personal Information, data on the pages you access, device identifiers, your location, standard web log data, Services related data, and other information as described in the following paragraphs of this clause 3.

Personal Information

Throughout this Privacy Policy, we use the term �Personal Information� to describe information that can be associated with a specific person and can be used to identify that person. We do not consider Personal Information to include information that has been made anonymous and does not identify a specific person (including a User). Personal Information has the meaning provided in the Privacy Act 1988 (Cth) form time to time, which at the time of writing is in the following form:

“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.”

Web log data

Web log data incudes the browser type you�re using and traffic to and from your browser or other access device.

In order to help protect you from fraud and misuse of your Personal Information, we may collect information about your use and interaction with the Website. For example, we may evaluate your computer, mobile phone or other access device to identify any malicious software or activity.

Services related data

Services related data includes:

data relating to the activities relating to your use of the Website, or

details relating to any communication otherwise completed by, or in relation to, you through the Website or our Services.

Enquires

If you submit a query or other information on the Website, we may collect the following types of information:

contact information, such as your name, address, phone, email and other similar information;

detailed Personal Information, such as your date of birth or other personal identifiers.

Third party data

We may also obtain any information about you from third parties such as credit bureaus, identity verification services, authentication services (for example if you use Single Sign-on), inbound marketing service providers, online marketing platforms (such as Google or Facebook), social media platforms, and providers of web-tracking data.

Other information

We may also collect additional information from or about you in other ways, such as through our support team, results when you respond to a survey or poll, and from interactions with any other person through the Website, through any of our social media accounts, information that our sub-contractors collect from or about you, or in person or through Electronic Communication in regard to our Services.

How do we collect and store information

Collection

We collect information that you provide to us when we communicate with you.

We collect information sent to us by your telecommunications carrier, internet provider, computer, mobile phone, or other access device when you:

contact us by phone;

receive or respond to messages from us, or send messages to us, using electronic systems including without limitation Electronic Communications or others;

download information, scripts, code, data, images, media, tokens, and other types of Content from our servers;

navigate to the Website, or any related pages with a web browser;

submit any information using an enquiry form or by any other method provided on the Website;

otherwise use the Website to obtain information or Services from us.

We collect web-tracking information from third parties about your information, product, and service preferences.

Storage

We store and process your Personal Information on our computers in Australia, and our contract service providers’ computers in the United States of America, and other foreign countries.

We may also store information on your computer or other access device using Cookies.

How do we use Cookies

When you access the Website or communicate with us electronically, we may place small data files on your computer, or other device. These data files may be cookies, pixel tags, or other local storage provided by your browser or associated applications (collectively Cookies). We use Cookies to:

identify you as a User

enable functionality on and to customise the Website and related content;

measure promotional effectiveness;

mitigate risk and prevent fraud; and

to promote trust and safety with our Users and the Website.

We may use both session and persistent Cookies. Session Cookies expire and no longer have any effect when you end your session on the Website or close your browser. Persistent Cookies remain on your browser until you erase them or they expire.

We may encode our Cookies so that we can interpret the information stored in them. You are free to decline our Cookies if your browser or browser add-on permits, but doing so may interfere with your use of the Website

We have no control over third party Cookies

You may encounter Cookies on websites that we do not control (including those you may access from the Website), and we are not responsible for third party websites or Systems. For example, if you access a third party website through a link on the Website, there may be one or more Cookies placed by the third party web page or an application within it.

What are the purposes for which we collect, hold, use and disclose information

Primary purpose

Our primary purpose in collecting Personal Information is to provide you with our Services and information about our Services.

Secondary purposes

We may also use your Personal Information to (the secondary purposes):

send direct marketing to you relating to us or our Related Entities (subject to clause 5.4);

provide the Website, our Services, and customer support;

resolve disputes, collect fees, and troubleshoot problems;

prevent potentially prohibited or illegal activities, and enforce The Always Terms, which can be viewed at https://thealways.co/terms;

customise, measure, and improve the Website;

contact you:

at any telephone number you provide to us, by placing a voice call or through text (SMS); or

by email messaging at any email address that you provide to us; or

by any means of Electronic Communication as requested or agreed by you; or

compare information for accuracy, and verify it with third parties; or

any other purposes that are essential or incidental to the primary purpose, and other secondary purposes set out above.

Consequences of not collecting information

If we cannot collect information from you for our primary purposes, and to the extent necessary our secondary purposes, it will likely be impossible for us to provide you with our Services, or information about our Services.

Direct marketing op-out

If you do not wish to receive marketing communication from us, outside of the Website then you may opt-out at any time by using the unsubscribe or opt-out feature contained in the communication that we send to you. Upon receipt of your opt-out request, we will no longer send you direct marketing information. Please note that such opt out does not affect any direct information request that you have made, or any correspondence relating to Services that we are providing to you, or may provide to you as a result of communication from you.

Combined data

We may combine information that we collect from you with information we collect from third parties and use it to improve our Services and personalise your experience on the Website, personalise and optimise content served up or delivered to you, and personalise any advertising or marketing information displayed on our Website or sent to you by other means of communication. We may also use such combined data for enforcing our The Always Terms.

Aggregated data used for business development

De-identified information generated by the Website, which includes data relating to your use, and use by others, of the Website, is used by us for our internal business development purposes.

How and to whom do we disclose information

General

We may share (disclose or receive) your Personal Information with the following persons, or classes of persons (each an Authorised Recipient).

Related Entities (as defined by the Corporations Act 2001 (Cth).

Service providers under contract who help with our business operations such as fraud prevention, bill collection, shipping and transport, marketing, analytics, tracking, and any other technology services.

Companies that we plan to merge with or be acquired by. Should such a combination occur, we will require that the new combined entity follow this Privacy Policy with respect to your Personal Information. If your Personal Information could be used contrary to this policy, you will receive prior notice.

Law enforcement, government officials, or other third parties pursuant to subpoena, court order, or other legal process or requirements applicable to Glow Solutions Pty Ltd or any of its affiliates.

To law enforcement agencies, or contracted investigators, when we believe, in our sole discretion, that the disclosure of Personal Information is necessary to prevent physical harm or financial loss, to report suspected illegal activity, or to investigate violations of our The Always Terms.

Other third parties with your consent or direction to do so, which includes such direction caused by you using our Services.

We are not responsible for third parties or their websites

If you create an account, take membership on, or transact directly on a third party website or via a third party application, any information that you enter on that website or application will likely be shared with the owner of that website or application. These sites are governed by their own privacy policies and terms and conditions and you are encouraged to review their privacy policies before providing them with Personal Information. Glow Solutions Pty Ltd is not responsible for the content or information practices of third parties.

We do not rent or sell your information to third parties for their marketing purposes

Glow Solutions Pty Ltd will not sell or rent any of your Personal Information to third parties for their marketing purposes without your permission, except as expressly provided otherwise under this Privacy Policy.

Do we disclose information to recipients outside Australia

Yes. We disclose information to Authorised Recipients who may be in other countries where the laws on processing Personal Information may be less stringent than in Australia. However, we will take reasonable steps, including entering into agreements with the relevant parties, to ensure that those parties act consistently with our obligations to you in relation to your Personal Information.

By submitting information to us, or otherwise accepting this Privacy Policy you consent to us making such cross border disclosures. These cross border disclosures will occur in the United States of America, countries other than Australia in the Asia Pacific region and may also occur in other countries.

How you may contact us about information we hold

How you may access information that we hold

You can request a copy of the information we hold by contacting our Privacy Officer at feedback@thealways.co.

How you may seek to correct information that we hold

If you have questions or concerns regarding this Privacy Policy, you should contact us by:

email at feedback@thealways.co,

and we will comply with our obligations, if any, to correct or destroy the relevant information, and if you request us to do so we will also notify any third parties to whom the information has been disclosed of the relevant correction or destruction of the information.

How you may make a complaint

If you have a privacy complaint, you should report it in writing by:

emailing our Privacy Officer at feedback@thealways.co.

We aim to:

Acknowledge receipt of all complaints within 10 working days; and

Resolve all complaints within 60 working days, however, this may not be possible in all circumstances.

Where we cannot resolve a complaint within 60 working days, we will notify you of the reason for the delay as well as an indication of when we expect to resolve the complaint.

Glossary

In this Privacy Policy, the terms in bold in the left column in the following table have the corresponding meaning unless repugnant to the context.

APPs means:

Any one or more of the Australian Privacy Principles as the context requires.

Authorised Recipient means:

A person to whom we are authorized to disclose your information under the terms of this Privacy Policy. Refer to clause 6.

Content means:

Any textual, visual, aural content, including without limitation: text, images, sounds, videos, animations, documents, data, files containing human readable content, any works or subject matter other than works created by a person as protected by copyright laws, or any combination of these things. But expressly excluding any functional software or module that forms a part of the System upon which the Content is stored or accessed. .

Cookies means:

Refer to clause 4.

Electronic Communication means:

Any means of communicating electronically, which includes without limitation:

Email;

Facsimile;

Any web chat service;

Any social media messaging service;

File sharing or document transmittal service;

Any video conferencing service;

Any other form of communication which is conducted using any internet connection, or other means of transmitting data, or streaming media.

End User Licence Agreement means:

Our End User Licence Agreement published on the Website from time to time. For the avoidance of doubt, if there is no document titled End User Licence Agreement then any document published on the Website which imposes terms and conditions on use of, or access to the Website, and if more than one, then each of them.

Glow Solutions Pty Ltd means:

Glow Solutions Pty Ltd ABN 94 659 218 710

The Always Terms means:

As defined in the introduction to this Privacy Policy.

Personal Information means:

Refer to clause 3.2.

Privacy Policy means:

This document, or any previous version, or future variation or replacement as the case requires.

Related Entities means:

Has the meaning provided in the Corporations Act 2001 (Cth).

Services means:

Any service that is, or may be, provided by Us.

User means:

A visitor to, or any person that accesses any feature of, the Website.

Website means:

Our website which may be accessed at: https://thealways.co