Migraine Stopper Pty Ltd
1.1 Welcome to www.migrainestopper.com.au (the ‘Website’). The Website is owned and operated by Migraine Stopper Pty Ltd (ACN 607 217 327) (‘Migraine Stopper’). Thank you for using Migracorr Migraine Stopper products and services.
1.2 Migraine Stopper respects your right to privacy and is committed to safeguarding the privacy of our customers and Website visitors. We adhere to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth). This policy sets out how we collect and treat your personal information.
2. The meaning of personal information
2.1 ‘Personal information’ means information about an individual whose identity is apparent or can reasonably be ascertained from that information.
3. Types of personal information we collect
3.1 Migraine Stopper will, from time to time, receive and store personal information you submit onto our Website, provided to us directly or given to us in other forms.
3.2 We require personal information such as your name, phone number, address and email address to enable us to send you information, provide you with updates and for us to process your orders for our product and services.
3.3 We may collect additional information at other times, including but not limited to, when you provide feedback, when you provide information about your personal or business affairs, change your content or email preference, respond to surveys and/or promotions, provide financial or credit card information, or communicate with our customer support.
3.4 Additionally, we may also collect other information you provide while interacting with us.
3.6 Your personal information will only be used and stored for the primary purpose for which it was collected and not for any other purpose.
4. How we collect your personal information
4.1 Migraine Stopper collects personal information from you in a variety of ways, including when you interact with us electronically or in person, when you access our Website and when we provide our products and services to you.
4.3 We may, with your consent, collect personal information about you or from your authorised representatives to fill online orders, contact you regarding your order, respond to your queries, for internal record-keeping, for business development and marketing, for data analytics, to manage, research and monitor the way you use our products and services, for communicating with you or for other products and services which we think may be of interest to you or for obtaining your feedback.
5. How we use your personal information
5.1 Migraine Stopper will use personal information collected from you:
(a) to provide you with information, updates and in the administration of our business to supply you with products and services;
(b) to make you aware of new and additional products, services and opportunities available to you;
(c) to improve the supply of our products and services to you;
(d) to contact you by a variety of measures including, but not limited to telephone, email, sms, mail or social media sites.
6. Legal basis for the collection and processing of your Personal Data under the GDPR
6.1 “Personal Data” refers to any information relating to an identifiable natural person who can be identified directly or indirectly (‘Data Subject’).
6.2 The GDPR applies to the data processing activities of businesses with an establishment in the EU or where the processing activities relate to offering goods or services to individuals in the EU or monitoring the behaviour of individuals in the EU.
6.3 If you are an individual residing in the EU, we collect, store and process Personal Data about you in accordance with the GDPR. A “Controller” says how and why personal data is processed and a “Processor” acts on behalf of the Controller by processing the data.
6.4 “Processing” means any operation or set of operations that is performed upon Personal Data or sets of Personal Data whether automated or not including for collection, recording, organisation, structuring, storage, adaption, or alteration, retrieval, consultation, use, disclosure by transmission or for dissemination.
6.5 When you use our Website, we collect Personal Data from you (as a “Controller”) to provide you with our products and services.
6.6 We employ third parties to process your Personal data on our behalf and according to our instructions.
6.7 The legal basis for which we collect Personal Data from you depends on how you use our Website, and whether we enter into a contract with you to provide you with our goods or services (i.e. by purchasing our products). We only collect and use your Personal Data on the following legal bases: under the Terms of our contract to provide you with our goods or services, when you give us your express consent to use and process Personal Data for a specific purpose, for the satisfaction of a legitimate interest or to comply with a legal obligation.
6.8 Unless otherwise required by contractual obligation or any other legal basis, we only store your Personal Data while it remains necessary, or if the purpose of the processing could not reasonably be fulfilled by other means.
6.9 We do not knowingly collect or process Personal Information of persons 16 years or younger. If you are under the age of 16, we request that you obtain and provide parental consent as required by the GDPR.
7. The Personal Data rights of individuals under the GDPR
7.1 If you are an individual residing in the EU, you have certain rights as to how your Personal Data is being used.
7.2 We comply with your rights under the GDPR (subject to the grounds set out in the GDPR) that permit you:
(a) to be informed as to how your Personal Data is being used;
(b) to access your Personal Data and to know specifically what information is held about you and how it is processed, where and for what purpose (we will provide you a copy of your Personal Data in electronic format free of charge if requested);
(c) to rectify your Personal Data if it is inaccurate or incomplete;
(d) to erase your Personal Data (also known as ‘the right to be forgotten’) if you wish to delete or remove your Personal Data;
(e) to restrict processing of your Personal Data;
(f) to retain and reuse your Personal Data for your own purposes (Personal Data portability);
(g) to object to your Personal Data being used; and
(h) to object against automated decision making and profiling.
7.3 You can contact us any time to exercise your rights under the GDPR including as to:
(a) request access to Personal Data that we hold about you;
(b) to correct any Personal Data that we hold about you;
(c) delete Personal Data that we hold about you; or
(d) opt out of emails, marketing, and any other push notifications that you receive from us.
7.4 We may ask you to verify your identity before acting on any of your requests.
If you have any questions about the collection and storage of your Personal Data, please Contact us using the contact details provided below.
8. Disclosure of your personal information
8.1 We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this Policy. Personal information is only supplied to a third party when it is required for the delivery of our products and services.
8.2 We may need to disclose personal information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request.
8.3 If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser under an agreement to maintain confidentiality. We would seek to only disclose information in good faith and where required by any of the above circumstances.
9. International Data Transfers
9.1 We may store, process and transfer your data, including your Personal Information in countries other than the country you live in. Data transfer may occur in and between countries outside of Australia which may include but are not limited to China (Hong Kong). We do this:
(a) to process your order for goods, which will be shipped from our factory in Hong Kong;
(b) where we have made a business decision to store our data with a trusted service provider who is in the business of providing data storage and processing services. Examples are those providers who store and process our email and mobile application data. These services commonly involve diverse geographic locations which change from time to time for reasons which include data protection and processing efficiency;
(c) when our business which collected your Personal Information is in a different country to your location.
9.2 Where we disclose Personal Information to a third party in another country, we put safeguards in place to protect your Personal Information. We observe strict privacy and security standards, both during transit of your data and at the overseas transit destination.
9.3 You may not have the same rights to protect your data in these countries as you do in Australia. Where your data has been transferred to a country abroad, it will be treated in accordance with the purposes described in this Privacy Statement.
9.4 If your Personal Data is transferred from the EEA to a country or international organisation without adequate data protection laws for the purpose fo Article 45 of the GDPR, we will ensure that we have approved transfer mechanisms in place to protect your Personal Data adequately (for example, by entering the European Commission’s Standard Contractual Clauses for data protection for data that is transferred internationally or ensuring the entity is Privacy Shield certified for data transfer to third parties based in the United States).
10. Security of your personal information
10.1 Migraine Stopper is committed to ensuring that the information you provide to us is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.
11.1 When you visit our website
When you visit our website (www.migrainestopper.com.au), we may collect certain information such as your browser type and operating system. This information is used in an aggregated manner to analyse how people use our Website.
11.3 Third party sites
Our Website may from time to time have links to other websites not owned or controlled by us. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that Migraine Stopper is not responsible for the privacy practises of third party websites.
12. Third-Party Analytics Tools and Third-Party Remarketing Tools
12.1 We may use technologies and third-party services for cookies, pixels, tags and web beacons (code snippets) on our Website to customise content and advertising, to provide social media features and to analyse traffic to our Website, including about how users interact with our Website.
12.2 We also share information about your use of our Website with our trusted social media, advertising and analytics partners.
12.3 We use third-party analytics tools to:
(a) analyse usage trends on the Websites including the tracking and reporting of Website traffic, ad conversion tracking, traffic analysis and marketing optimisation;
(b) collect this data in aggregate form so that it cannot identify any individual user.
12.4 Third-party analytics tools collect non-personal information such as how often you visit our Website, the web pages you visit, add-ons, and other analytics data that assists us in improving our products and services. These tools might include but are not limited to Google Analytics, Google AdWords conversion tracking, Google Tag Manager.
12.5 We may use third-party remarketing tools to position targeted ads to visitors that have already visited our Website. We may use our email database to create Custom Audiences on social media and online platforms such as Facebook, LinkedIn, Instagram to promote our campaigns. These third-party remarketing tools might include but are not limited to Adwords Remarketing (Google Inc.), Facebook Custom Audience and Facebook Remarketing.
13. Limitation of Liability
13.1 Your use of our Website is at your own risk.
13.2 We will take all reasonable steps to keep your personal information secure but to the maximum extent permitted by law, we exclude all liability for the consequences of any unauthorised access to your information. This includes (but is not limited to) loss or damage you might suffer because of any of the following:
(a) reliance on the completeness, accuracy, suitability or currency of the Website (including third-party material and advertisements);
(b) failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;
(c) accessing any sites or servers maintained by other organisations through links on the Website or any communication from the Website. Links are provided for the convenience of users of the Website only and without responsibility for the content or operation of those sites (unless otherwise stated, linked sites and the services are not endorsed by us and your linking to any such site is at your own risk); or
(d) the provision of credit card or other financial information, the failure to complete (or delay in completing) any transaction, or other loss or damage arising from any e-commerce transacted or attempted to be transacted on the Website (if any).
14. Change of personal information
14.1 The APPS require us to correct our personal records of personal information if they are inaccurate or out-of-date. Please contact us to correct or update the personal information that you have provided to us.
14.2 We may need to obtain proof of your identity before implementing your request and may refuse to provide you with certain information where permitted or required by law.
15.1 If we use your personal information to market and promote our Products, you may notify us at any time that you do not wish to receive marketing or promotional material by contacting us directly or through the “unsubscribe” mechanism in our marketing or promotional emails.
16. Access to your personal information
16.1 You may request details of personal information that we hold about you in accordance with the provisions of the Privacy Act 1988 (Cth). A small administrative fee may be payable for the provision of information. If you would like a copy of the information which we hold about you or believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please email us at firstname.lastname@example.org.
16.2 We reserve the right to refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act.
17. Complaints about privacy
17.1 If you have any complaints about our privacy practices, please contact us with details of your complaint. We take privacy seriously and will respond shortly after receiving written notice of your complaint.
17.2 We will aim to resolve any complaints within 14 days.
17.3 If you remain dissatisfied, you may refer your complaint in writing to the Office of the Australian Information Commissioner at the following address:
Director of Compliance
Office of the Australian Information Commissioner
Sydney NSW 2001
18. Our Details
18.1 This Website is owned and operated by Migraine Stopper Pty Ltd (ACN 607 217 327).
18.2 Our principal place of business is at Suite 203/83 Mount street. North Sydney, NSW 2060, Australia.
18.3 You can contact us:
(a) by post, using the postal address given above;
(b) by telephone, on the contact number published on our Website from time to time;
(c) by email, using the email address published on our Website from time to time.
© 2018 Migraine Stopper Pty Ltd. All Rights Reserved.