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This Privacy Statement explains how Twinkle Glory Pty Ltd (ACN 636 632 749) collects, controls, processes, and uses information about you (which we call “personal data”).
When we say “Twinkle Glory”, “us”, “our”, or “we”, we mean Twinkle Glory Pty Ltd. Twinkle Glory Pty Ltd is the operator of Twinkle Glory marketplace. It provides platforms where we can list offers for goods.
We collect, process, and use personal information about you as necessary to facilitate the sale of goods. We also comply with this Privacy Statement and the Australian Privacy Principles in relation to handling of personal information about individuals that we collect and controls.
When we talk about the “Site”, we mean our platforms, which include our websites and our mobile applications, our communications that we send and services that we provide, social networking sites, and any other websites we offer that link to or reference this Privacy Statement.
We routinely update this Privacy Statement to clarify our practices and to reflect new or different privacy practices, such as when we add new services, functionality, or features to the Site. If we make any material changes we will notify you, either by email (sent to the email address specified in your account), by means of notice on the Site or by using other methods. You can determine when this version of the Privacy Statement was adopted by us by referring to the “Effective Date” above.
You understand that your continued use of the Site after we send a notice about our changes to the Privacy Statement means that the collection, control, processing, and use of your personal data is subject to the updated Privacy Statement. If you object to any changes, you may modify your account settings or close your account as described below.
Personal Data We Collect
We will collect the following personal data when you interact with the Site:
Authentication and identification information (e.g. your name, email address, and password). This information is necessary to set up and log you into your account, but you do have the option to make purchases without creating a password. If you don’t provide this, we may not be able to provide our full range of account services to you;
Basic personal details (e.g. your name, date of birth, and nationality);
Contact details (e.g. your postal address, telephone number, and email address). We may need some of this information to deliver products to you, such as your postal address to deliver physical products and your email address to send you emails, and won’t be able to carry out these services if you don’t provide it;
Payment details (e.g. your credit card details or payment tokens from third party payment providers like PayPal). We use these to process your order, and won’t be able to take payment from you or give refunds if you don’t provide it; and
Information about your contacts with Twinkle Glory (e.g. call recordings, instant messages on our site, and user generated content).
Some information we collect is necessary for us to provide our services or meet our legal obligations. We will make this clear when we collect that information from you.
We will also automatically collect personal data when you interact with the Site through your computer, mobile device, or other device. This personal data includes the following:
Analytics data (e.g. information about app downloads, app and web page histories), which may include data collected from cookies and other types of device identifiers;
Profile inputs (e.g. page and deal views on the site, purchase details, click information and information about the website you clicked to our Site from). This may include data about your location. With respect to geolocation information collected from your mobile device, we will only collect this where you have provided consent for us to do so; and
Device details (e.g. IMEI, MAC address, IP address, bluetooth data and advertising identifiers).
We also receive personal data and other online and offline information from third parties with whom we conduct business, such as merchants, co-marketers, distributors, resellers, and other companies or organizations with whom we enter into agreements to support our business and operations, including advertising partners and third party data providers that provide us with supplemental or additional information about our customers (collectively “Business Partners”).
The personal data we receive from Business Partners includes basic personal details, contact details, device details, profile inputs, as well as:
Demographic information, (e.g. details about age brackets and educational background);
Location data (e.g. information about postal or ZIP code); and
Purchase information from third party sites (e.g. information about purchases on other sites).
We will only receive data from our Business Partners where they are legally permitted to share such data, and we will only process that data for the purposes described below. We use the data provided to better understand your preferences, deals that are relevant to you, and how our merchants are performing. By combining the data, we collect directly from you with that received from third parties, we are able to provide you with a better, and more personalized, Twinkle Glory experience.
We will collect the personal data described above at various stages in your relationship with us when you:
Register, subscribe, authorise the transfer of, or create an account with us. If you choose not to create a password for your account, we create an account and link your purchase details to your email address, which you can set a password for during each purchase;
Open or respond to emails or messages from us;
Provide information to enrol or participate in programs provided on behalf of, or together with Sellers and Business Partners, with your consent or as necessary to provide services you have requested;
Visit any page online that displays our ads or content;
Purchase products or services on or through the Site from Sellers;
Connect, log-in, or link to the Site using social networking tools; and
Post comments to the online communities sections of the Site.
We also create profiles about you based on the personal data you provide to us or that is collected about you, as described above and including personal data that we receive from Business Partners. We do this to market offers to you we think you would be interested in buying. The contents of that profile include:
Account details. For example, we create a permanent URL to your account page which may include your name. We also generate tokens to remember your subscription and purchase histories, and any loyalty numbers you may have obtained;
Marketing segment information. For example, if you purchase products or services related to wellness and beauty, we may infer that you are interested in these types of products;
Audience information. We create audiences based on parameters such as gender, age, and location (e.g. males aged 25-35 in your city), and if your personal data matches those audiences, you’ll be assigned to it. This is to help you receive relevant offers; and
Activity information. Based on your interactions with communications, we’ll generate personal data about how many communications you like to receive, so that we don’t send you more than are useful to you.
You can manage the types of personal data you provide to us and can limit how we communicate with you. At the same time, we think that the more you tell us about yourself and what you like, the more relevant and valuable your experience with our Site and services will be.
You can manage your email, push notification, location information and subscription notification preferences by logging into your account through the Site or by adjusting the settings in our mobile application:
Push notifications and location information. Your device provides you with options to control push notifications and how and when we collect your geolocation. You can disallow our use of certain location data through your device or browser settings, for example, by disabling “Location” services in Apple’s iOS and Android privacy settings, or by disabling “Location” services for your device;
Subscriptions. You can also manage your subscriptions by following subscription management instructions contained in any commercial emails that we send you. You may choose to subscribe to some types of messages, and may choose not to subscribe to, or to unsubscribe from, others. You may update your subscription preferences at any time. Even if you decide not to subscribe to, or to unsubscribe, from promotional email messages, we may still need to contact you with important transactional information related to your account and your purchases from Sellers. For example, even if you have unsubscribed from our promotional email messages or push notifications, we will still send you confirmations when you make purchases on the Site;
How We Use Information
We control and process the personal data you provide to us, which we collect from other sources, and which we generate, to:
Operate, maintain, and improve the Site by analyzing how you and our other customers use and interact with it. This is to meet our legitimate business interests in providing the Site and ensuring that it provides the best experience for our customers;
Carry-out marketing, which may involve:
Establishing and analyzing individual and group profiles and customer behavior, in order to determine your or others interest in certain types of offers, products, and services. We do this by analyzing your interactions with the Site and your other personal data (including personal data received from Business Partners) to determine what your interests are, and what sorts of products and services people with similar interests also buy, which helps us understand what products and services you may be interested in viewing. This is to meet our legitimate interests in understanding the types of products and services our customers are interested in, and to provide the most relevant products to you and our other customers;
Showing relevant offers and advertising. We will use the profiles described above to create advertising for our products that will be displayed on relevant third-party sites. We do this to meet our legitimate interests in showing you products which may be relevant to you;
Sending you relevant direct marketing messages and other communications via email or push notifications on mobile devices, including, with your consent, using your location data to notify you of tailored location-based deals. We will either send these messages on the basis that you have consented to receiving them or, where permitted by applicable law, to meet our legitimate interests in showing you which of our products and services are relevant to you; and
Analysing advertising effectiveness, which may involve analyzing the advertising campaigns our customers choose to interact with most often. This is to meet our legitimate interests in understanding which types of advertising campaigns are more or less effective than others.
Send you reminders, technical notices, updates, security alerts, support and administrative messages, service bulletins, and requested information, including on behalf of Business Partners, Australian Affiliate, or other Sellers. This is to meet our legitimate interests in managing our relationship with you effectively;
Administer rewards, surveys, sweepstakes, contests, or other promotional activities or events, in order to meet our contractual commitments to you set out in the terms and conditions of those promotional events;
Comply with our legal obligations, resolve disputes, and enforce our agreements. We do this where necessary to comply with legal obligations to which we are subject, or to meet our legitimate interests in enforcing our legal rights and resolving disputes or verifying payments and preventing fraud.
When and Why We Disclose Personal Data
We share your personal data as follows:
with your consent;
with us within and outside of the country in which you live, including, without limitation, Twinkle Glory Pty Ltd which has its registered offices at 375 Victoria Street, WETHERILL PARK, NSW 2164, which will process your personal data only in accordance with our instructions and for the purposes set out in this Privacy Statement;
with unaffiliated third-party Sellers and Business Partners, so they can sell, deliver, and provide the products or services purchased to you (e.g. to deliver products to you. We share personal data with unaffiliated third-party Sellers and Business Partners in order to meet our contractual obligations to you, and they are not permitted to use your personal data in any way other than for selling, delivering, and/or providing the products or services purchased by you;
to report or collect on debts owed to Sellers or other Business Partners;
as necessary to perform contractual obligations towards you with Sellers or Business Partners to the extent you have purchased the goods offered by them or participated in an offer, rewards, contest or other activity or program sponsored or offered through us or the Sellers on behalf of a Business Partner;
to a subsequent owner, co-owner, or operator of one or more of the Sites or any portion or operation related to part of one or more of the Sites;
in connection with a corporate merger, consolidation, or restructuring, the sale of substantially all of our stock and/or assets, or other corporate change, including, without limitation, during the course of any due diligence process;
to comply with legal orders and government requests, or as needed to support auditing, compliance, and corporate governance functions, where this is necessary to comply with these legal obligations;
to combat fraud or criminal activity, and to protect our rights or those of our affiliates, including our Australian Affiliate, Sellers, or Business Partners, and users, or as part of legal proceedings affecting us and/or our affiliates, as it is in our legitimate interests to prevent fraud and protect these rights; or
in response to a subpoena, or other legal process compelling our assistance, including to law enforcement agencies, regulators, and courts, to the extent this is necessary to comply with such legal obligations.
We encourage our unaffiliated third-party Sellers and Business Partners to adopt and post privacy policies. However, while we share personal data with Sellers and Business Partners only for the above-mentioned purposes, their subsequent processing and use of personal data obtained through us and our affiliates is governed by their own privacy policies and practices and is not under our control (except for the use and processing by Sellers and Business Partners providing services to us, as described above). Where possible, we contractually restrict how our Sellers and Business Partners, including merchants, use your personal data and aim to ensure they do not use it for any purposes which are incompatible with those set out in this privacy statement.
In a number of the cases set out above, we will transfer your personal data to a country located outside the region in which you live. In such cases, we put in place appropriate safeguards, including contractual commitments, on recipients of the data, to ensure that there is adequate protection for your personal data. For more information about the safeguards in place and to view a copy of such safeguards, please contact us using the details below.
Security of Personal Data
We have implemented an information security program that contains administrative, technical and physical controls that are designed to safeguard your personal data, including industry-standard encryption technology. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security.
Retention of Personal Data
We will retain your personal data for as long as your account is active or as needed to provide you services. If you close your account, we will retain your personal data for a period where it is necessary to continue operating our business effectively, to maintain a record of your transactions for financial reporting purposes or fraud prevention purposes until these purposes no longer exist, and to retain as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Social Community Areas
Connecting through Social Networks
We offer social networking users the opportunity to interact with friends and to share on social networks. If you are logged into both the Site and a social network, when you use the Site’s social networking connection functions, you will connect your social network account with your Twinkle Glory account (this happens automatically, if the email addresses match). If the email addresses do not match, we ask you if you want to link them and you must validate that you control the accounts by logging in to your social network account. If you are already logged into the Site but not into your social network site, when you use the Site’s social network connection functions, you will be prompted to enter your social network website credentials or to sign up for the social network.
If you are not currently registered as a Twinkle Glory user and you use the Site’s social network connection functions, you will first be asked to enter your social network credentials and then be given the option to register and join Twinkle Glory. Once you register with us and connect with the social network, you will be able to automatically post recent Twinkle Glory activity back to your social network. Please refer to the privacy settings in your social network account to manage the data that is shared through your account.
Privacy Practices of Third Parties
This Privacy Statement in relation to our Site addresses the collection, processing and use (including disclosure) of personal data only by us through your interactions with our Site. Other websites that may be accessible through links from the Site may have their own privacy statements and personal data collection, processing, use, and disclosure practices. Our Business Partners may also have their own privacy statements. We encourage you to familiarise yourself with the privacy statements provided by these other parties prior to providing them with information or taking advantage of a sponsored offer or promotion.
If you have any questions or comments about our privacy practices or this Privacy Statement, or if you want to make use of any of the above rights, or other rights that you may have in relation to your personal data, you can contact us throughs the website or send email to email@example.com.
We are committed to working with you to obtain a fair resolution of any request, complaint, or concern about our use of your personal data. If, however, you believe that we have not been able to assist you, you can submit a complaint to or contact the Office of the Australian Information Commissioner (OAIC) through their website,Continue reading
1. CONTRACT AND INFORMATION ON THE ORDERING PROCESS
1.1 The parties to this contract:These Terms of Sale ("Terms of Sale") are an agreement between you, the customer (referred to herein as "you" or "your") and Twinkle Glory Pty Ltd (referred to herein as "Twinkle Glory", "we", "us" or "our"). We are a company registered in Australia (ACN 636 632 749) with our registered office at 375 Victoria Street, WETHERILL PARK, NSW 2164.
1.3 These Terms of Sale apply: By placing an order with Twinkle Glory you agree to be bound by these Terms of Sale
1.4 Your offer: Your click of the “Buy Now”button is an offer to buy the products sold by Twinkle Glory (the “Goods”). Your offer is not accepted, and our contract with you is not complete, until we email you confirming your order. Please note that we reserve the right to reject your offer and not conclude a contract with you, in particular, in case of limited availability of the Goods.
1.5 A copy of these Terms of Sale: We keep a copy of the contract between us (these Terms of Sale) –and we advise you to print out these Terms of Sale as a record.
Your legal rights: As a consumer, nothing in these Terms of Sale affects your legal rights relate to faulty or misdescribed goods or your ability to cancel the contract.
1.6 Updates to these Terms of Sale: We reserve the right to amend these Terms of Sale at any time (which we will post online). Any amendments to these Terms of Sale made after you have submitted your order will not apply to you in respect of that order.
2. PRICING AND PURCHASE
2.1 Pricing and whom you pay: The Goods are sold by Twinkle Glory. Twinkle Glory will take and process your payment for your order. All prices on the website for Goods are inclusive of legally applicable GST. Prices are set out to you prior to your purchase and at order confirmation. Our prices may change at any time, but changes will not affect your order, other than in circumstances described in Clauses 2.4 and 2.5 below.
2.2 Delivery charges: The prices for the Goods may or may not include delivery charges. Any such charges will be stated in the “Fine Print”section of the deal. If delivery charges are not included, such costs will be displayed separately and added to the total amount due before you complete your order.
2.3 Placing your order: After you place an order by clicking the “Buy Now”button and agreeing to these Terms of Sale, you will receive an email confirming receipt of your order and the details of your order. You will receive another email confirming dispatch of the Goods.
2.4 Errors and omissions: Occasionally there may be an error or omission related to the pricing or description of the Goods we sell. We will use reasonable endeavours to correct any errors or omissions as soon as practicable after being notified or learning of them. We reserve the right to change, modify, substitute, suspend, or remove without notice any information related to Goods for sale (including the Goods themselves).
2.5 Post-purchase errors and omissions: Where we have made an error or omission and you have already purchased the Goods:
2.5.1 If the actual price of the Goods is less than the stated price at the time you purchased the Goods, we will charge you the lower price; or
2.5.2 If the price of the Goods is higher than the stated price, we will contact you and allow you the option to pay the correct (higher) price or cancel your order and receive a full refund.
3. CHANGES TO ORDER
3.1 Changing your order: Once you have placed your order, we are unable to make any changes to your order, including the quantity of Goods ordered or the delivery address. This Clause does not impact any rights to return you may have for the particular purchase.
4. DELIVERY OF GOODS
4.1 Shipping: Twinkle Glory Goods shipping options and fees will be set forth in the Fine Print and will vary by offer. Your purchase is not eligible for shipment outside Australia.
4.2 Delivery estimates: Delivery estimates are provided in the fine print of the offer. We take reasonable steps to meet the date given for delivery. Please note that unless otherwise stated, delivery estimates are only estimates; they are not guaranteed delivery times and should not be relied upon as such.
5. OUR CANCELLATION RIGHTS
5.1 We may cancel: We may have to cancel an order before the Goods are delivered due to an event outside our reasonable control, including due to equipment breakdown or transportation difficulties. We will promptly contact you if this happens.
6. YOUR RIGHT OF CANCELLATION
6.1 Your cancellation rights: Unless otherwise stated in the fine print, all purchases are final. We do not refund for change of mind.
7. RETURNS AND REFUNDS
Our goods come with guarantees that cannot be excluded under the Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
8. GOODS INFORMATION
8.1 We aren’t the manufacturer: We are not the manufacturer of the Goods sold on the website. While we work to ensure that the Goods match the description on the website, are of satisfactory quality and are fit for use, the Goods sold on the website may vary slightly from such product information. We encourage you to read all information presented on labels, warnings and directions which accompany the Goods before use.
8.2 Accuracy of descriptions: We have taken reasonable steps to display as accurately as possible the colours and other detailing of the Goods. However, the actual colours and detailing you see on the website will depend on the equipment you use to view the Goods. We cannot guarantee that the display of any colour or other detailing on your television, mobile device, computer monitor or other device will exactly reflect the colour or detailing of the Goods upon delivery.
8.3 Healthcare Goods and safety: For healthcare Goods, in the event of any safety concerns or for any other information about a product, we recommend you carefully read the information provided with the product or contact the manufacturer. Content on the website is not intended to substitute for advice given by a medical practitioner, pharmacist or other licensed healthcare professional. Customers should contact their healthcare provider immediately if they suspect that they have a medical problem. Information and statements about Goods are not intended to be used to diagnose, treat, cure or prevent any disease or health condition. We accept no liability for inaccuracies or misstatements about Goods by manufacturers or other third parties.
9.1 The standards we operate under: Twinkle Glory always tries its best at what it does and promises that:
9.1.1 we will exercise reasonable care and skill in performing any obligation under these Terms of Sale;
9.1.2 we have the right to sell Goods;
9.1.3 we only sell the Goods for domestic and private use;
9.1.4 Goods are of satisfactory quality and fit for their purpose, and
9.1.5 we will not contravene the requirements of professional diligence in what we do.
9.2 This Clause 9 takes precedence over all other Clauses (except for Clause 1.6) and sets forth our entire Liability.
9.3 What we are responsible for:Nothing in these Terms of Sale shall exclude or limit our Liability for any Liability for (i) fraud; (ii) serious misconduct by Twinkle Glory, excluding serious misconduct not conducted by Twinkle Glory itself; or (v) any Liability which cannot be excluded or limited by applicable law. You are obliged to take adequate measures to avert and reduce damages.
9.4 Categories of loss that we are not responsible for: Notwithstanding Clause 9.3, since we only sell Goods for domestic and private use, we are shall not be liable for:
9.4.1 loss of revenue;
9.4.2 loss of actual or anticipated profits;
9.4.3 loss of business; and
9.4.4 indirect or consequential loss (and for the avoidance of doubt, we understand the words “consequential loss”to mean “consequential losses whether those losses are foreseeable, known, foreseen or otherwise”).
9.5 “Liability”means liability in or for any cause of action whatsoever (including breach of contract, tort, misrepresentation, restitution or any other cause of action whatsoever) relating to or arising under or in connection with these Terms of Sale (including liability expressly provided for under these Terms of Sale or arising by reason of the invalidity or unenforceability of any term of these Terms of Sale).
10.1 Interpretation: In these Terms of Sale:
10.1.1 words denoting persons include natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons;
10.1.2 Clause headings such as ("10. GENERAL" at the start of this Clause) and Clause titles (such as "Interpretation:" at the start of this Clause 10.1.2) are purely for ease of reference and do not form part of or affect the interpretation of these Terms of Sale; and
10.1.3 references to "include" and "including" shall be deemed to mean respectively "include(s) without limitation" and "including without limitation".
10.2 No partnership/agency: Nothing in these Terms of Sale shall be construed to create a joint venture, partnership or agency relationship between you and us and neither party shall have the right or authority to incur any liability debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.
10.3 Assignment: You may not assign or delegate or otherwise transfer all or any of your rights or obligations under these Terms of Sale without our prior written approval. We will not refuse this approval without good reason. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under these Terms of Sale to any person.
10.4 Events beyond our reasonable control: We shall not be liable for any breach of our obligations under this Agreement where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control. Where there has been an event outside our reasonable control which has affected our ability to perform our obligations under these Terms of Sale, our obligations will be extended for the duration of the event and we will notify you of this as soon as reasonably possible. Once the event is completed we will arrange with you a new delivery date for your Goods, if possible.
10.5 Our reliance: We intend to rely upon only the written terms set out in these Terms of Sale in respect of the Sale of Goods to you and not any representations made elsewhere.
10.6 No waiver: No waiver by us of any breach of yours under these Terms of Sale shall operate or be construed as a waiver by us of any future breaches, whether of a like or different character. No delay by us in taking action in the event of your breach shall in any way release, discharge or otherwise affect your liability under these Terms of Sale.
10.7 Notices: Unless otherwise stated within these Terms of Sale, notices to be given to either party shall be in writing and shall be delivered by hand, electronic mail (other than, if you are sending a notice to us for the purpose of legal process) or by pre-paid post, to you at the address you supplied to us or to us at our registered office.
10.8 No Third party rights: All provisions of these Terms of Sale apply equally to and are for the benefit of Twinkle Glory, its subsidiaries, any holding companies of Twinkle Glory, its (or their) affiliates and its (or their) third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that these Terms of Sale may be varied or rescinded without the consent of those parties). Subject to the previous sentence, no term of these Terms of Sale is otherwise enforceable by any person who is not a party to it.
10.9 Survival: In any event, the provisions of Clauses 1, 2, 6, 6, 8, 9, 10 and 11 of these Terms of Sale, together with those provisions that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such termination, shall survive termination of the Agreement.
10.10 Severability: If any provision of these Terms of Sale is held to be unlawful, invalid or unenforceable, that provision shall be removed from the Terms of Sale without affecting the rest of the Terms of Sale. Where capable, the validity and enforceability of the remaining provisions of these Terms of Sale shall not be affected.
10.11 Governing law and dispute resolution:We will do our best to resolve any disputes about these Terms of Sale. If you wish to bring a legal claim against us, these Terms of Sale (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with New South Wales law and both parties hereby submit to the exclusive jurisdiction of the competent courts of New South Wales.
These Terms of Sale were last updated on 17 April 2020.Continue reading