Last updated: August 2018
E-Smart Solar (“E-Smart Solar”, “us”, “we”, or “our”) operates the website www.esmartsolar.com.au.
This page informs you of our policies regarding the collection, use and disclosure of Personal Information when you use our Service.
We will not use or share your information with anyone except as described in this Privacy Policy.
We use your Personal Information for providing and improving the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, accessible at www.esmartsolar.com.au. If you need to get into contact with us, admin@esmartsolar.com.au
Information Collection and Use
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally, identifiable information may include, but is not limited to, your email address, name, phone number, postal address and date of birth (“Personal Information”).
The purpose for which we collect personal information is to provide you with the best service experience possible on the Service and for our internal business purposes that form part of normal business practices. Some provision of personal information is optional. However, if you do not provide us with certain types of personal information, you may be unable to enjoy the full functionality of the Service.
Your personal information may be used for the purposes of sending newsletters or communications due to the subject matter of the website.
Log Data
We may also collect information that your browser sends whenever you visit our Service (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages and other statistics.
In addition, we may use third-party services, that collect, monitor and analyse this type of information in order to increase our Service’s functionality.
These third-parties may use cookies to help us analyse how our users are using the Service and they have their own Privacy Policies addressing how they use such information.
We use the following third-party service providers for remarketing:
Facebook: Opt-out of Facebook remarketing here
Google: Opt-out of Google remarketing here
Twitter: Privacy Policy here
LinkedIn: Manage Advertising Preferences
Legal Basis for Processing Personal Data Under General Data Protection Regulation (GDPR)
If you are from the European Economic Area (EEA), E-Smart Solar legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Data we collect and the specific context in which we collect it.
E-Smart Solar may process your Personal Data because:
- We need to perform a contract with you
- You have given us permission to do so
- The processing is in our legitimate interests and it’s not overridden by your rights
- To comply with the law
Service Providers
We may employ third-party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Service-related services or to assist us in analysing how our Service is used.
These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
Communications
We may use your Personal Information to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
Compliance with Laws
We may disclose personal information in special situations where we have reason to believe that doing so is necessary to identify, contact or bring legal action against anyone damaging, injuring or interfering (intentionally or unintentionally) with our rights or property, users or anyone else who could be harmed by such activities. We will disclose your Personal Information where required to do so by law or subpoena or if we believe that such action is necessary to comply with the law and the reasonable requests of law enforcement or to protect the security or integrity of our Service.
Security
The security of your Personal Information is important to us but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.
International Transfer
Your information, including Personal Information, may be transferred to and maintained on computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.
If you are located outside Australia and choose to provide information to us, please note that we transfer the information, including Personal Information, to Australia and process it there.
There may be an instance where work may be done overseas. In such circumstance, we shall expressly inform you and that your consent may be collected voluntarily. We note that there are exceptions under Australian Privacy Principles (APPs) where your consent is unnecessary.
Your consent to this Privacy Policy followed by your submission of such information represents your agreement that your Personal Information will be used or disclosed for the purpose for which it was collected.
Your Data Protection Rights Under General Data Protection Regulation (GDPR)
If you are a resident of the European Economic Area (EEA), you have certain data protection rights. E-Smart Solar aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.
If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.
In certain circumstances, you have the following data protection rights:
The right to access, update or to delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.
The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
The right to object. You have the right to object to our processing of your Personal Data.
The right of restriction. You have the right to request that we restrict the processing of your personal information.
The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
The right to withdraw consent. You also have the right to withdraw your consent at any time where E-Smart Solar relied on your consent to process your personal information.
Please note that we may ask you to verify your identity before responding to such requests.
You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).
Access and Correction
Australian Privacy Principle 1 of the Privacy Act 1988 (Cth) allows you to get access to, and correct, the personal information we hold about you in certain circumstances. If you would like to obtain such access, please contact us on the email address set out above.
Please note that the access and correction requirements under this Privacy Policy operates alongside and do not replace other informal or legal procedures by which an individual can be provided access to, or correction of, their personal information, including the requirements under the Freedom of Information Act 1982 (Cth).
Complaints
Australian Privacy Principle 1 of the Privacy Act 1988 (Cth) allows you to make a complaint about any alleged breaches of privacy. In order to lodge a complaint with us, please contact us using the email address above with the following information:
Your name and address;
Details of the alleged breach of privacy; and
URL link to the alleged breach of privacy (if applicable).
Please allow us 30 days to investigate your complaint, after which we will contact you immediately to resolve the issue.
Retention of Information
We retain information for as long as required, allowed or we believe it useful, but do not undertake retention obligations. We may dispose of information in our discretion without notice, subject to applicable law that specifically requires the handling or retention of information. You must keep your own, separate back-up records.
Links to Other Sites
Our Service may contain links to other sites that are not operated by us. If you click on a third-party link, you will be directed to that third-party’s site. We strongly advise you to review the Privacy Policy of every site you visit.
We have no control over, and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.
Children’s Privacy
Our Service does not address anyone under the age of 18 (“Children”).
We do not knowingly collect personally identifiable information from children under 18. If you are a parent or guardian and you are aware that your Children have provided us with Personal Information, please contact us. If we become aware that we have collected Personal Information from children under 18 without verification of parental consent, we take steps to remove that information from our servers or replace it with the Personal Information of the Children’s parent or guardian.
Changes to This Privacy Policy
We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.
You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
If we make any material changes to this Privacy Policy, we will notify you either through the email address you have provided us, or by placing a prominent notice on our website.
Consent
You warrant that you are able to give consents under Australian Law or, in the event that you do not have the capacity to give consent, you warrant that your guardian or attorney is able to give any consent required under this Privacy Policy on your behalf.
You hereby expressly and voluntarily grant your informed consent to us to deal with your personal information in accordance with the terms and conditions of this Privacy Policy. Should you retract your consent, please contact us. If you retract your consent, you acknowledge and agree that failure to provide certain types of personal information may not give you access to the full functionality of the Service.
Contact Us
If you have any questions about this Privacy Policy, please contact us on the email address provided at the beginning of this document.
In these terms and conditions, “we” “us” and “our” refers to E-Smart Solar Pty Ltd. Your access to and use of all information on this website including purchase of our product/s is provided subject to the following terms and conditions. The information is intended for residents of Australia only.
We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.
Our Website Services
1. We will provide a quotation once we have discussed the product/s that you would like to purchase. All prices are in Australian Dollars (AUD) and are exclusive of GST.
Product Descriptions
2. We strive to ensure that our products are described as accurately as possible on our website, however we do not warrant that the description is accurate. Where we become aware of any misdescription, we reserve the right to correct any error or omission.
3. Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.
Product Orders
4. Our products are for sale to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
5. We supply and despatch our products to customers within Australia only.
6. We endeavour to ensure that our product list is current however we give no undertaking as to the availability of any product advertised on our website.
7. We will provide a quotation once we have discussed the product/s that you would like to purchase. All prices are in Australian Dollars (AUD) and are exclusive of GST.
8. Packaging and postage is an additional charge, calculated at time of purchase.
9. Delivery of your ordered product/s will be as set out on our website. Title in the goods passes to you when we have received payment. Our terms of payment are set out on the order page.
10. All risk of loss or damage to the goods passes to you after we install the goods.
Order Cancellation Due to Error
11. Where a product has been listed with incorrect descriptive information or image due to typographical error or similar oversight, we reserve the right to cancel a transaction. Where your credit card has been charged, we will immediately refund your credit card for the total amount debited.
Site Access
12. When you visit our website, we give you a limited licence to access and use our information for personal use.
13. You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
14. Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
15. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
Hyperlinks
16. This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
17. Linking our website is not permitted. We reserve the right to serve you with notice if we become aware of such linking.
Intellectual Property Rights
18. The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
19. All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
Disclaimers
20. Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
21. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
22. We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
Indemnity
23. By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.
Force Majeure
24. If a Force Majeure event causing delay continues for more than 14 days, we may terminate this Agreement by giving at least 7 days’ Notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.
Jurisdiction
25. These terms and conditions are to be governed by and construed in accordance with the laws of New South Wales and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in New South Wales and you agree to submit to the jurisdiction of those Courts.
26. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary, the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
Privacy
27. We undertake to take all due care with any information which you may provide to us when accessing our website. However, we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
Legal Basis for Processing Personal Data Under General Data Protection Regulation (GDPR)
28. If you are from the European Economic Area (EEA), E-Smart Solar Pty Ltd legal basis for collecting and using the personal information described in this agreement depends on the Personal Data we collect and the specific context in which we collect it.
E-Smart Solar Pty Ltd may process your Personal Data because:
(a) We need to perform a contract with you
(b) You have given E-Smart Solar Pty Ltd permission to do so
(c) The processing is in our legitimate interests and it’s not overridden by your rights
(d) To comply with the law
Your Data Protection Rights Under General Data Protection Regulation (GDPR)
29. If you are a resident of the European Economic Area (EEA), you have certain data protection rights. E-Smart Solar Pty Ltd aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.
30. If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.
31. In certain circumstances, you have the following data protection rights:
(a) The right to access, update or to delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.
(b) The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
(c) The right to object. You have the right to object to our processing of your Personal Data.
(d) The right of restriction. You have the right to request that we restrict the processing of your personal information.
(e) The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
(f) The right to withdraw consent. You also have the right to withdraw your consent at any time where E-Smart Solar Pty Ltd relied on your consent to process your personal information.
Please note that we may ask you to verify your identity before responding to such requests.
32. You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).
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