Urban Chocolatier is committed to providing you with the best possible products and customer service. When entering and using our website, www.urbanchocolatier.com.au and/or by placing orders with us, you agree to the following:

(1) Collection, Use and Storage of Personal Information.

(a) Urban Chocolatier is committed to protecting your privacy at all times and is bound by the Privacy Act 1998 (Cth). Our Confidentiality and Privacy Policy [“Policy”] sets out the way we will implement our obligations to manage your Personal Information and relates to Personal Information collected by Urban Chocolatier about you, our customer, by any means and by any technology whatsoever.

(b) Urban Chocolatier collects Personal Information about you for identification and verification, ordering, billing, and for Urban Chocolatier exclusive offers, competitions and marketing promotions.

(c) Any Personal Information we collect from and hold about you [whether by electronic means or otherwise] will be treated as confidential and used in accordance with this Policy. By providing us with the requested information you agree that collection of such information is reasonably necessary for us to collect such information. Your Personal Information may be stored in hard copy documents, or electronically on Urban Chocolatier software or systems, or via cookies and log files. Urban Chocolatier is committed to keeping your personal information secure, and we will take all reasonable precautions to protect your personal information from unauthorised access, loss, misuse or alteration.

(d) We collect your Personal Information when you complete a “Contact Us” form or enter a competition on our website www.urbanchocolatier.com.au, or when you place an order. We store information that is collected in our customer database and via cookies and log files.

(e) You are not obligated to provide any Personal Information to us; however, failure to provide Personal Information to us may result in us being unable to fulfill an order or request for assistance and service. If you do not want us to collect non-personal information, you should not enter our website and should delete your cache and browser records on exit.

(f) We may collect your non-personal information [optional inclusion: such as browser type, version and language, operating systems, page access times and referring website addresses] for tracking information, statistics, and marketing research purposes. This information is used solely internally to allow us to review activity and improve our services.

(g) Except as provided for in this Policy, we will never sell, barter, share, or rent your Personal Information to any third party without your express written consent. We may provide your information to our third parties [who may be situated outside Australia] only in accordance with clause 2 (b) of this Policy.

(2) Use of Confidential Information.

(a) Urban Chocolatier may occasionally hire other companies or contractors to provide services on our behalf. Those companies and contractors will be permitted to obtain only the personal information they need to deliver the service. Urban Chocolatier takes reasonable steps to ensure that these companies and contractors are bound by confidentiality and privacy obligations in relation to the protection of your Personal Information.

(b) Urban Chocolatier may also use or share your Personal Information in the following instances:

(i) Among Urban Chocolatier associated companies or subsidiaries

(ii) To investigate and prevent any fraudulent activity that may be unlawful or potentially harmful to the integrity of Urban Chocolatier, and

(iii) To improve Urban Chocolatier ‘ services, products and enhance Urban Chocolatier ‘ customers’ overall experience; and

(iv) Where Urban Chocolatier goes through a business transition, such as a merger, being acquired by another company, or selling a portion of its assets, your Personal Information will, in most instances, be part of the assets transferred; and

(v) Where Urban Chocolatier or its legal representatives consider disclosure is required to enforce a contract you entered.

(vi) Where Urban Chocolatier or its legal representatives consider disclosure is required or authorised by or under law or is necessary to comply with a current judicial proceeding, a court order or legal process served on Urban Chocolatier, its associates or subsidiaries.

(3) Encryption, Cookies and Log Files. 

(a) Encryption – Secure Sockets Layer (SSL Technology) Urban Chocolatier uses Secure Sockets Layer (SSL) technology to protect your Personal Information. SSL technology enables encryption (scrambling) of sensitive information, including passwords and credit card numbers, during your online transactions.

(b) While SSL encryption is used to protect sensitive information online, we also do everything in our power to protect your information offline. Only Urban Chocolatier employees or agents who need the information to perform a specific job are granted access to your Personal Information. All Urban Chocolatier employees and agents are kept up-to-date on our security and privacy practices.

(c) Cookies – Urban Chocolatier uses both session ID cookies and persistent cookies. For the session ID cookie, once you close the browser, the cookie terminates. A persistent cookie is a small text file stored on your hard drive for an extended period of time. Persistent cookies can be removed by following Internet browser help file directions.

(d) Log Files – Like most standard website servers Urban Chocolatier uses log files. This includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the site, and gather broad demographic information for aggregate use. IP addresses, etc. are not linked to Personal Information.

(4) Access to Personal Information, Complaints, and Policy Changes.

(a) You have the right to request to see and obtain copies of your Personal Information, provided that you give us reasonable notice of such request and the access does not have an unreasonable impact upon the privacy of other individuals or non-disclosure is otherwise permitted or required by law. You may be required to prove your identity prior to Urban Chocolatier releasing the requested information.

(b) Subject to clause 4 (a), Urban Chocolatier will give you access to your Personal within a reasonable time after your request and in the manner requested by you, provided that it is reasonable and practicable to do so.

(c) We will destroy Personal Information held by us upon request or otherwise at the time it is no longer needed by Urban Chocolatier for the disclosed purposes or is otherwise required or permitted to be retained by law.

(d) You may request a copy of our Privacy Policy and call us to discuss what kind of Personal Information we hold about you, for what purpose, how we collect, hold, use and disclose your Personal Information. Our Privacy Policy is downloadable free of charge from our website www.urbanchocolatier.com.au or you may contact Urban Chocolatier and request us to email or post you a copy.

(e) You may contact Urban Chocolatier using our contact details specified in clause 6 if you have any complaints about how we have collected, handled or used your Personal Information. If we are unable to resolve your compliant, you may contact the Office of the Australian Information Commissioner, details of which can be found at www.oaic.gov.au.

(f) Urban Chocolatier reserves the right to make amendments to this Privacy Policy at any time and without prior Notice.

(5) Copyright and Intellectual Property.

(a) Except as otherwise expressly provided for, Urban Chocolatier reserves all intellectual property rights to materials and images contained on this website and expressly prohibits use of such material without its express written consent.

(b) Urban Chocolatier shall be entitled to the full and unlimited use of any or all names, photographs, likenesses, images, voice recordings, video recordings, or printed statements from any individual customer or group of customers during their association with Urban Chocolatier. Additionally, any images, reproductions or photographs of houses, automobiles, gatherings or events shall also be obtainable and optioned for use by Urban Chocolatier at their sole discretion. No remuneration, payment or permission shall be required of Urban Chocolatier or from the customers to use such images, recordings, photos or statements.

(6) Contact Information.

(7) Jurisdiction.

(a) In the event any of these provisions are inconsistent or incompatible with the Privacy Act 1988 (cth) or any other applicable law, the inconsistent or incompatible provision invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply.

(b) This Policy is governed by the laws of Queensland, Australia and the exclusive jurisdiction of the Courts of the same State.