1. Privacy Statement
Kicktone Pty Ltd ("Kicktone") respects your privacy and is committed to protecting your personal
information. It also sets out your rights in relation to accessing the personal information we collect and hold about
you. We are bound by the Australian Privacy Principles (or APPs) in the Privacy Act 1988 (Cth).
Personal information is defined in the Privacy Act 1988 (Cth) and means information or an opinion about
an identified individual, or an individual who is reasonably identifiable.
Our Website may contain links to third party websites. We are not responsible for the privacy policies of
2. Collection of Personal Information
Kicktone collects personal information for the purposes of conducting our business as an online service
provider. The personal information we collect from you will include information you give us when you:
- (a) register or subscribe to our Website;
- (b) complete a transaction with us; or
- (c) contact us.
The personal information that we collect on individuals may include, but is not limited to:
- (a) your name;
- (b) your contact details including your email, home address and billing address;
- (c) your payment details; and
- (d) other personal information that we collect in the course of a transaction or that you provide to us when you contact us.
We may collect personal information from individuals who are not customers of our business but whose
personal information is given to us by those individuals via our Website or in the course of a transaction.
Where reasonably practicable, we attempt to collect information directly from individuals. When we collect
information, we will generally explain to the individual why we are collecting it, who we give it to and how we will use
or disclose it or, alternatively, those matters will be obvious from the circumstances.
If we collect information about an individual from someone else, we will take reasonable steps to ensure
that the individual is made aware of the matters listed in clause 2.4.
We will collect personal information from you by lawful and fair means and not in an unreasonably
the services we provide to you. By using the website and agreeing to this policy, you grant us permission to place and
store cookies on your browser. Cookies may be used by us to collect the following information:
- (a) your computer's operating system;
- (b) your computer's browser type and capabilities;
- (c) your computer's Internet Protocol (IP) address and geolocation;
- (d) web pages visited, including how you were referred to each web page; and
- (e) web page usage statistics, including the time spent on each web page.
In addition, third parties may place and read cookies on your browser, or use web beacons or similar technologies to
collect similar information.
Cookies can be managed by accessing the individual settings in your browser.
We will not identify users or their browsing activities, except where required by law or in accordance
with our Terms and Conditions.
3. Using and Disclosing Your Personal Information
We will generally use or disclose your personal information only for the primary purpose for which it was
collected; or for a related secondary purpose where you would reasonably expect us to use or disclose the personal
information for that secondary purpose. We may otherwise use and disclose your personal information if you have given
us consent for the use or disclosure or it is required or authorised by law.
Generally, we use and disclose your personal information for the purpose of providing you with the goods
or services that you have requested, or otherwise to enable us to carry out our business as an online retailer of goods
If those purposes for which we have collected the information involve providing personal information about
an individual to any third party, we will take appropriate and reasonable steps to ensure any personal information is
We will generally only use personal information for marketing if you have given express or implied consent
or it is impracticable to seek consent before this use.
When registering with Kicktone, you consent to Kicktone using your personal information, such as your email
address, for direct marketing purposes. This includes sending you music recommendations. You may opt out of receiving
these direct marketing communications at any time. Our electronic marketing activities will comply with the requirements
of the Spam Act 2003 (Cth).
We may also provide your information to third parties that provide services to us, including third parties
that provide our payment gateway, marketing, logistics and technology support services. This may include providing your
information to third parties that are located outside of Australia. Where your personal information is transferred
outside Australia (including the USA, UK, Hong Kong, the Philippines and the EU), we will do so in accordance with APP 8.
In addition, we may also disclose your information to third parties in order for them to provide services to you, in
4. Security of Your Personal Information
We take steps to protect the personal information we hold against loss, unauthorised access, use, modification or
disclosure and against other misuse. When no longer required, personal information is destroyed in a secure manner or
5. Access to Your Personal Information and Complaints Procedure
Under the Privacy Act 1988 (Cth), you have certain rights to access the personal information we collect
and hold about you.
Generally, subject to the exceptions of APP 12.3, we will allow an individual access to the personal
information we hold about them within a reasonable time after it is requested. When requesting such access please
identify the precise type(s) of information requested.
You may make a request by writing to us at: Privacy Inquiries, Kicktone Pty Ltd, Level 9, 80 King William Street,
Adelaide 5000, South Australia, Australia or by email, [email protected]
We take those steps reasonable in the circumstances to ensure that the personal information that we
collect, use and disclose is accurate, up to date and complete. Where an individual requests to correct information,
we will take reasonable steps to correct the information, having regard to the purpose for which it is held. You may
lodge a request to correct personal information in the manner outlined in clause 5.2 above.
To make a complaint about a breach of the Australian Privacy Principles, which includes how we handle your
personal information, you may contact us at the addresses provided in clause 5.2 above. We will endeavour to respond to
your complaint within a reasonable time after it is received. If you are not satisfied by our response, you may acquire
further information regarding privacy from the Office of the Australian Information Commissioner.
clause 5.2 above, or by email, [email protected]
Last updated March 21, 2014