Privacy Policy

Last Updated: 14 September 2023 

1. Introduction 

    This is our Privacy Policy, which explains the way in which we collect, store, use and share Personal Information. 

    This Policy forms part of, is subject to, and must be read with, our Terms of Service

    We respect your privacy and will use our best endavours to keep your Personal Information secure. 

    By continuing to use our website, you consent to the handling of your Personal Information in accordance with this Policy. 

    Please see our Cookie Policy for further information about our use of cookies on this website.

    2. Personal Information we collect 

    2.1. How we collect Personal Information 

    We may collect your Personal Information from any of the following sources: 

    (a) information you or third parties provide to us when you or they communicate directly with us (including by telephone, email, instant message, chat, or website form submissions); 

    (b) information you provide to us when you submit an order on our website; 

    (c) information obtained through the use of browser features, such as cookies and browser storage; 

    (d) information provided to us by a payment processor or financial institution - for example, when processing payment for an order or refund; 

    2.2. Types of Personal Information we collect

    We may collect the following types of Personal Information: 

    (a) identification information - such as your name, age, sex; 

    (b) location information - such as your residential address or postal address, or the country or region where you live; 

    (c) contact information - such as your telephone number, instant messaging address, or email address; 

    (d) payment processing information - such as partial card numbers, cardholder name, expiry date or bank account details; 

    (e) browser information - such as information about your internet browser, operating system, device, or browsing behaviours on our website. 

    The Privacy Act defines some types of information as "sensitive information". We do not actively collect sensitive information unless it is necessary in the course of operating our business. 

    2.3. Legal basis for collection and processing of Personal Information

    We collect and process Personal Information on the following legal basis: 

    (a) Consent - where you have provided us with your consent to collect and use your Personal Information; 

    (b) Contractual Performance - where we require the Personal Information to perform a contract with you, such as processing an order or return; 

    (c) Legal Obligations - where we are required by law or other legal obligations to collect or retain certain Personal Information about you. For example, we may be required to retain certain information as a record of orders, shipping, payments or purchases for legal, finance or tax purposes; 

    (d) Other Legitimate Interests - such as for internal administration, marketing and security 

    2.4. Pseudonyms and Anonymity 

    You may have the option to interact with us anonymously or under a pseudonym. 

    However, because we are required to identify you to process an order, it may not be possible to place an order with us anonymously or under a pseudonym. 

    2.5. Quality Assurance 

    We endeavour to ensure that all information we collect is accurate and complete. However, as we often rely upon information from third party sources, some personal information may be inaccurate or incomplete. 

    3. How we store and secure Personal Information 

    3.1. General 

    Where we collect or store Personal Information, we will use reasonable endeavours to ensure that it is kept securely and guarded against unauthorised use or disclosure. 

    3.2. Location of data 

    Where possible, we store Personal Information within Australia. However, some services may require us to store or transmit Personal Information to other jurisdictions, including the United States of America. 

    Personal Information that is transmitted outside of Australia may not be subject to Australian privacy laws or protections. 

    3.3. Information security measures we adopt 

    The security of your Personal Information is important to us. 

    We adopt a number of measures to help ensure that your Personal Information is protected, including requiring the use of SSL/HTTPS on our website at all times. 

    In compliance with PCI-DSS requirements, we do not store credit card information. However, this information may be collected by our payment processing providers for the purpose of facilitating transactions with us. 

    4. Use and sharing of Personal Information 

    4.1. General 

    We may use your Personal Information in one or more of the following ways: 

    (a) to process and fulfill orders placed on our website and other transactions (such as refunds); 

    (b) to communicate with you about your order, or about other products or services we provide; 

    (c) for product and service improvement, website analytics and market research; and 

    (d) if you opt in, to provide you with promotional material about our products and services. 

    Your privacy is important to us, so we will not sell, rent or trade your Personal Information to third parties without your express consent. 

    4.2. Electronic messages 

    You may opt in to receive electronic messages containing advertising or other marketing communications from us via our website form or when placing an order with us. 

    We use these messages to let you know about product hints and tips, news and announcements, or upcoming promotions, sales and product releases. 

    We are committed to a no-spam policy. If you no longer wish to receive electronic marketing messages, you may unsubscribe at any time by using the unsubscribe links provided in the message. 

    When placing an order with us, you also consent to our use of email and/or SMS notifcations to let you know about the progress of an order, such as order confirmations, payment processing notifications and dispatch notifications. Our delivery suppliers may also use similar notifications. 

    4.3. Providing information to third parties 

    Where necessary, we may provide your Personal Information to a third party for one or more of the following purposes: 

    (a) to payment providers and financial institutions - for the purpose of processing or fulfilling an order, payment or transaction; 

    (b) to our delivery suppliers - for the purpose of delivering an order to you; 

    (c) to our information technology suppliers - for the purpose of maintaining, improving, hosting and developing our website and for IT support purposes. 

    4.4. Shopify Platform 

    Our store uses the Shopify Platform. Personal Information may be collected or used by Shopify or its partners, service providers and affiliates in accordance with their respective Privacy Policies. For more information about Shopify's Personal Information handling and privacy practices, please read the Shopify Privacy Policy

    4.5. Links to third-party websites or content 

    Where our website provides links to third-party websites or content, you acknowledge that we are unable to control the content of the third-party website or the third-party's privacy practices. 

    5. How to contact us about your privacy 

    5.1. Your rights 

    You may have rights to: 

    (a) request access to; 

    (b) request correction, amendment, deletion or transfer of; or 

    (c) object to 

    the Personal Information we hold or process about you. 

    If you wish to exercise any of those rights, or make a request or complaint, we ask that you contact us directly using the details below. 

    5.2. Our Contact Details 

    You may contact us to make an enquiry or complaint about privacy in the following ways: 

    Form: 

    Using the contact form on our website 

    Email: 

    info@atkm.com.au 

    Call: 

    +61 3 9415 6668 during our business hours 

    Mail: 

    The Privacy Officer 
    31-33 Best St, Fitzroy North, Victoria 3068
    Australia 

    5.3. Responding to enquiries and complaints 

    We endeavour to respond to privacy enquiries or complaints within a reasonable timeframe. However, if your enquiry or complaint is complex, we may need additional time to respond. 

    We may not be able to respond to your enquiry or complaint if it is incomplete or inaccurate, relates to a third party, or if a response would require us to contravene our other obligations of privacy or confidentiality. 

    5.4. If you are not satisfied with our response 

    If you are not satisfied with our response to your privacy enquiry or complaint, you may refer your matter to, or seek further information from, the Office of the Australian Information Commissioner (https://oaic.gov.au) or an equivalent authority in your country or jurisdiction. 

    6. Interpretation 

    6.1. Definitions 

    Unless the context otherwise requires, words and phrases used in this Privacy Policy have the meanings set out below: 

    Personal Information 

    has the meaning given in the Privacy Act. 

    Privacy Act 

    The Privacy Act 1988 (Cth). 

    we / us / our 

    The County of Bourke Pty Ltd trading as  ATKM  (ABN 20 138 673 060).

    Terms of Service 

    The Terms of Service published on our website. 

    6.2. Interpretation 

    This Policy forms part of, and is to be interpreted in the same way as, our Terms of Service.