Smoothly

On behalf of the team at Smoothly, we want to take the time to sincerely apologise for the delay we are experiencing with Kickstarter to launch the Smoothly Campaign. It has come to our attention that “due to the high volume of campaign Kickstarter is experiencing, Kickstarter are experiencing a delay in launching the Smoothly Campaign.” Rest assured, Smoothly’s customer service representatives are working swiftly and diligently to launch the Smoothly campaign and provide a swift and seamless resolution. Again, we want to apologise profusely for any inconvenience this may be causing as customer service remains our priority.

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NZBN Number: 6378272

Australian version

Last updated: 26 May 2022
This Privacy Policy applies to all personal information and data collected by Evolution Products Limited NZ Company Number 6378272 (“us”, “our”, “we”, “Evolution”) via our website located at www.smoothly.shop (“Website”). This Privacy Policy sets out how we protect the privacy of personal information we collect, how we use and disclose such information, how you can access and correct personal information we hold about you and how you can contact us in relation to your personal information.

By using the Website, or otherwise supplying your personal information to us, you consent to this Privacy Policy, which also needs to be read in conjunction with our Terms of Sale. We may update this Privacy Policy from time to time, or any reason, in our discretion. Any modifications to this Privacy Policy will be effective immediately once posted to our Website. Therefore, we recommend that each time you visit our website and before placing an order, you review this Privacy Policy.

What is personal information?
Under the Privacy Act 1988 (Cth) (“Privacy Act”), personal information is information or an opinion about an individual, who is reasonably identifiable, whether or not the opinion is true or recorded in a material form.

Types of information collected
From time to time, we collect personal information, in the course of you browsing our website, from information you supply to us, whether via our website or as otherwise
supplied to us. Personal information we collect may include:

  • basic information such as your name, email address, home or work address, or telephone number(s);
  • your date of birth, preferred pronouns, payment details and
  • other information your provide to us, via feedback, when communicating with our customer support, your content or email preferences, responses to surveys or promotions, etc.

In addition, we also collect cookies from your device, which enables us to tell when you use the Website, your IP address, browser type, domain name, and also to help customise your Website experience. This information is generally anonymous and you have the ability to accept or decline cookies. Most browsers automatically accept cookies, but you may be able to modify your browser to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience our Website. By continuing to use the Website, you accept these terms regarding our use of cookies.

Collection
We collect personal information in a variety of ways permitted by law, including, without
limitation:

  • via forms submitted to us (either physically or electronically);
  • via telephone, email or in-person inquiry;
  • through mail correspondence, emails and other communication means (for example the use of our contact features on our Website);
  • through publicly available sources of information;
  • through direct contact;
  • during market research activities such as customer satisfaction surveys;
  • in the course of providing goods/services to our customers; and
  • from current or prospective suppliers or consumers of goods/services.

If we receive unsolicited personal information (such as misdirected mail or receiving more personal information than initially expected), we will determine whether we could have lawfully collected that personal data. If we determine that we could have lawfully collected the personal information, we will hold, use and disclose the personal data in accordance with this Privacy Policy and otherwise in accordance with the law. If we determine that we could not have lawfully collected the personal data, we will destroy, delete, or de-identify the personal data as soon as practicable, provided such approach is legal and reasonable.

Purpose
We only use personal information:

  • that is reasonably necessary for us to conduct our business; or
  • the primary purpose for which the information was collected; or
  • as otherwise permitted or authorised by law, including without limitation, under the Australian Privacy Principles and the Privacy Act.

There are a number of purposes for which we collect personal information. These include:

  • to provide you with our products and services;
  • to enable us to provide you with updates in relation to your orders and enable us
  • to deliver our products to you;
  • to advise you of new products, services or opportunities we have available;
  • to address complaints or queries;
  • to analyse how our Website is used and how it may be optimised;
  • to maintain and develop our business systems and infrastructure, including testing and upgrading these systems;
  • to process transactions and administer customer accounts, including the processing of invoices;
  • initiate contact with a customer if the customer has not purchased products or services from us for an extended period of time, or otherwise has not engaged with us for an extended period of time (unless we are informed that the customer no longer wishes to be contacted by us or by anyone on our behalf);
  • improve our products and services and better understand your needs;
  • directly market our products and services to current or prospective customers; or
  • otherwise, to contact you by telephone, email, text message or by mail.

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 Website or receive your order, and our ability to provide you with our products and services may be inhibited.

By providing us with your contact information, you consent to receiving such marketing and product-related communications from us, whether electronically or in any other manner (although you do have the right to opt-out of receiving any such communications at any time). We do not sell, rent or lease our member, customer or user lists to third parties.

Disclosure
We may disclose personal information:

  • to any of our employees, officers, related entities, insurers, professional advisers, agents, suppliers or subcontractors to the extent necessary to fulfil the purposes set out in the “Purpose” section above;
  • where such disclosure is required by law;
  • with your prior consent; or
  • for the purposes of prosecution where your use of the website violates our Terms.

Personal information about individuals which we have collected may be disclosed to third parties in the event our business and/or assets being sold or offered for sale, at or before the time of a merger, acquisition or sale.

Where we engage third parties to provide products and/or services to us, such third parties may have access to personal information we hold about individuals. We do not
authorise those third parties to use any personal information disclosed to or accessed by the third party for any purpose other than to facilitate the third party’s completion of its
obligations owed to us. Without limiting the foregoing, we may disclose individuals’ personal information to our business partners and advisors (such as auditors, financial
services or insurance companies) or to our professional advisers (such as its legal and accounting advisers) for them to complete their obligations owed to us under agreements that we enter into for the purpose of undertaking or furthering our business operations and activities.

If your information is transferred outside Australia to our affiliated business or service providers, we will take reasonable steps to ensure that your personal data received the same level of protection as if were to remain within Australia

Storage
Personal information collected by us is generally stored both electronically (on our computer systems and with our hosting service provider) and in hard copy form. From time
to time, personal information that we collect may be stored, processed in or transferred between parties located in countries outside of Australia. Such countries may include, but are not limited to, New Zealand.

Data Retention
We will only keep your Personal Information for as long as necessary for the purpose for which it was collected, subject to satisfying any legal, accounting or reporting requirements. At the end of any retention period, your Personal Information will either be deleted or anonymised

Security
We have processes in place to ensure the security of your personal information, including encryption of all data when it is transferred to our service providers and limitations on access to personal information within our organisation. Any information you submit to us, whether personal information or otherwise, is submitted at your own risk. Whilst we take measures to protect against unauthorised disclosure of information, we do not guarantee that personal information collected will not be disclosed in a manner which is inconsistent
with this Privacy Policy.

Our Website may contain links to third parties’ websites. Those other websites are not subject to our Privacy Policy and procedures. You may wish to review those websites directly to view a copy of their privacy policies. We do not endorse, approve or recommend the products or services provided by the operators of the relevant third party website. Our inclusion of links to third party websites should not be construed as an endorsement, approval or recommendation of either the website operator or the products or services so provided.

Access and Correction
You are entitled to details regarding the personal information we hold about you in circumstances permitted under the Privacy Act. A small reasonable fee may be payable
for the provision of information, to cover the costs incurred in providing access to the personal information. If you would like a copy of the personal information which we hold
about you or believe that any personal information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact our Privacy Officer using the
contact details in the section below. We will provide the requested information to you within a reasonable time (generally within 30 days). You may request the return or
amendment of your personal identifiable information held by us at any time, but subject to any other obligations you may be committed to with us.
We may:

  • refuse to provide you with personal information that we hold about you, where permitted under the Privacy Act or any other applicable law;
  • request information from an individual making an access request in order to verify the identity of the individual making the request and ensure that we are not inadvertently making a disclosure of personal information to a person not entitled to that information; and
  • redact information made available in order to protect the privacy of other individuals.

How to contact us about our Privacy Policy
Your privacy is very important to us. We can be contacted using the following details:
Address: PO Box 300500, Albany, Auckland 0752
Email: privacy@smoothly.shop

If you have any complaints about our privacy practices, please send details of your complaints in writing to our Privacy Officer using the contact details above. We will acknowledge receipt of your complaint promptly and endeavour to respond within a reasonable time period following receipt. If you remain dissatisfied with our response to your complaint, please let us know, otherwise you may escalate the complaint to the Office of the Australian Information Commissioner.