FREE SHIPPING ON ORDERS OF $99 AUD AND OVER

Privacy Policy

This Privacy Policy describes how your personal information is collected, used, and shared when you visit or make a purchase from marianicola.com (the “Site”).

In the case of mere informational use of the website, we only collect the personal data that your browser transmits to our server and that is technically necessary for the presentation of our website and the guarantee of stability and security.

If you have consented accordingly or if we are legally authorised to do so, we collect personal data from you as a user of the web site in order to provide you with content on the web site on the one hand and to offer you further services on the other hand.

Therefore, it goes without saying that we comply with Australia`s statutory data protection regulations the Privacy Act 1988 (Privacy Act) and treat personal data as strictly confidential. Maria Nicola, PO Box 218, Northbridge, 1560, NSW, Australia (hereinafter referred to as "Maria Nicola" or "we") operates the website and we are also the APP Entity (Controller).


PERSONAL INFORMATION WE COLLECT
When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information”.

We collect Device Information using the following technologies:
- “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
- “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
- “Web beacons”, “tags”, and “pixels” are electronic files used to record information about how you browse the Site.

Additionally when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers, email address, and phone number. We refer to this information as “Order Information”.

When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information and Order Information.

HOW DO WE USE YOUR PERSONAL INFORMATION?
We use the Order Information that we collect generally to fulfil any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:
- Communicate with you;
- Screen our orders for potential risk or fraud; and
- When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.

-  send you marketing information, product recommendations and other non-transactional communications (e.g., marketing newsletters, telemarketing calls, SMS, or push notifications) including information about our products, promotions, news as necessary for our legitimate interest in conducting direct marketing or to the extent you have provided your prior consent.


We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).

YOUR PREFERENCES FOR EMAIL AND SMS MARKETING COMMUNICATIONS

If we process your Personal Data for the purpose of sending you marketing communications, you may manage your receipt of marketing and non-transactional communications from us by clicking on the “unsubscribe” link located on the bottom of our marketing emails, by replying or texting ‘STOP’ if you receive our SMS communications.

Please note that opting out of marketing communications does not opt you out of receiving important business communications related to your current relationship with us, such as communications about your service announcements or security information.

If you opt-in to SMS marketing, you will be notified by entering your phone number on the checkout page and initialising a purchase, signing up via a subscription form or entering a keyword. If you opt-in to SMS marketing notifications, you agree to the following:

  • You understand and agree that consent is not a condition of purchase.
  • You understand and agree that your phone number, name and purchase information will be shared with our SMS marketing platform Klaviyo including messages sent by autodialer.
  • You understand and agree that the information collected may be used to send you notifications and targeted marketing messages.
  • When sending SMS messages, your phone number will be shared with our SMS delivery partner Klaviyo to ensure delivery of the message.
  • You understand and agree that if you wish to opt-out of receiving further SMS marketing messages and notifications, you must reply with STOP to any message sent by us.
  • You understand and agree that other methods of opting out, such as using alternative words, will not be a reasonable means of opting out.
  • You understand and agree that message and data rates may apply when receiving text messages.

SHARING YOUR PERSONAL INFORMATION
We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Shopify to power our online store--you can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy. We also use Google Analytics to help us understand how our customers use the Site -- you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.

Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

BEHAVIOURAL ADVERTISING
As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

You can opt out of targeted advertising by using the links below:
- Facebook: https://www.facebook.com/settings/?tab=ads
- Google: https://www.google.com/settings/ads/anonymous
- Bing: https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.

DO NOT TRACK
Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.

YOUR RIGHTS
If you are a European resident, please refer to our GDPR and UK DPA Compliance Statement.

If you are an Australian citizen, the following rights apply to you:

The following provides a brief overview of the Australian Privacy Principles for further information please continue reading or refer to the Office of the Australian Information Commissioner's website.

APP 1: Open and transparent management of personal information. This ensures that APP entities manage personal information in an open and transparent way. This includes having a clearly expressed and up to date privacy policy.

APP 2: Anonymity and pseudonymity. Requires APP entities to give individuals the option of not identifying themselves, or of using a pseudonym. Limited exceptions apply.

APP 3: Collection of solicited personal information. Outlines when an APP entity can collect personal information that is solicited. It applies higher standards to the collection of sensitive information.

APP 4: Dealing with unsolicited personal information. Outlines how APP entities must deal with unsolicited personal information.

APP 5: Notification of the collection of personal information. Outlines when and in what circumstances an APP entity that collects personal information must tell an individual about certain matters.

APP 6: Use or disclosure of personal information. Outlines the circumstances in which an APP entity may use or disclose personal information that it holds.

APP 7: Direct marketing. An organisation may only use or disclose personal information for direct marketing purposes if certain conditions are met.

APP 8: Cross-border disclosure of personal information. Outlines the steps an APP entity must take to protect personal information before it is disclosed overseas.

APP 9: Adoption, use or disclosure of government related identifiers. Outlines the limited circumstances when an organisation may adopt a government related identifier of an individual as its own identifier or use or disclose a government related identifier of an individual. 

APP 10: Quality of personal information. An APP entity must take reasonable steps to ensure the personal information it collects is accurate, up to date and complete. An entity must also take reasonable steps to ensure the personal information it uses or discloses is accurate, up to date, complete and relevant, having regard to the purpose of the use or disclosure.

APP 11: Security of personal information. An APP entity must take reasonable steps to protect personal information it holds from misuse, interference, and loss, and from unauthorised access, modification or disclosure. An entity has obligations to destroy or de-identify personal information in certain circumstances.

APP 12: Access to personal information. Outlines an APP entity’s obligations when an individual requests to be given access to personal information held about them by the entity. This includes a requirement to provide access unless a specific exception applies.

APP 13: Correction of personal information. Outlines an APP entity’s obligations in relation to correcting the personal information it holds about individuals.

Legal basis for data processing on our website

Based on your consent: Insofar as you have given us consent to process personal data for specific purposes, the lawfulness of this processing is based on your consent. Consent given can be revoked at any time. The revocation of consent does not affect the lawfulness of the data processed until the revocation.

For the fulfilment of contractual obligations: In some cases, the processing of your data is also carried out for the fulfilment of a contract concluded with you at your request or for the fulfilment of a pre-contractual measure, such as in the context of a service obligation towards you. Further details on the relevant data processing purposes can be found in the relevant contractual documents and conditions of participation.

Within the framework of the balancing of interests: Where necessary, we process your data to protect our legitimate interests or the legitimate interests of third parties. These are, for example:

  • Use of cookies (more details on this below)
  • Assertion of legal claims and defence in legal disputes
  • Ensuring stability and security.


DATA RETENTION
When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.

CHANGES
We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.

MINORS
The Site is not intended for individuals under the age of 13 .

CONTACT US
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by email at contact@marianicola.com or by mail using the details provided below:

Maria Nicola
[Re: Privacy Compliance Officer]
Maria Nicola, P.O Box 26, Lane Cove NSW 2066, Australia