Revised: December 31, 2019
At Jenkins & Brown, we are committed to safeguarding the privacy of our website visitors and customers and we respect the trust given to us when dealing with personal data provided to us.
Our website incorporates privacy controls for customer accounts which affect how we will process your personal data. By using the privacy controls, you can specify whether or not you would like to receive direct marketing communications and limit the publication of your information. You can access the privacy controls via your account settings when you log into your account at www.planttherapy.com.
If you purchase a product or service from us, we request certain personally identifiable information from you on our order pages. You must provide contact information (such as name, email, and shipping address) and financial information (such as credit card number, and expiration date) otherwise we cannot process your order. We use this information for billing purposes and to fill your orders. If we have trouble processing an order, we will use this information to contact you.
How We Use Your Personal Information
We may process data about your use of our website and services (“usage data”). The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the usage data is our analytics tracking system. This usage data may be processed for the purposes of analyzing the use of the website and services. The legal basis for this processing is our legitimate interests, namely monitoring and improving our website and services.
We may process your account data (“account data”). The account data may include your name and email address. The source of the account data is information provided by you. The account data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is consent.
We may process your personal data that are provided in the course of the use of our services (“service data”). The service data may include your order history and any personalized information entered into your account profile. The source of the service data is information provided by you or generated by your use of our services. The service data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is consent.
We may process information contained in any inquiry you submit to us regarding goods and/or services “inquiry data”. The inquiry data may be processed for the purposes of offering, marketing and selling relevant goods and/or services to you. The legal basis for this processing is consent.
We may process information relating to our customer relationships, including customer contact information (“customer relationship data”). The customer relationship data may include your name, your contact details, and information contained in communications between you and us. The source of the customer relationship data is you. The customer relationship data may be processed for the purposes of managing our relationships with our customers, communicating with customers, keeping records of those communications and promoting our products and services to customers. The legal basis for this processing is consent.
We may process information relating to transactions, including purchases of goods and services, that you enter into with us and/or through our website (“transaction data”). The transaction data may include your contact details, your credit card and bank details and the transaction details related to your orders. The transaction data may be processed for the purpose of supplying the purchased goods and services and keeping proper records of those transactions. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract and our legitimate interests, namely the proper administration of our website and business.
We may process information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters (“notification data”). The notification data may be processed for the purposes of sending you the relevant notifications and/or newsletters. The legal basis for this processing is consent.
We may process information contained in email or similar communications that you send to us (“correspondence data”). The correspondence data may include the communication content and metadata associated with the communication. Our website will generate the metadata associated with communications made using the website contact forms. The correspondence data may be processed for the purposes of communicating with you and recordkeeping. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business and communications with users.
We may process any of your personal data identified in this policy where necessary for the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.
We may process any of your personal data identified in this policy where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks.
In addition, we may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
Please do not supply any other person’s personal data to us, unless we prompt you to do so.
USE OF THIS SITE BY MINORS – The Jenkins & Brown website is a commercial website intended for use by individuals that are at least 18 years old. If you are less than 18 years old, you may not use this Site without the prior permission and supervision of your parent or legal guardians. The Jenkins & Brown website is not directed towards children under the age of 13 and Jenkins & Brown does not establish accounts for users under the age of 13 or knowingly collect information from anyone under the age of 13.
Providing Your Personal Data to Others
We may disclose your personal data to any member of our group of companies (this means our subsidiaries, our ultimate holding company and all its subsidiaries) insofar as reasonably necessary for the purposes, and on the legal bases, set out in this policy.
We may disclose your personal data to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
We may disclose your personal data to our suppliers or subcontractors as reasonably necessary for processing your requests and orders and otherwise complying with the directions you give us.
Financial transactions relating to our website and services are handled by our payment services providers, Amazon Pay, PayPal, Authorize.net, and ApplePay. We will share transaction data with our payment services providers only to the extent necessary for the purposes of processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds. You can find information about the payment services providers’ privacy policies and practices, respectfully, at https://pay.amazon.com/us/help/201491260, https://www.paypal.com/va/webapps/mpp/ua/privacy-full, https://www.authorize.net/company/privacy/, https://www.apple.com/legal/privacy/.
In addition to the specific disclosures of personal data set out in this Section, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
International Transfers of Your Personal Data (GDPR)
In this Section, we provide information about the circumstances in which your personal data may be transferred to countries outside the European Economic Area (EEA).
Our hosting facilities and company offices are located in Australia. The European Commission has made an “adequacy decision” with respect to the data protection laws of Australia. Transfers of your personal data to Australia will be protected by appropriate safeguards, namely the use of standard data protection clauses adopted or approved by the European Commission, or the adoption of the principles and procedures of the EU-AUS and Swiss-AUS Privacy Shield Frameworks, designed by the Australian Department of Consumer Affairs and the European Commission and Swiss Administration.
You acknowledge that personal data that you submit for publication through our website or services may be available, via the Internet, around the world. We cannot prevent the use or misuse of such personal data by others.
Retaining and Deleting Personal Data
This Section outlines out our data retention policies and procedures, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data. Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
We will retain your personal data as follows:
Account information, containing your personal data, will be retained for as long as your account remains active or until you delete ore request deletion of your personal data from your account.
Order information, containing your personal data, will be retained for a period of time consistent with our legal obligations to provide customer satisfaction, warranties, and legal obligations such as taxes.
In some cases it is not possible for us to specify in advance the periods for which your personal data will be retained. In such cases, we will only retain your personal data for as long as necessary
Notwithstanding the other provisions of this Section, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
If you are an Australian resident and have an established business relationship with us, you can request a notice disclosing the categories of personal information we have shared with third parties, for the third parties’ direct marketing purposes, during the preceding calendar year. To request a notice, please contact us via email: email@example.com or submit your request to Jenkins & Brown, Attn: Customer Support, PO BOX 3145 Newmarket, QLD 4051.
If you are a Australian resident under 18 years old and a registered user, you can request that we remove content or information that you have posted to our website or other online services. Note that fulfillment of the request may not ensure complete or comprehensive removal (e.g., if the content or information has been reposted by another user). To request removal of content or information, please call Customer Support at +61 02 8000 0088.
Australian law gives consumers the right to request that a company not sell their personal information. This right applies even if their personal information is not currently being sold. If you are a Australian consumer and wish to exercise this right, please submit your request by contacting us at firstname.lastname@example.org
We may update this policy from time to time by publishing a new version on our website.
You should check this page occasionally to ensure you are happy with any changes to this policy.
We may notify you of significant changes to this policy by email.
This Section provides information regarding your right to control your personal data. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.
Your principal rights under data protection law are:
the right to access your personal data
the right to correct your personal data
the right to have your personal data deleted or removed
the right to restrict processing of your personal data
the right to object to processing of your personal data
the right to data portability for your personal data
the right to complain to a supervisory authority for any misuse of your personal data
the right to withdraw consent for the use of your personal data
You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee. You can access your personal data by visiting your account when logged into our website.
You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.
In some circumstances you have the right to the deletion or removal of your personal data from our servers without undue delay. Those circumstances include: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully processed. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defense of legal claims.
In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defense of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defense of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.
You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defense of legal claims.
You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.
You have the right to object to our processing of your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
To the extent that the legal basis for our processing of your personal data is:
that the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract, and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.
If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.
To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.
You may exercise any of your rights in relation to your personal data by written notice to us, including via email by clicking here; contacting us at the address shown below; or by calling us at the phone number shown below.
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This website is owned and operated by Jenkins & Brown pty ltd.
Jenkins & Brown
PO BOX 3145
Newmarket, QLD 4051