Memories

Privacy Policy

  1. Background

This privacy policy (“Privacy Policy”) sets out how Memories intends to collect, store, use, disclosure, protect and otherwise handle your personal information.

We work within and uphold the applicable privacy laws and principles, including the Australian Privacy Principles and the European Union’s General Data Protection Regulation. You can find further details about the Australian Privacy Principles on the website of the Office of the Australian Information Commissioner. You can find further details about the European Union’s General Data Protection Regulations on the website of the General Data Protection Regulations.

  1. Definitions

Unless expressly provided otherwise, terms used in this Privacy Policy have the meaning given in our Terms and:

Act” means the Privacy Act 1988 (Cth).

Cookie Information” has the meaning given to that term in clause 5.

Privacy Policy” has the meaning given to that term in clause 1.

Terms” means the terms and conditions of Memories (as amended from time to time), the current version of which can be accessed at the following link: https://memories.net/terms-and-conditions

  1. What is personal information?

In this Privacy Policy, the term “personal information” has the meaning in the Act and under that legislation includes information about an identifiable and living individual, including names, addresses, telephone numbers, email addresses, photographs, dates of birth, credit and banking details and if and where applicable, includes information that constitutes “sensitive information”.

  1. Collection and Storage of Personal Information and Data

    1. Types of Personal Information

We may collect personal information about individuals. This information could include:

  1. names;

  2. gender;

  3. contact details (including email address, telephone number(s) and other contact details);

  4. date of birth;

  5. usernames and passwords;

  6. photos;

  7. bank account details;

  8. date of death;

  9. videos; and

  10. sensitive information that you choose to submit to us.

Subject to clause 4.2, you consent to our collection, storage, use, disclosure, protection and handling of your personal information on the terms and conditions of this policy.

  1. Restrictions

If you are under the age of 16, we need the consent of your parent or guardian to process your personal information.

  1. Sensitive Information

The personal information collected by Memories may include sensitive information, which is defined in the Act as information or an opinion about such things as an individual’s racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information. Memories will only use sensitive information:

  1. for the primary purpose for which it was obtained;

  2. for a secondary purpose that is directly related to the primary purpose;

  3. with your consent; or

  4. where required or authorised by law.

  5. How does Memories collect your personal information?

Memories will collect personal information only by lawful and fair means and not in an unreasonably intrusive manner. When you provide Memories with personal information you consent to the use, disclosure and handling of your personal information in accordance with this Privacy Policy.

Collecting Information from you

If it is reasonable and practicable to do so, Memories will collect personal information directly from you.

Depending on how you choose to interact with Memories, Memories may collect your personal information when you contact, or are contacted by, Memories or its service providers by telephone, by email, through the Website, or when you complete a form or document and provide it to the Company. More specifically, we collect personal information in circumstances including when:

  1. a person signs up to become a Page Administrator or Guest User;

  2. a User posts Content about themselves on the Website;

  3. a User posts Content about a living third party on the Website;

  4. a User visits the Website and sends an enquiry through or makes a comment or other post the site, through an email, via a social media platform such as Facebook, Twitter or Pinterest;

  5. a User signs up to an email marketing list;

  6. a User interacts with our social media services;

  7. we meet with an organisation wishing to do business with Memories (and an individual from that organisation provides details);

  8. an individual enters into a transaction with us using a credit card or method other than cash;

  9. an individual makes an order through our online store in accordance with our Terms;

  10. an individual enters a competition being run by Memories; and

  11. evaluating job applicants and personnel which may include collection of details such as employment history and educational qualifications. This may include “sensitive information” as defined in the Act. Further details about our Privacy Policy and practices for job applicants will be available at the time of application.

We do not directly collect your credit card details to process your payment or for customer services purposes. Your credit card details are collected, processed and stored directly by our third-party payment processors pursuant to their terms of use and privacy policies. None of your credit card details are permanently stored with us. However, we may collect your bank account details to process refunds.

Collecting information from third parties

Memories may also collect information about you from other people (eg a third party administrator or other Users) or independent sources. This may occur when, for example, other Users upload Content that includes information about you, or where a Page Administrator nominated you as a Page Administrator. If you also give us permission to access information in other services, such as Facebook or Google Drive, Apple or Dropbox, we may be able to obtain information from those accounts depending on your privacy settings.

However, the Company will only do so where it is not reasonable and practicable to collect the information from you directly. Where the Company has collected your information from a third party, such personal information will be held, used and disclosed by the Company in accordance with this Privacy Policy.

  1. Cookies

Memories may also collect information based on how you use its Website, including through ‘cookies’, web beacons and other similar technologies.

Cookies are small text files that are transferred to your computer’s hard drive through your web browser to enable the Company’s systems to recognise your browser and record non-personal information such as the date, time or duration of your visit and the pages accessed, for website administration, statistical and maintenance purposes (“Cookie Information”).

We may use ‘cookies’ to collect data (typically not personal information) relating to your general internet usage.

We use Cookies to help us to improve our site and to deliver a better and more tailored service, for instance by storing information about your preferences and allowing us to recognise you when you return to our site.

You may refuse to accept cookies by activating settings on your internet browser. However, please note that if you select such settings your may be unable to access certain parts of our site.

When individuals use our mobile application, we may also collect information about your city location, device model and version and operating system version. (This is typically not considered “personal information”).

No attempt is made by the Company to use Cookie Information to personally identify you. However, if Cookie Information is linked with personal information as set out above, this Cookie Information becomes personal information and will be treated in the same manner as the personal information to which it has been linked.

You can remove or reject cookies by adjusting the settings on your web browser. Please note that some parts of the Website may not function fully for users that disable cookies.

  1. Anonymity/pseudonymity

Where practicable, customers and others have the right to interact with us anonymously or using a pseudonym. Circumstances where it is not practicable, however, include where personal information is required to complete a credit card or account transaction.

  1. Use of Personal Information

Memories may hold, use or disclose your personal information for the purposes of marketing, but only where such use complies with the Act and the Australian Privacy Principles.

Memories may also hold, use or disclose your personal information collected for the purpose it was provided or collected, including in the following ways:

  1. display it when you have posted it to the Website;

  2. for use for the purposes of collection described in clause 2 above;

  3. to respond to enquiries received from you;

  4. to perform authorised financial transactions with you;

  5. to verify your identify and to assist you if you have forgotten any Account Details;

  6. to communication with you and provide you with information (whether by email, post or other means) about our products or services, where you have requested or consented to receiving this from us or where this provision is otherwise permitted under the Australian Privacy Principles;

  7. to notify you about changes to our goods and services;

  8. to ensure that content from our Website is presented in the most effective manner for you and for your computer/device;

  9. to allow you to participate in interactive features of our Website, when you choose to do so;

  10. to enable you to enter competitions we run;

  11. to facilitate your participation in surveys we (or a third party on our behalf) runs where you volunteer that personal information;

  12. to enable you to participate in any loyalty or reward programs, if you so request it;

  13. to receive and address feedback or complaints from you;

  14. to transfer data to your next-of-kin in the event of your passing;

  15. for the purposes of marketing;

  16. for the purposes of fulfilling orders on our online store in accordance with our Terms;

  17. to protect our legal interests and fulfil our regulatory obligations (if and to the extent necessary), and

  18. in other circumstances, with your prior consent.

All members and others with whom we interact have the option of opt-out of receiving marketing communications from us. If you do not wish to continue to receive electronic marketing communications from us and/or selected third parties you should opt-out by clicking on the “unsubscribe” link in any email communications that we might send you.

  1. Third parties

The Website may contain links to third party websites including the networks of our valued affiliate service providers and/or advertisers.

If you follow a link to any of these websites, note that they have their own privacy policies. If you use our website to link to another site you will be subject to that site’s terms and conditions of use and Privacy Policy. We strongly encourage you to view these before disclosing any of your personal information on such sites.

Memories does not control, and does not accept any responsibility or liability for, the Privacy Policy of, and use of personal information by, any party other than Memories, including any user of the Website and the operators of any website to which the Website links. Memories does not share your personal information with those websites.

  1. Disclosure of Personal Information

We may disclose your personal information to any of our related group companies. They will only use it for the same purposes that we may under this Privacy Policy. We may provide personal information to third parties outside our group companies for limited purposes, such as to help us in providing goods and services to customers.

Those persons and business may include, but are not limited to:

  1. organisations who carry out credit, fraud and other security checks;

  2. couriers and delivery business (where we arrange to deliver goods to you or persons you have requested us to send deliveries to);

  3. third party software providers who store details of customer account for us or who provide other IT services;

  4. marketing businesses engaged by us to disseminate materials to which recipients have consented; and

  5. we may also disclose your personal information to third parties outside our group of companies:

    1. where we have your express permission to do so;

    2. where it can reasonably be inferred from the circumstances that you consent to the disclosure to the third parties;

    3. if Memories sells, assigns or otherwise transfers part or the whole of its business, in which case your personal information, which was collected by Memories through your use of the service, may be among the items transferred or sold to the extent that it is relevant to Memories’ business;

    4. if we are under a duty to disclose or share your personal information in order to comply with any legal obligation, or in order to enforce or apply our terms and conditions or to protect the rights, property, or safety of Memories, its personnel or customers. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction;

    5. we limit the information we provide to third parties to the information they need to help us provide or facilitate the provision of goods and services to you. We deal with third parties that are required to meet the privacy standards required by law in handling your personal information, and use your personal information only for the purposes that we gave it to them; and

    6. we do not currently disclose personal information to business located outside Australia, except if and to the extent that the Website may be hosted outside Australia and where such hosting constitutes a disclosure (rather than a use).

  6. Security of personal information

The security of your personal information is important to Memories. Accordingly, Memories takes reasonable steps to protect your personal information from misuse, loss and unauthorised access, modification and disclosure.

Each Page is protected by the Account Details provided to each Page Administrator for privacy and security.

However, we cannot guarantee the absolute security of that information, or that our systems will be completely free from third party interception or are incorruptible from viruses. We cannot and do not guarantee that information you send from your computer to us over the Internet will be protected by any form of encryption (encoding software).

In light of this, we cannot and do not ensure or warrant the security or privacy of your personal information, including payment and bank account details. You transmit your personal information to us at your own risk.

You are entirely responsible for maintaining the security of your passwords and/or account information.

We treat website and credit card security seriously and endeavour to provide a secure, safe platform through which to conduct transactions.

  1. Warranties and Representation

This Privacy Policy does not constitute a contractual representation, promise, guarantee or warranty by Memories to you as to the manner in which Memories will or may collect, store, use, disclose, protect or otherwise handle your personal information. Some matters are beyond the control of Memories, such as third party malicious or criminal attacks.

  1. Access to/correction or updating of your personal information

You have a right to access the personal information we hold about you. To obtain a copy of the personal information we hold about you, please write to us at:

The Privacy Officer

Memories Group Pty Ltd

privacy@memories.net

Please provide sufficient detail about the information in question to help us locate it. We will then use commercially reasonable efforts to promptly determine if there is a problem and take the necessary corrective action within a reasonable time.

  1. Concerns about privacy

If you have any concerns regarding the privacy of your personal information, or a possible breach of the Australian Privacy Principles, please write to us at:

The Privacy Officer

Memories Group Pty Ltd

privacy@memories.net

In the email please specify the following information:

  1. your name;

  2. your address;

  3. your phone number;

  4. your email address; and

  5. a description of your concern.

  6. Severability

Any provision of this Privacy Policy which is void or unenforceable may be severed from this Policy without affecting the enforceability of other provisions.

  1. Waiver

Any failure or delay by us to enforce or exercise a power or right or provisions of this Policy will not constitute a waiver of those rights or provisions, and the exercise of a power of right by us does not preclude our ability to exercise that or any other power or right in the future. All rights not expressly granted are reserved.

  1. Amendment

We reserve the right at our sole discretion to revise this Privacy Policy at any time. You should visit the Website periodically to review this Privacy Policy. Amendments will be effective immediately upon notification on the Website. Your continued use of the Website following such notification will represent an agreement by you to be bound by this Policy as amended.

  1. Governing Law

This Privacy Policy is governed by, and must be construed according to, the law in force in the State of Victoria, Australia. The Courts in that State will have the exclusive jurisdiction to determine disputes in relation to this Privacy Policy or any other matter concerning the operation of the Website.

  1. Effective Date

This Privacy Policy is effective on and from 2 Oct 2020.