OnsongSwing ─ Sales, Support, Account Management & Membership

1. Scope and Consent

This Privacy Policy describes how Onsong Innovation Pty Ltd,
[registered office: Power2Brisbane  U1/196 Kingston Road Slacks Creek Queensland 4127 Australia]
collects, uses, stores, shares and protects your personal information. It applies to the [onsongswing.com] website, the OnsongSwing members pages and the OnsongSwing Member Rewards Program and all related websites, applications, services and tools where this policy is referenced, regardless of how you access or use them.

Throughout this Privacy Policy, we use the term “personal information” to describe information that can be associated with a specific person and can be used to identify that person. We do not consider personal information to include information that has been made anonymous or aggregated so that it cannot be used, whether in combination with other information or otherwise, to identify a specific user.

By using [www. onsongswing. com] and related websites, applications, services and tools and/or registering for an  OnsongSwing member account, you expressly consent to our collection, use, disclosure and retention of your personal information as described in this Privacy Policy. We may amend this Privacy Policy at any time by posting the amended terms on this site. All amended terms automatically take effect 30 days after they are initially posted on the site. Additionally, we may notify members of Onsong Swing via e-mail of any significant or material changes to this Privacy Policy.

This Privacy Policy is effective on 12 December 2013, for current users, and upon acceptance for new users.

Inclusion: 24 February 2017 – Implementation of SSL encryption on our web Server
Inclusion:  8 March 2017 – Details of Google tracking code for AdWords and Google Shopping services.
Inclusion: 23 May 2018  Details regarding our compliance with the EU General Data Protection Regulation –  The  appointment of Onsong Innovation’s Company Secretary to the new role of Privacy Officer

2. Privacy Standards

Onsong Innovation Pty Ltd has established a set of rules for privacy, which are based on the National Privacy Principles contained in the Australian Government Privacy Act 1988 [http://www.oaic.gov.au/privacy/privacy-act/the-privacy-act]. The rules are a commitment by Onsong Innovation Pty Ltd to protect your personal information and honour our privacy obligations regardless of where your personal information is collected, processed or stored. The privacy practices of Onsong Innovation Pty Ltd are also consistent with those described in this Privacy Policy for the OnsongSwing .com web site facility.

Inclusion: 23 May 2018
The Company Secretary now holds the role of Privacy Officer. Depending on where you reside, you may be entitled to additional privacy rights through your local privacy regulator or court.

3. Collection

You can browse our websites without telling us who you are or revealing any personal information about yourself.  If you wish to contact us via our online Contact Form we will retain at our discretion the data delivered to us via the form’s submission plus date, time, and, your Computer IP address.  If you choose to register you warranty details via our Membership Registration and Warranty Details Form we undertake to capture and hold safe (segregated from our sales and membership data);  the data  you delivered to us via the form’s submission plus the date, time and, your Computer IP address. You are no longer anonymous to us, but your personal data will strictly for proof of first ownership alone.  If  subsequently, you accept our offer to activate your account and become an OnsongSwing member, you give us your personal information, and you are not anonymous to us. If you choose to provide us with personal information, you consent to the transfer, storage and management of that information on our servers. If you purchase an OnsongSwing from our e-commerce site you will have supplied personal information to us to complete the transaction. Onsong Innovation Pty Ltd  will store and retain the information thus provided plus the IP address from which the transaction was completed and, the PayPal transaction number if applicable.

When you visit our websites or use our applications, services, or tools, we collect information sent to us by your computer, mobile phone or other access device. The information sent to us may include but not be limited to data on the pages you access, your computer IP address, device identifiers, the type of operating system you’re using, your location, mobile network information, standard web log data, and other information. Web log data includes the browser type you’re using and traffic to and from our site. This information is not associated with you personally unless you are a registered user.

Inclusion:  8 March 2017

We use Google* tracking codes to verify when you as a successful purchaser of our product/s have, in the first instance, accessed our site via a Google advertising service such as, but not limited to, Google ADWORDS or Google SHOPPING. When your purchase is completed the web log data, as defined in the previous paragraph  will include a specific tracking code for the Google service you used to reach our website. This tracking information is not associated with you as an individual and is not part of the Personal Information we collected to process and deliver your purchase. Google’s contribution to your successful purchase does become visible in our Google Analytics reporting Console.

We collect the following types of personal information in order to provide you with the use and access to our websites, applications, services and tools, and for the additional purposes set out in this Privacy Policy:

  • e-mail address, phone number, mobile (cell) telephone number, physical contact information, and (depending on the service used) sometimes financial information, such as PayPal transaction numbers or Electronic Funds Transfer (EFT) transaction numbers;
  • transactional information based on your activities on the sites (such as buying, item and content you generate or that relates to your account), shipping, billing and other information you provide to purchase or ship an item;
  • personal information you provide to us;
  • other supplemental information obtained from third parties such as credit check information; and
  • information from your interaction with our sites, services, content and advertising, including, but not limited to, device ID, device type, geo-location information, computer and connection information, statistics on page views, traffic to and from the sites, ad data, IP address and standard web log information.

*Google Analytics is a web analysis service provided by Google. Google utilizes the data collected to track and examine the use of www.onsongswing.com to prepare reports on its activities and share them with other Google services. Google may use the data collected to contextualize and personalize the ads of its own advertising network. Personal data collected: Cookie and Usage Data. Place of processing: USA. Find Google privacy policy here.

4. Information Sharing and Registration with Social Media Websites

We may offer sign-on services that allow you to use third party login credentials to access the Onsong Innovation Pty Ltd and OnsongSwing websites. We may also offer services that allow you to share information with third party social media websites such as Facebook, Google Plus, Twitter, and others.

You may choose to provide us with access to certain personal information stored by such third party websites. The personal information we have access to varies by website and is controlled by your privacy settings on that website and your consent. By associating an account managed by a third party with your Onsong Innovation Pty Ltd account and authorising Onsong Innovation Pty Ltd to have access to this information, you agree that Onsong Innovation Pty Ltd may collect, use and store information from these websites in accordance with this Privacy Policy.

5. Use

Our primary purpose in collecting personal information is to provide you with access to our e-commerce website, and provide you with a safe, smooth, efficient, and customised experience. You agree that we may use your personal information to:

  • provide services and customer support you request, including service updates;
  • resolve disputes, collect payments, and troubleshoot problems;
  • customise, measure and improve our services and the content, layout, and operation of our websites and applications;
  • compare information for accuracy, and verify it with third parties;
  • aggregate and/or make anonymous your personal information, so that it cannot be used, whether in combination with other information or otherwise, to identify you;
  • contact you at telephone numbers we have collected, by placing a voice call or through text (SMS) or email messaging;
  • provide you with other services requested by you in the manner described when we collect the information.

We do not perform any Data aggregation using your Personal Information nor do we pass your personal information to third parties beyond your delivery details to our couriers.

6. Marketing

You agree that we may use your personal information to tell you about changes to our terms and conditions, changes to our policies that may affect you personally and about new or changed  services and tools, delivered with your membership of OnsongSwing.

We will not sell or rent your personal information to third parties for their marketing purposes without your express consent.

7. Opting in for Personal Information Use

You will not receive marketing and promotional communications from us. However you may opt-in, from time to time, to our campaigns and promotions by following the notifications provided on your OnsongSwing account page.

If you do not provide  consent for the use or disclosure of your personal information for the other purposes set out in this Privacy Policy we may not be able to provide you  with  the level of services normally associated with membership of OnsongSwing, or to provide you with some or all of the services and customer support offered to our members and authorised under this Privacy Policy.

8. Our Disclosure of Your Information

Onsong Innovation Pty Ltd will disclose personal information to respond to legal requirements, respond to claims or protect anyone’s rights, property, or safety. Such information will be disclosed in accordance with applicable laws and regulations. As stated above, we do not disclosure your personal information to third parties for their marketing purposes without your explicit consent.

We also share your personal information with:

  • Service providers under contract who help with our business operations (such as, but not limited to, fraud investigations, bill collection, affiliate and other rewards programs and website operations).
  • Other third parties to whom you explicitly ask us to send your information (or about whom you are otherwise explicitly notified and consent to when using a specific service).
  • Law enforcement or regulatory agencies, or authorised third-parties, in response to a verified request relating to a criminal investigation or alleged illegal activity or any other activity that may expose us, you, or any other OnsongSwing member or site user to legal liability. In such events, we will disclose information relevant and necessary to the investigation or inquiry, such as name, city, state, postcode, telephone number, email address, User ID history, IP address, fraud complaints, sales history, and anything else we may deem relevant to the investigation.
  • Other business entities, should we plan to merge with or be acquired by that business entity. Should such a combination occur, we will require that the new combined entity follow this Privacy Policy with respect to your personal information. If your personal information will be used or disclosed for any purposes not set out in this policy, you will receive prior notice.

While we use contractual and other measures to ensure protection of personal information, the laws and regulations relating to privacy and personal information protection in other jurisdictions may not be the same as, or similar to, your local privacy laws. The governments, courts, law enforcement or regulatory agencies in these other jurisdictions may be able to request disclosure of personal information through the laws of these countries. In an effort to respect your privacy, we will not otherwise disclose your personal information to law enforcement, other government officials, or other third parties without a subpoena, court order or substantially similar legal procedure, except when we believe in good faith that the disclosure of information is necessary to prevent imminent physical harm, financial loss, to report suspected illegal activity.

9. Protecting Information You Share with Onsong Innovation Pty Ltd

If you access our websites from a shared computer or a computer in an internet café, certain information about you, may also be visible to other individuals who use the computer after you. We encourage you to actively protect your personal account information from other users.

10. Using Information from Onsong Innovation Pty Ltd

Onsong Innovation Pty Ltd enables you to share personal and financial information to complete transactions and redeem rewards.

11. Cookies

When you access our websites or use our services, we (including companies we work with) may place small data files on your computer or other device. These data files may be cookies, pixel tags, “Flash cookies,” or other local storage provided by your browser or associated applications (“Cookies”). We use these technologies to: recognise you as a customer; customise services, content, and advertising; measure promotional effectiveness; help ensure that your account security is not compromised; mitigate risk and prevent fraud; and to promote trust and safety across our sites and services. For more information about why we use cookies, see Cookies, Web Beacons, and Your Privacy.

A few important things you should know about our use of these technologies:

  • We may offer certain features that are available only through the use of Cookies.
  • We may use Cookies to help identify you and maintain your signed-in status.
  • Most Cookies are “session cookies,” meaning that they are automatically deleted from your hard drive at the end of a session.
  • You’re always free to decline our Cookies if your browser permits, although doing so may interfere with your use of some of our sites or services.
  • You may encounter Cookies from third parties, known as service providers, that we have allowed on our websites that assist us with various aspects of our website operations and services.
  • You also may encounter Cookies from third parties on certain pages of the websites that we do not control and have not authorised. (For example, if you view a web page created by another user, there may be a Cookie placed by that web page).

12. No Spam, Spyware or Spoofing

We do not tolerate spam. Make sure to set your Onsong Innovation Pty Ltd communication preferences so we communicate to you as you prefer.  To report [onsonginnovation.com] or [onsongswing.com] ─ related spam or spoof emails to Onsong Innovation Pty Ltd, please forward the email to [[email protected]]

13. Accessing, Reviewing and Changing Your Personal Information

Your login/password is key to the privacy of your member account. Use unique numbers, letters and/or special characters and do not disclose your OnsongSwing login/password to anyone. If you do share your login/password or your personal information with others, remember that you are responsible for all actions taken in the name of your account. If you lose control of your login/password, you may lose substantial control over your personal information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately change your password. You will be able to see all your transaction history via you account page and review and change your personal address/contact/delivery information. Generally, we will not manually modify your personal information because it is very difficult to verify your identity remotely. You should promptly update your personal information if it changes or is no longer accurate to assist us to identify you if exceptional circumstances prevail.

14. Protecting and Storing Your Personal Information

Inclusion: 24 February 2017

We store and process your personal information on third party cloud based servers. All transactions that you conduct on our web site are encrypted via a SSL certificate to ensure that the privacy of your personal information can not be compromised during transmission. The privacy of your personal information is protected by our hosting service providers using physical, technical and administrative security measures so as to minimise the risks of loss, misuse, unauthorised access, disclosure and alteration of a huge range of information across their hosted web sites.

Information such as delivery address and contact phone number that we use directly or via our service providers to deliver products and services to you directly is also protected via this privacy policy or similar policy maintained by our suppliers under Australian Law [http://www.oaic.gov.au/privacy/privacy-act/the-privacy-act].

15. Closing Your Member Account; Retention of Personal Information

Inclusion: 23 May 2018

Onsong Innovation has taken the opportunity to strengthen our Privacy Policy to include certain rights that the EU GDPR now provides for it’s citizens:

  • Currently you can de-activate your membership (and your account with us) and we change your account status in our database from Active to Disabled. You loose access to our Members pages but we will preserve your Username with any accumulated Member Rewards credits you may have earned, in case you change your mind. From now on, as a risk mitigation strategy, after your Warranty period expires we will archive  your purchase order and completely delete our record of your Membership.
  • You can now, via the Member’s Priority Support contact form, request a copy of all the personal information we hold for your account with us.
    Please select from the Subject list:- Privacy -Personal Information or GDPR request.
  • You may also request, via the Member’s Priority Support Contact Form, that we delete all of your Personal Information from our database. That is to say; that we will delete our record of your Membership, our details of your sales purchases from our shop and any remaining referral credits; you will be completely forgotten.
    Please select from the Subject list:- Privacy – Delete all my Personal Information you hold.

We may also close or deactivate inactive accounts, or accounts that are used in violation of our terms and conditions

Under certain circumstances we may retain some personal information from closed or inactive accounts for longer. Grounds for doing so would include but is not limited to; confirming proof of purchase, prevention of fraud, resolution of disputes, or to otherwise take actions permitted by law. Under such circumstances this information will be kept as long as it is necessary and relevant for our operations, and to comply with any applicable law.

16. Third Parties

Except as otherwise expressly included in this Privacy Policy, this document addresses only the use and disclosure of information we collect from you. Onsong Innovation Pty Ltd does not control the privacy policies of third parties, and you may be subject to the privacy policies of those third parties where applicable.

17. Contact Us

If your have questions that are not answered by this policy or other information we provide on line, you may write to us at Onsong Innovation Pty Ltd, PO Box 951 Springwood Queensland 4127 Australia, or using our Contact form.