TERMS AND CONDITIONS
THE TERMS AND CONDITIONS OF USE ARE:
The content of this website is for your general information and use only. It is subject to change without notice. Neither we (nor any third parties) provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
We reserve the right to cancel orders and fully refund you, the customer, at our discretion and without incurring additional liabilities.
You acknowledge that using any information or materials from this website is at your own risk and that we shall not be liable for that use. It remains your responsibility to ensure that all products, services and information used by you meet your specific requirements.
Reproduction of any content, design, layout, look, appearance or graphics contained in this website is prohibited. All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website. Unauthorised use of this website may give to a claim for damages and/or be a criminal offense.
PLEASE NOTE: Your use of this website, and any dispute arising out of such use of the website, is governed under laws of the governments of New South Wales and Australia.
Nebbia is totally committed to protecting the privacy of our site visitors and customers.
Nebbia respects the privacy of individuals by treating all personal information as confidential and by handling it in accordance with the Privacy Act 1988 and the National Privacy Principles. We respect your right to privacy and understand the need to protect your personal information.
Your personal information is not collected if you only browse this website.
COLLECTION OF YOUR PERSONAL INFORMATION
As a retailer, during the course of its activities, Nebbia will collect, use and disclose personal information from:
c) Customers who use the online shopping facility;
d) Visitors to and users of our website, including any user forums section of our website;
e) Customers who enter trade promotions / competitions conducted by Nebbia;
f) Customers who register Nebbia gift card details; and
g) Customers who call the Nebbia customer service team or otherwise contact us.
This information can be collected:
a) directly from you;
b) when you register as a user of the website;
c) when you place an order via the website;
d) when you access and interact with the website or the customer service team; or
e) from other sources.
The information collected may include your name, mailing or residential address, telephone number, email address and other transaction and registration details. If you choose not to provide us with your personal information, we may not be able to provide the information, goods or the service you may require, or to fulfil one or more other purposes of collection of your personal information.
USE AND DISCLOSURE OF YOUR PERSONAL INFORMATION
Personal information is used by Nebbia for its legitimate business purposes, as disclosed at the time of collection. It is also used for ancillary purposes such as locating and identifying customers or otherwise servicing Nebbia’s relationship with its customers.
You acknowledge and consent that by providing your personal information to us that we may use and disclose your personal information for the purposes for which it was collected or for a related or ancillary purpose such as:
a) to facilitate and process your order;
b) to carry out or respond to your requests;
c) to our third party service providers to assist us in providing and improving our services to you, and to analyse trends in sales and better understand our customer’s needs or to develop, and improve our products and services to you;
d) for regulatory reporting and compliance with our legal obligations;
e) to various regulatory bodies and law enforcement officials and agencies to protect against fraud and for related security purposes;
f) to our third party service providers to include in a database compiled by us or our third party service provider for use in direct marketing of promotions, product and services we think may interest you;
g) to seek your feedback in relation to customer satisfaction and our relationship with you;
Cookies may record information about your visit, including the type of browser and operating system you use, the previous site you visited, your server’s IP address, the pages you access and the information downloaded by you. While this anonymous statistical data may be aggregated and used in broader statistical analysis by us and our web monitoring service provider to improve our services, at no time can we personally identify you as the source of that data. Your browser may allow you to disable cookies.
ACCURACY OF YOUR PERSONAL INFORMATION
Nebbia aims to ensure that all personal information held about you is collected and used in accordance with the National Privacy Principles. If you believe your personal information as held by Nebbia is not accurate, complete or otherwise requires amendment, please do not hesitate to contact Nebbia head office.
PERSONAL INFORMATION SECURITY
We have implemented appropriate physical, electronic and managerial security procedures in order to protect personal information from loss, misuse, alteration or destruction. Access to your personal information is limited to those who specifically need it to conduct their responsibilities.
DESTRUCTION OF PERSONAL INFORMATION
Nebbia providers takes reasonable steps to destroy or permanently de-identify your personal information where it is no longer required and to protect your personal information from unauthorised access, disclosure, loss, misuse and alteration.
ACCESS TO YOUR PERSONAL INFORMATION
Nebbia will give you access to your personal information which we hold about you. Your right to access your personal information as held by Nebbia is subject to certain exceptions allowed by law. Your right to access your personal information may be affected by matters such as:
a) the information being commercially sensitive to Nebbia or one of its service providers or customers;
b) access posing a threat to life or health of any individual;
c) access having an unreasonable impact on the privacy of others;
d) access being unlawful;
e) access prejudicing enforcement activities relating to criminal conduct or other breaches of law;
f) a frivolous or vexatious request by you or some other person on your behalf;
g) the existence of a legal dispute or potential legal dispute; and
h) denial of access being required or authorized by law.
If Nebbia denies you access to your personal information, we will provide a reason.
Other than the above, we will not disclose your personal information without your consent unless disclosure is either necessary to prevent a threat to life or health, authorised or required by law, reasonably necessary to enforce the law or necessary to investigate a suspected unlawful activity.
Nebbia may contain links to websites which are owned or operated by other parties. You should make your own enquiries as to the privacy policies of these parties. We are not responsible for information on, or the privacy practices of, such websites.
TRANSMISSION OF YOUR DATA
While care is taken to protect your personal information on the website, unfortunately no data transmission over the Internet is guaranteed as 100% secure. Accordingly, we cannot ensure or warrant the security of any information you send to us or receive from us online. This is particularly true for information you send to us via email as we have no way of protecting that information until it reaches us. Once we receive your personal information, we are required to protect it in accordance with the Act.
OPT-OUT IN RESPECT OF PROMOTIONAL MATERIAL
Nebbia acknowledges and respects its customers’ choice to “opt-out” of direct marketing communication activities undertaken by Nebbia. If as a customer you do not wish to receive promotional material from Nebbia, please contact Nebbia and indicate the particular promotional material you do not wish to receive. All emails, SMS and newsletters from this website allow you to opt-out of further mailings by clicking on the link or responding “unsubscribe”
OBTAINING MORE INFORMATION ABOUT YOUR PRIVACY
More information about your privacy rights, the Act or the National Privacy Principles is available from the The Office of the Australian Information Commissioner (OAIC)’s website at www.oaic.gov.au
RESOLVING YOUR PRIVACY CONCERNS