Privacy Policy

1. PURPOSE OF OUR POLICY

1.1 Smos Group Pty Ltd (ACN 674 879 111) trading as Somiano (“we”, “us”, “our”) has adopted this Privacy Policy to set the standards that protect the personal information we collect in the course of running our business and providing our services.
1.2 By accepting this Privacy Policy and our Website Terms & Conditions, you consent to our collection, use and disclosure of your personal information as described here.
1.3 We publish this Policy so you can easily understand what we collect, why we collect it, how we obtain it and the rights you have over it.
1.4 This Policy follows the requirements of the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs).

2. WHO AND WHAT THIS POLICY APPLIES TO

2.1 This Policy covers “personal information” — information that identifies (or could reasonably identify) an individual. It applies to all formats (digital and hard copy). It does not cover information about companies, except to the extent that information identifies individuals within those companies.
2.2 If you give us information about someone else, you warrant you have their consent to do so for the stated purpose.
2.3 Our website and services are not available to persons under 18 years of age.

3. THE INFORMATION WE COLLECT

3.1 In running our business, we may collect:
(a) Identity information – name, location, date of birth, nationality, licences/registrations, employment details, usernames, etc.
(b) Contact information – email, phone/fax numbers, residential/business/postal addresses, usernames and similar.
(c) Financial information – bank/credit card details (processed via secure gateways), transaction values and other data needed to transact with you.
(d) Statistical information – online/offline preferences, habits, movements, trends, purchases and other analytics.
(e) Information you send us – any personal correspondence you send, or others send to us about you.
3.2 We may collect other personal information as needed and will handle it in line with this Policy.
3.3 We may also collect non-personal technical data (e.g. IP address, browser details). The APPs do not apply to non‑personal information.

4. HOW YOUR INFORMATION IS COLLECTED

4.1 We generally collect information when you use, enquire about or deal with our services. We may also receive it from advertising, your own promotions, public records, mailing lists, contractors, staff, recruiters and partners. In particular:
(a) Registrations/Subscriptions – when you sign up or enter details to access or receive something (including a transaction).
(b) Memberships – when you apply to become a member or create an account.
(c) Supply – when you supply goods/services to us.
(d) Contact – when you contact us by any method.
(e) Access – when you access us physically (sign-in details) or digitally (cookies/analytics when you visit our site – you can set your browser to accept or reject cookies).
4.2 We will endeavour to make you aware whenever your personal information is being collected.
4.3 If you use any review or community features on our site, information you post that identifies you can be read by others. We are not responsible for what you share there.
4.4 To request removal of personal information from a review, email hello@somiano.com.au. We may decline removal and will advise why if so.

5. WHEN YOUR PERSONAL INFORMATION IS USED & DISCLOSED

5.1 We will not use your personal information for purposes other than those for which it was collected, unless you consent or the law allows.
5.2 We keep your information only as long as necessary for the purposes in this Policy, unless a longer period is required or permitted by law.
5.3 We use your information to operate our business, which may include:
(a) Providing goods and services between you and us.
(b) Verifying your identity.
(c) Communicating with you about:
    i. your relationship with us
    ii. our goods and services
    iii. marketing and promotions
    iv. competitions, surveys and questionnaires
(d) Investigating complaints or suspected breaches of our terms or the law.
(e) As required or permitted by law (including the Privacy Act).
5.4 You consent to us disclosing personal information to third parties as needed to run our business, in compliance with the APPs, including for investigations of conduct relating to your relationship with us or possible legal breaches.
5.5 We do not sell your personal information to unrelated third parties.
5.6 We may disclose your information:
(a) as part of a sale or proposed sale of our business;
(b) if we reasonably believe you are engaged in fraudulent, deceptive or unlawful activity that should be reported;
(c) as required or permitted by law.
5.7 We will not disclose your personal information to an overseas entity in a jurisdiction without similar privacy protections unless we ensure equivalent safeguards or obtain your consent.

6. OPTING “IN” OR “OUT”

6.1 You may choose not to provide personal information. This may limit our ability to offer some or all services to you. You will know when:
(a) Opt In – you choose to have information collected/receive communications.
(b) Opt Out – you choose to exclude yourself from certain collection/communications.
6.2 If you believe you received communications from us without opting in (or after opting out), contact us.
6.3 All marketing emails contain an unsubscribe link. Once you unsubscribe, you will not receive marketing emails from us again. Our servers may receive a confirmation when you open emails to help us improve relevance.

7. SAFETY & SECURITY OF YOUR PERSONAL INFORMATION

7.1 We take reasonable steps to protect personal information from unauthorised access (secure facilities, networks and procedures).
7.2 We may appoint a Privacy Officer to manage this Policy and compliance. They may be supported by internal/external advisers.
7.3 You acknowledge online/postal transmission can’t be guaranteed secure. You provide information at your own risk. We are not responsible for misuse/loss/unauthorised access where security is outside our control.
7.4 We are not responsible for privacy/security practices of third parties (including those we may disclose to, as permitted). Their collection/use is subject to their policies.
7.5 If you suspect misuse, loss or unauthorised access, notify us immediately.
7.6 We are not liable for loss/damage/claims arising from another person’s use of materials.

8. HOW TO ACCESS AND/OR UPDATE YOUR INFORMATION

8.1 You may request access to the personal information we hold about you. We will provide it within 28 days of a written request.
8.2 If you have an online account, you can usually update your details directly there.
8.3 You must provide accurate and truthful information. We are not liable for incorrect information you supply.
8.4 We may charge a reasonable fee to cover costs in fulfilling your access request.

9. COMPLAINTS AND DISPUTES

9.1 Send privacy complaints in writing to the contact below.
9.2 If a dispute arises, we both agree to attempt to resolve it directly first.
9.3 If we become aware of unauthorised access to your personal information, we will inform you as soon as practicable after determining what was accessed and how.

10. CONTACTING US

10.1 Address all privacy correspondence to the Privacy Officer.
10.2 First contact is by email: hello@somiano.com.au

11. ADDITIONS TO THIS POLICY

11.1 Changes to this Policy will be posted on this page. Please check back for updates.
11.2 We may take additional steps not stated here to comply with the APPs; nothing in this Policy limits that compliance.

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