Privacy policy

This is the Privacy Policy for Performance K9 Pty Ltd ABN 69 658 085 413 dated 7 March 2021 ("Privacy Policy").

By agreeing to this Privacy Policy pursuant to our Website Terms and Conditions, or as otherwise contemplated by this Privacy Policy:

You consent to our collection, use, storage, disclosure, sharing, and means of protecting your information, including any Personal Information, in accordance with the terms of this Privacy Policy; and

This Privacy Policy applies to the Performance K9 Pty Ltd Website and all related sites, applications (including the Shepherd Australia App), Services, and tools regardless of how you access them; and

This Privacy Policy applies to any electronic communication that you have with Performance K9 Pty Ltd.

This Privacy Policy is available at https://shepherdaustralia.com/privacy-policy.

Definitions and interpretation

In this Privacy Policy capitalised terms have special meanings. Please refer to the Glossary in section 9 for the meanings of these terms.

Words such as "include", "including", "for example" "such as" and similar terms are not terms of limitation and do not limit the scope of the relevant subject.

Parties bound

You accept this Privacy Policy in the ways described in our Website Terms and Conditions.

In addition to clause 2.1 you accept this Privacy Policy in each of the following events:

you access the Shepherd Australia App;

you access the Website;

you submit any information to us using any feature (such as an enquiry form) on the Website or the Shepherd Australia App;

you purchase a product, service, or otherwise initiate a financial transaction with us, including on the Website or the Shepherd Australia App;

you send information to us using any Electronic Communication;

you respond to any survey, poll, or other request for information conducted by, or on behalf of Performance K9 Pty Ltd.

We may amend this Privacy Policy at any time by posting a revised version on the Website. The revised version will be effective at the earliest occurrence of any of the events that apply to you in clause 2.2, and if none of those occur prior, then the amended version will apply 7 days after we post the revised version on the Website. For avoidance of doubt, the current version will remain in effect until the amended version takes effect. It is your responsibility to review and satisfy yourself of the terms of this Privacy Policy from time to time.

To the extent that Performance K9 Pty Ltd is bound to comply with the Australia Privacy Principles ("APP"), nothing in this Privacy Policy is to be read to impose any obligation beyond our obligations under the Privacy Act 1988 (Cth). The information below describes how we comply with such obligations.

You are responsible for the accuracy of any information that you provide to us for any purpose.

Upon accepting this Privacy Policy its provisions apply to information about you that we hold, and any information about you that we collect in the future.

What are the kinds of information that we collect

The information may include Personal Information, data on the pages you access, device identifiers, your location, standard web log data, Services related data, and other information as described in the following paragraphs of this clause 3.

Personal Information

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 and does not identify a specific person (including a User). Personal Information has the meaning provided in the Privacy Act 1988 (Cth) from time to time, which at the time of writing is in the following form:

"information or an opinion about an identified individual, or an individual who is reasonably identifiable:

whether the information or opinion is true or not; and

whether the information or opinion is recorded in a material form or not."

Web log data

Web log data incudes the browser type you’re using and traffic to and from your browser or other access device.

In order to help protect you from fraud and misuse of your Personal Information, we may collect information about your use and interaction with the Website and Shepherd Australia App. For example, we may evaluate your computer, mobile phone or other access device to identify any malicious software or activity.

Services related data

Services related data includes:

data relating to the activities relating to your use of the Website, or

data relating to the activities relating to your use of the Shepherd Australia App; or

data relating to the activities relating to your use, or proposed use of our Services; or

details relating to any communication otherwise completed by, or in relation to, you through the Website, Shepherd Australia App, or use of our Services.

Enquiries

If you submit a query or other information on the Website, or contact us through any Electronic Communication, or you contact us by phone, we may collect the following types of information:

contact information, such as your name, address, phone, email and other similar information;

detailed Personal Information, such as your date of birth or other personal identifiers; or

information necessary to identify you or authenticate your access to our Services.

Payment data

We may collect data relating to payments made to us, payments made to our suppliers, and payments made to our customers using the Website, the Shepherd Australia App, or otherwise through access to our Services, and information relating to any related transaction, including orders, invoices, receipts, and other documentation relating to the goods or services to which the payment relates.

Intermediary data

To the extent that we deliver our Services to you through, or because of an introduction made by, another person (the intermediary), we may collect information about the intermediary, information the intermediary holds about you, and information about the relationship you have with the intermediary.

Customer data

If you use our Services for, or in relation to your customers, or we have authorised you to perform certain functions for us, or to provide your services to our customers, then we may collect information about you, your services, the customers, and your relationship with the customers.

Delivery and shipping data

To the extent that we need to deliver any goods or services to you then delivery or shipping data includes all information necessary to give effect to delivery of our goods or Services including:

Locations to which goods are to be delivered;

Locations to which our Services are to be delivered;

Locations or addresses (either physical or electronic) to which goods or Services are to be delivered, posted, or sent;

Information contained in or attributable to any documents required or produced by transport operators, common carriers, agents, or other associated service providers;

Information relating to import, or export, or transport of certain goods as required or permitted by law.

Third party data

In addition to the other types of data discussed above, we may also obtain any information about you from third parties such as credit bureaus, identity verification services, authentication services (for example if you use Single Sign-on), inbound marketing service providers, online marketing platforms (such as Google or Facebook), social media platforms, and providers of web-tracking data.

Other information

We may also collect additional information from or about you in other ways, such as through our support team, results when you respond to a survey or poll, and from interactions with any other person through the Website, through the Shepherd Australia App, through any of our social media accounts, or in person or through Electronic Communication in regard to our Services.

How do we collect and store information

Collection

We collect information that you provide to us when we communicate with you.

We collect information sent to us by your telecommunications carrier, internet provider, computer, mobile phone, or other access device when you:

contact us by phone;

receive or respond to messages from us, or send messages to us, using electronic systems including without limitation Electronic Communications or others;

download information, scripts, code, data, images, media, tokens, and other types of content from our servers;

navigate to the Website, or any related pages with web browser;

use the Shepherd Australia App;

submit any information using an enquiry form or by any other method provided on the Website;

otherwise use the Website to obtain information or Services from us.

We collect web-tracking information from third parties about your information, product, and service preferences.

Storage

We store and process your Personal Information and other information on our computers in Australia, and our contract service providers' computers in the United States of America, and other foreign countries including members of the European Union.

We do not store Payment Card Identification Data or Payment Card Authentication Data, these details are communicated directly to a PCIDSS compliant payment processor. The payment processor may store some of these data types, and the data stored by them will be subject to selections you make when initiating a payment. However, we may apply identifiers to any payment made by you, so that we can track, reconcile, and attribute any payment from you to our Services.

We may also store information on your computer or other access device using Cookies.

How do we use Cookies

When you access the Website or communicate with us electronically, we may place small data files on your computer, or other device. These data files may be cookies, pixel tags, tokens, or other local storage provided by your browser, Shepherd Australia App instance, or associated applications (collectively “Cookies”). We use Cookies to:

identify you as a User

enable functionality on and to customise the Website and related content;

measure promotional effectiveness;

mitigate risk and prevent fraud; and

to promote trust and safety with our Users and the Website.

We may use both session and persistent Cookies. Session Cookies expire and no longer have any effect when you end your session on the Website or close your browser. Persistent Cookies remain on your browser until you erase them or they expire.

We may encode our Cookies so that we can interpret the information stored in them. You are free to decline our Cookies if your browser or browser add-on permits, but doing so may interfere with your use of the Website

We have no control over third party Cookies

You may encounter Cookies on websites that we do not control, and we are not responsible for third party websites or systems. For example, if you access a third party website through a link on the Website, there may be one or more Cookies placed by the third party web page or an application within it.

Third party storage

We may engage third parties to deliver some or all of our Services to you. To the extent that a third party is responsible for delivering any of our Services, that third party may store your information on their systems for the purposes for which we have contracted with them.

What are the purposes for which we collect, hold, use and disclose information

Primary purpose

Our primary purpose in collecting Personal Information is to provide you with our Services (which includes the sale and delivery of goods) and information about our Services.

Secondary purposes

We may also use your Personal Information to (the secondary purposes):

send direct marketing to you (subject to clause 5.4);

provide the Website, the Shepherd Australia App, our Services, and customer support;

resolve disputes, collect fees, and troubleshoot problems;

prevent potentially prohibited or illegal activities, and enforce our Website Terms and Conditions, which can be viewed at https://shepherdaustralia.com/terms;

customise, measure, and improve the Website or Shepherd Australia App;

contact you:

at any telephone number, by placing a voice call or through text (SMS); or

by email messaging at any email address that you provide to us; or

by any means of Electronic Communication as requested or agreed by you; or

compare information for accuracy, and verify it with third parties; or

monitor activities related to our Services and delivery of our Services; or

analyse the use, utilisation, consumption, and other aspects relating to our Services and capacity to deliver our Services; or

forecast requirements for future delivery of our Services; or

audit, reconcile, and measure your use, and our delivery of our Services; or

develop plans, strategies and procedures for our business and Services; or

compile and report on data related to our Services; or

any other purposes that are essential or incidental to the primary purpose, and other secondary purposes set out above.

Consequences of not collecting information

If we cannot collect information from you for our primary purposes, and to the extent necessary our secondary purposes, it will likely be impossible for us to provide you with our Services, or information about our Services.

Direct marketing op-out

If you do not wish to receive marketing communication from us, outside of the Website and Shepherd Australia App then you may opt-out at any time by using the unsubscribe or opt-out feature contained in the communication that we send to you. Upon receipt of your opt-out request, we will no longer send you direct marketing information. Please note that such opt out does not affect any direct information request that you have made, or any correspondence relating to Services that we are providing to you, or may provide to you as a result of communication from you.

Combined data

We may combine information that we collect from you with information we collect from third parties and use it to improve our Services and personalise your experience on the Website or the Shepherd Australia App, personalise and optimise content served up or delivered to you, and personalise any advertising or marketing information displayed on our Website or sent to you by other means of communication.

Aggregated data used for business development

De-identified information generated by the Website and Shepherd Australia App, which includes data relating to your use, and use by others, of the Website and Shepherd Australia App, is used by us for our internal business development purposes.

Aggregated data used for reporting and other business purposes

De-identified information generated by our systems, which includes data relating to your use, and use by others, of our Services, is used by us to report on our business, and to deliver information products to third parties, including our customers.

How and to whom do we disclose information

General

We may share (disclose or receive) your Personal Information with the following persons, or classes of persons (each an Authorised Recipient).

Related Entities (as defined by the Corporations Act 2001 (Cth).

Service providers under contract who help with our business operations such as (not an exhaustive list) suppliers, subcontracted service providers, infrastructure providers; fraud prevention, bill collection, shipping and transport, marketing, analytics, tracking, and other technology services.

Network owners and operators, with whom we contract in relation to our Services.

Financial institutions (including banks), merchant service providers, payment gateway providers, card issuers (such as Visa and Mastercard), and other service providers involved in the processing of payments and delivery of services relating to transfer of funds between us, our customers, and our suppliers.

Regulators acting within their power and authority over any aspect of our business.

Companies that we plan to merge with or be acquired by. 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 could be used contrary to this policy, you will receive prior notice.

Law enforcement, government officials, or other third parties pursuant to subpoena, court order, or other legal process or requirements applicable to Performance K9 Pty Ltd or any of its affiliates.

To law enforcement agencies, or contracted investigators, when we believe, in our sole discretion, that the disclosure of Personal Information is necessary to prevent physical harm or financial loss, to report suspected illegal activity, or to investigate violations of our Website Terms and Conditions.

Other third parties with your consent or direction to do so.

We are not responsible for third parties or their websites

If you create an account, take membership on, or transact directly on a third party website or via a third party application, any information that you enter on that website or application will likely be shared with the owner of that website or application. These sites are governed by their own privacy policies and terms and conditions and you are encouraged to review their privacy policies before providing them with Personal Information. Performance K9 Pty Ltd is not responsible for the content or information practices of third parties.

We do not rent or sell your personal information to third parties for their marketing purposes.

Performance K9 Pty Ltd will not sell or rent any of your Personal Information to third parties for their marketing purposes without your permission.

Do we disclose information to recipients outside Australia

Yes. We disclose information to Authorised Recipients who may be in other countries where the laws on processing Personal Information may be less stringent than in Australia. However, we will take reasonable steps, including entering into agreements with the relevant parties, to ensure the third parties do not breach the Australian Privacy Principles in relation to your Personal Information.

By submitting information to us, or otherwise accepting this Privacy Policy you consent to us making such cross border disclosures. These cross border disclosures will occur in the United States of America, European Union, and may also occur in other countries.

How you may contact us about information we hold

How you may access information that we hold

You can request a copy of the information we hold by contacting our Privacy Officer at info@shepherdaustralia.com.

How you may seek to correct information that we hold

If you have questions or concerns regarding this Privacy Policy, you should contact us by:

email at info@shepherdaustralia.com; or

by post addressed to The Privacy Officer, Performance K9 Pty Ltd, PO Box 513, Samford Qld 4520; or

by phone on 0421 444 997,

and we will comply with our obligations to correct or destroy the relevant information, and if you request us to do so we will also notify any third parties to whom the information has been disclosed of the relevant correction or destruction of the information.

How you may make a complaint

If you have a privacy complaint, you should report it in writing by:

emailing our Privacy Officer at info@shepherdaustralia.com; or

by post addressed to The Privacy Officer, Performance K9 Pty Ltd, PO Box 513, Samford Qld 4520.

We aim to:

Acknowledge receipt of all complaints within 10 Business Days; and

Resolve all complaints within 20 Business Days, however, this may not be possible in all circumstances.

Where we cannot resolve a complaint within 20 Business Days, we will notify you of the reason for the delay as well as an indication of when we expect to resolve the complaint.

Glossary

In this Privacy Policy, the terms in bold in the left column in the following table have the corresponding meaning unless repugnant to the context.

APP

Any one or more of the Australian Privacy Principles as the context requires.

Authorised Recipient

A person to whom we are authorized to disclose your information under the terms of this Privacy Policy. Refer to clause 6.

Business Day

Any day that is not a Saturday or Sunday, or a gazetted public holiday within Queensland.

Cookies

Refer to clause 4.

Electronic Communication

Any means of communicating electronically, which includes without limitation:

Email;

Facsimile;

Any web chat service;

Any social media messaging service;

File sharing or document transmittal service;

Any video conferencing service;

Any other form of communication which is conducted using any internet connection, or other means of transmitting data, or streaming media.

Website Terms and Conditions

Our Website Terms and Conditions published on the Website from time to time. For the avoidance of doubt, if there is no document titled Website Terms and Conditions then any document published on the Website which imposes terms and conditions on use of, or access to the Website, and if more than one, then each of them.

HSM

Hardware Security Module.

Shepherd Australia App

Any application used on a mobile computing device (such as a phone, or tablet) authorized by us to access our products and services from time to time. Reference to Website includes a reference to Shepherd Australia App.

Performance K9 Pty Ltd

Performance K9 Pty Ltd ABN 69 658 085 413

PAN

A reference to Primary Account Number, which is a unique identifier for a payment card or similar payment facility.

Payment Card Identification Data

Data used to identify a payment card, including:

PAN;

Expiry Date;

Service Code;

Cardholder Name,

but excludes any Payment Card Authentication Data.

Payment Card Authentication Data

Data used to authenticate the validity of a payment card, including:

the card security code (CSC2) or the card verification code (CVC2) or card verification value (CVV2); and

any cardholder pin; and

any other chip or magnetic stripe value.

Personal Information

Refer to clause 3.2.

Privacy Policy

This document, or any previous version, or future variation or replacement as the case requires.

Schedule

The schedule attached at the beginning of this Policy, if any.

Services

Any service that is, or may be, provided by Us.

User

A visitor to the Website.

Website

Our website which may be accessed at: https://shepherdaustralia.com

Reference to Website includes a reference to Shepherd Australia App as the case requires.