Privacy Policy, Terms & Conditions

Who we are

Our corporate website address is: www.omniqpon.com

OmniQpon Privacy Policy – Australia

In this Privacy Policy, ‘us’ ‘we’ or ‘our’ means OmniQpon Pty Ltd ACN 642 093 650 of Unit 13, 13-15 Burns Road, Heathcote NSW 2233 and our related bodies corporate, including Generate Group Pty Limited ACN 072 667 228. We are committed to respecting your privacy. Our Privacy Policy sets out how we collect, use, store and disclose any personal information which we collect about individuals that is necessary and incidental to the provision of systems and services which we offer; and the normal day-to-day operations of our business. This Privacy Policy follows the Australian Privacy Principles contained in the Privacy Act 1988 (Cth) (Privacy Act).

By providing personal information to us, you consent to our collection, use and disclosure of your personal information in accordance with this Privacy Policy and any other arrangements that apply between us. We may change our Privacy Policy from time to time by publishing changes to it on our website. You should check our website periodically to ensure that you are aware of our current Privacy Policy. Any change to the Privacy Policy applies from the date we post it on our website. By continuing to use our website and/or using our goods or services, after the publication of any new/amended Privacy Policy, you are agreeing to be bound by the new/amended Privacy Policy.

Personal information includes information or an opinion about an identified individual, or an individual that is reasonably identifiable, as defined in the Privacy Act (“Personal Information”). For example, this may include your name, age, gender, postcode and contact details. It may also include financial information, including your credit card information.

We handle Personal Information in our own right and also for and on behalf of our customers and users.

Our Privacy Policy does not apply to information we collect about businesses or companies; however it does apply to information about the people in those businesses or companies. 

The Privacy Policy applies to all forms of information, physical and digital, whether collected electronically or in hardcopy.

If, at any time, an individual provides Personal Information or other information about someone other than their self, the individual warrants that they have that person’s consent to provide such information for the purposes specified.

What personal information do we collect?

We may collect the following types of Personal Information, which we will maintain in accordance with this Privacy Policy:

• name;
• mailing or street address;
• email address;
• telephone number and other contact details;
• age or date of birth;
• credit card information;
• your 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;
• details of the products and/or services we have provided to you or that you have enquired about, including any additional information necessary to deliver those products and/or services and respond to your enquiries;
• any additional information relating to you that you provide to us directly through our website or app or indirectly through your use of our website or app or online presence or through other websites or accounts from which you permit us to collect information;
• information you provide to us through customer surveys; or
• any other personal information that may be required in order to facilitate your dealings with us.

Where non-Personal Information is collected the Australian Privacy Principles does not apply.

How do we collect Personal Information?

We may collect these types of Personal Information either directly from you, or from third parties. We may collect this information when you: 

• register on our website;
• communicate with us through correspondence, chats, email, or when you share information with us from other social applications, services or websites;
• interact with our sites, services, content and advertising; or
• invest in our business or enquire as to a potential purchase in our business.

In addition, when you apply for a job or position with us we may collect certain information from you (including your name, contact details, working history and relevant records checks) from any recruitment consultant, your previous employers and others who may be able to provide information to us to assist in our decision on whether or not to make you an offer of employment or engage you under a contract. This Privacy Policy does not apply to acts and practices in relation to employee records of our current and former employees, which are exempt from the Privacy Act.

As there are many circumstances in which we may collect information both electronically and physically, we will endeavour to ensure that an individual is always aware of when their Personal Information is being collected.

Why do we collect, use and disclose Personal Information?

We may collect, hold, use and disclose your Personal Information for the following purposes:

• to enable you to access and use promotions conducted by our customers;
• to enable you to access and use our website and associated services which may include an app;
• to operate, protect, improve and optimise our website, our products and services, business, our customer’s businesses and our users’ experience, such as to perform analytics, conduct research and for advertising and marketing;
• to send you service, support and administrative messages, reminders, technical notices, updates, security alerts, and information requested by you;
• to send you marketing and promotional messages and other information that may be of interest to you, including information sent by, or on behalf of, our business partners that we think you may find interesting;
• To send you other information which you may from time to time request;
• to administer rewards, surveys, contests, or other promotional activities or events sponsored or managed by us or our business partners;
• to comply with our legal obligations, resolve any disputes that we may have with any of our customers and users, and enforce our agreements with third parties; and
• to consider your employment application. 

            We may also disclose your Personal Information to a trusted third party who also holds other information about you. This third party may combine that information in order to enable it and us to develop anonymised consumer insights so that we can better understand your preferences and interests, personalise your experience and enhance the products and services that you receive.

Do we use your personal information for direct marketing?

We and/or our carefully selected business partners may send you direct marketing communications and information about our services and products and our partners’ services and products. This may take the form of emails, SMS, mail or other forms of communication, in accordance with the Spam Act and the Privacy Act. You may opt-out of receiving marketing materials from us by contacting us using the details set out below or by using the opt-out facilities provided (e.g. an unsubscribe link on our website or at the footer of any communications we send).

To whom do we disclose your Personal Information ?

We may disclose Personal Information for the purposes described in this Privacy Policy to:

• our employees and related bodies corporate;
• third party suppliers and service providers (including providers for the operation of our websites and/or our business or in connection with providing our products and services to you);
• professional advisers, dealers and agents;
• payment systems operators (e.g. merchants receiving card payments); 
• our existing or potential agents, business partners or partners;
• our sponsors or promoters of any competition that we conduct via our services;
• anyone to whom our assets or businesses (or any part of them) are transferred;
• specific third parties authorised by you to receive information held by us; and/or
• other persons, including government agencies, regulatory bodies and law enforcement agencies, or as required, authorised or permitted by law.

Disclosure of Personal Information outside Australia

            We may disclose personal information to organisations outside of Australia such as third party suppliers, cloud service providers and business partners.

            When you provide your Personal Information to us, you consent to the disclosure of your information outside of Australia and acknowledge that we are not required to ensure that overseas recipients handle that Personal Information in compliance with Australian Privacy Law.  We will, however, take reasonable steps to ensure that any overseas recipient will deal with such Personal Information in a way that is consistent with the Australian Privacy Principles.

Using our website and cookies

We may collect Personal Information about you when you use and access our website.

While we do not use browsing information to identify you personally, we may record certain information about your use of our website, such as which pages you visit, the time and date of your visit and the internet protocol address assigned to your computer. 

We may also use ‘cookies’ or other similar tracking technologies on our website that help us track your website usage and remember your preferences. Cookies are small files that store information on your computer, TV, mobile phone or other device. They enable the entity that put the cookie on your device to recognise you across different websites, services, devices and/or browsing sessions. You can disable cookies through your internet browser but our websites may not work as intended for you if you do so.

We may also use cookies to enable us to collect data that may include Personal Information. For example, where a cookie is linked to your account, it will be considered Personal Information under the Privacy Act. We will handle any Personal Information collected by cookies in the same way that we handle all other Personal Information as described in this Privacy Policy. 

Security

We may appoint a Privacy Officer to oversee the management of this Privacy Policy and compliance with the Privacy Act. This officer may have other duties within our business and also be assisted by internal and external professionals and advisors.

We may hold your Personal Information in either electronic or hard copy form. We take reasonable steps to protect your Personal Information from misuse, interference and loss, as well as unauthorised access, modification or disclosure and we use a number of physical, administrative, personnel and technical measures to protect your Personal Information. This includes appropriately securing our physical facilities and electronic networks. However, we cannot guarantee the security of your Personal Information. 

We are not responsible for the privacy or security practices of any third party (including third parties that we are permitted to disclose an individual’s Personal Information to in accordance with this policy or any applicable laws), unless otherwise required by the Privacy Act. The collection and use of an individual’s information by such third parties may be subject to separate privacy and security policies.

Links

Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we are not responsible for the privacy practices of, or any content on, those linked websites, and have no control over or rights in those linked websites. The privacy policies that apply to those other websites may differ substantially from our Privacy Policy, so we encourage individuals to read them before using those websites.

Accessing or correcting your Personal Information

Subject to the Australian Privacy Principles, you can access the Personal Information we hold about you by contacting us using the information set out in “Contact Us” section. Sometimes, we may not be able to provide you with access to all of your Personal Information and, where this is the case, we will tell you why. We may also need to verify your identity when you request your Personal Information. We have an obligation to provide you with such information as soon as practicable, and by no later than 28 days of receiving the written request.

If you think that any Personal Information we hold about you is inaccurate, please contact us and we will take reasonable steps to ensure that it is corrected.

Making a complaint

If you think we have breached the Privacy Act, or you wish to make a complaint about the way we have handled your Personal Information, you can contact us using the details set out in “Contact Us” section. Please include your name, email address and/or telephone number and clearly describe your complaint. We will acknowledge your complaint and respond to you regarding your complaint within a reasonable period of time. If you think that we have failed to resolve the complaint satisfactorily, we will provide you with information about the further steps you can take. 

If we become aware of any unauthorised access to an individual’s Personal Information, we will inform them at the earliest practical opportunity once we have established what was accessed and how it was accessed.

Contact Us

            For further information about our Privacy Policy or practices, or to access or correct your personal information, or make a complaint, please contact us using the details set out.

            The Privacy Officer

            Unit 13, 13-15 Burns Road, Heathcote NSW 2233 119 Evans Street Rozelle, NSW 2039

            privacy@omniqpon.com

Additions to this policy

If we decide to change this Privacy Policy, we will post the changes on our webpage at https://www.omniqpon.com/.  Please refer back to this Privacy Policy to review any amendments.

We may implement measures in addition to what is stated in this Privacy Policy to comply with the Australian Privacy Principles, and nothing in this Privacy Policy shall deem us to have not complied with the Australian Privacy Principles.

Effective: 16 March 2022

Terms & Conditions
OmniQpon Promo with Super Cellars – Banksia Store – $5 Off 30 Can Pack Tooheys New (“Conditions of Entry”)

Promotion:

OmniQpon Promo with Super Cellars – Banksia Store – $5 Off 30 Can Pack Tooheys New

Promoter:

SuperCellars Banksia. 286 Princes Highway Banksia NSW 2216

Promotional Period:

Start date: 20/04/2022 at 09:00 am AEDT

End date: 03/05/2022 at 11:59 pm AEDT or once all stock available is exhausted

Eligible claimants:

Claims are only open to Australian residents who are 18 years and over.

How to Claim:

To claim the offer, the claimant must, during the Promotional Period, while stocks last:

• visit the promotional website (via scanning the QR code featured in any eligible ad relating to the “Super Cellars – Banksia Store – $5 Off 30 Can Pack Tooheys New” offer using a compatible smart phone device);
• fully complete the OmniQpon registration form with their personal details (first name, last name and mobile phone number);
• upon submission, the claimant will be sent the gift – discount voucher via SMS with a wallet pass link;
• the claimant must click on the link to download their promotional wallet pass and save the pass to their phone; and
• then scan their $5 promotional wallet pass at the point of purchase in store at Super Cellars – Banksia store to redeem.

Claims permitted:

Only one (1) eligible claim per person per calendar day will be accepted.

Gift Details:

Gift Description

Winning Method

The gift is a discount voucher which allows the claimant to purchase a 30 can pack of Tooheys New from the Super Cellars Banksia store for $5 off the marked RRP. The discount voucher applies to the following products and packs only: Tooheys New 30 375ml can pack The discount voucher is valid until 11:59pm AEDT on 03/05/2022. Any ancillary costs associated with redeeming the voucher are not included. Redemption of the voucher is subject to any terms and conditions of the issuer including those specified on the voucher.

Offer

Further Conditions:

1. The claimant agrees and acknowledges that they have read these Conditions of Claim (and Schedule) and that claiming a gift in the Promotion is deemed to be acceptance of these Conditions of Claim (and Schedule). Any capitalised terms used in these Conditions of Claim have the meaning given in the Schedule, unless stated otherwise. Offer not valid in conjunction with any other offer.
2. The Promotion commences on the Start Date and ends on the End Date (“Promotional Period”). Claims are deemed to be received at the time of receipt by the Promoter and not at the time of transmission or deposit by the claimant. Records of the Promoter and its agencies are final and conclusive as to the time of receipt.
3. Valid and eligible claims will be accepted during the Promotional Period, while gift stocks last.
4. Employees (and their immediate family members) of agencies/companies directly associated with the conduct of this Promotion, the Promoter, businesses involved in the management of the Promotion, any organisation benefiting from the Promotion, the Promoter’s distributors, suppliers, subsidiary companies/businesses and associated companies and agencies are eligible to claim. “Immediate family member” means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.
5. The value of the gifts is accurate and based upon the recommended retail value of the gifts (inclusive of GST) at the date of printing. The Promoter accepts no responsibility for any variation in the value of the gifts after that date.
6. No part of a gift is exchangeable, redeemable for cash or any other gift or transferable, unless otherwise specified in writing by the Promoter.
7. Each gift will be awarded to the person named in the claim and any claim that is made on behalf of a claimant or by a third party will be invalid. If there is a dispute as to the identity of a claimant, the Promoter reserves the right, in its sole discretion, to determine the identity of the claimant.
8. Claimants’ personal information will be collected by the Promoter. Personal information will be stored on the Promoter’s database. The Promoter is bound by the Australian Privacy Principles in accordance with the Privacy Act 1988 (Cth) and its privacy policy which is located at https://www.lionco.com/legal/privacy-policy. The Promoter’s privacy policy contains information about how the entrant may access, update and seek correction of the personal information the Promoter holds about them and how the entrant may complain about any potential breach by the Promoter of the Australian Privacy Principles or any other Australian privacy laws and how such complaints will be dealt with. The Promoter collects personal information about claimants to enable them to participate in this Promotion and may disclose the claimants’ personal information to third parties including its contractors and agents, prize suppliers and service providers to assist in conducting this Promotion. If the claimant does not provide their personal information as requested, they may be ineligible to enter or claim a prize in the Promotion. Personal information collected from claimants will not be disclosed to any entity located outside of Australia.
9. If a gift is provided to the Promoter by a third party, the gift is subject to the terms and conditions of the third party gift supplier and the provision of the gift is the sole responsibility of the third party and not the Promoter. The terms and conditions which apply to the gift at the time it is issued to the claimant will prevail over these Conditions of Claim, to the extent of any inconsistency. The Promoter accepts no responsibility or liability for any delay or failure by the third party to deliver the gift, any delay or failure relating to the gift itself or failure by the third party to meet any of its obligations in these Conditions of Claim or otherwise.
10. The Promoter supports the responsible service of alcohol and encourages consumers to enjoy alcohol responsibly. Entrants will be refused service of alcohol or provision of an alcohol beverage if it would breach any laws, codes or policies including those of the relevant liquor licensee relating to the responsible service of alcohol. Legal aged consumers are advised to consider the safe drinking levels recommended in the National Health and Medical Research Council Australian Guidelines to Reduce Health Risks from Drinking Alcohol. A full version of these Guidelines is available at https://nhmrc.gov.au/about-us/publications/australian-guidelines-reduce-health-risks-drinking-alcohol. Please refer to the GL4001 ‘Liquor promotion guidelines’ and GL4003 ‘Intoxication guidelines’ at liquorandgaming.justice.nsw.gov.au.
11. Any guarantee or warranty given is in addition to any relevant statutory guarantees and warranties and nothing in these Conditions of Claim restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth).
12. If for any reason any aspect of this Promotion is not capable of running as planned, including by reason of computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any cause beyond the control of the Promoter, the Promoter may in its sole discretion cancel, terminate, modify or suspend the Promotion and invalidate any affected entries, or suspend or modify a gift.
13. The Promoter reserves the right, at any time, to validate and check the authenticity of claims and claimant’s details (including a claimant’s identity, age and place of residence). In the event that a claimant cannot provide suitable proof as required by the Promoter to validate their entry, the claimant will forfeit the gift in whole and no substitute will be offered. Incomplete, indecipherable, inaudible, incorrect and illegible claims, as applicable, will at the Promoter’s discretion be deemed invalid and not eligible to claim a gift. Claims containing offensive or defamatory comments, or which breach any law or infringe any third party rights, including intellectual property rights, are not eligible to claim a gift. The use of any automated entry software or any other mechanical or electronic means that allows an individual to automatically claim repeatedly is prohibited and may render all claims submitted by that individual invalid. The Promoter reserves the right to disqualify any individual who provides false information, fails to provide information, conspires with others to gain an unfair advantage or is otherwise involved in any conduct that involved manipulating, interfering or tampering with this Promotion or otherwise preventing the conduct of the Promotion as intended by the Promoter.
14. The Promoter reserves the right to disqualify claims in the event of non-compliance with these Conditions of Claim. In the event that there is a dispute concerning the conduct of the Promotion or claiming a prize, the Promoter will resolve the dispute in direct consultation with the claimant. If the dispute cannot be resolved the Promoter’s decision will be final.
15. The Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person’s negligence or wilful misconduct) in connection with this Promotion or accepting or using any gift (or recommendation), except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
16. The claimant will participate in and co-operate as required with all reasonable marketing and editorial activities relating to the Promotion, including (but not limited to) being recorded, photographed, filmed or interviewed and acknowledges that the Promoter may use any such marketing and editorial material without further reference or compensation to them.
17. The Promoter accepts no responsibility for any tax implications and the claimant must seek their own independent financial advice in regards to the tax implications relating to the gift or acceptance of the gift.
18. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of these rights.