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Privacy Policy

MATTHEW ELY LIABILITY TO YOU

The only warranties, conditions or other terms that are binding on Matthew Ely Jewellers are those expressly stated on this site. To the extent permitted by law, any term concerning the products or any service that Matthew Ely Jewellers provides to you which might otherwise be implied into or incorporated into these terms for the purchase and supply of product, whether by statute, common law or otherwise (including without limitation any implied term as to quality or fitness for purpose) is excluded.

If a product does not comply with an applicable consumer guarantee set out in Division 1 of Part 3-2 of the Australian Consumer Law. (Consumer Guarantee), You have rights and remedies under the Australian Consumer Law. Nothing on this site excludes, restricts or modifies the operation of, or any right or remedy that you might have under, any applicable Consumer Guarantee and the Australian Consumer Law (ACL).

Subject to the previous paragraph:

  • Matthew Ely will not be liable to you for any loss if caused by a delay in Matthew Ely Jewellers fulfilling or any failure to fulfil or otherwise discharge any of its obligations under the terms on this site, if the delay or failure is caused by anything beyond Matthew Ely Jewellers reasonable control;
  • Matthew Ely Jewellers will not be liable to you for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, and
  • Matthew Ely Jewellers maximum aggregate liability to you whether in contract, tort (including negligence) or otherwise will not exceed the amount payable by you to Matthew Ely Jewellers in respect of the product or products for which the liability arises.

 PRIVACY & SECURITY

Matthew Ely Jewellers PTY LTD (ABN 74 165 512 247) of 92 Queen St, Woollahra NSW 2025 tel: +61 2 9328 1555, email: eboutique@matthewely.com.au is committed to protecting the privacy of customers' personal information.  We take all reasonable steps to follow practices and procedures that:

  • Ensure we comply with the Australian Privacy Principles (APPs) and any privacy code applying to us; and
  • Allow us to deal with enquiries and complaints about our compliance with the APPs and any applicable privacy code.

We may update this Privacy Policy from time to time, so we suggest you check the policy regularly to make sure you have up-to-date information.

If you are under sixteen, you must get permission from your parent or guardian before you:

  • Complete any forms, questionnaires or surveys for us; or
  • Accept any special offers or make any purchases from us.

WHY WE NEED TO COLLECT PERSONAL INFORMATION

Under the Privacy Act 1988 (Cth), 'personal information' means "information or an opinion about an identified individual, or an individual who is reasonably identifiable". The information/ opinion does not have to be recorded in writing or be true.

We collect personal information from customers so that we can:

  • Provide online shopping services;
  • Provide bespoke jewellery;
  • Make design and size recommendations;
  • Review, assess and improve our products and services;
  • Research and develop new products;
  • Market our products and services; and
  • Analyse and predict customer behaviour
  • Provide introductions and collaboration opportunities with other brands and concepts
  • Suggest competition and social engagement opportunities.

HOW WE COLLECT PERSONAL INFORMATION

We collect personal information directly from you when you:

  • Fill in a form, questionnaire or survey on matthewelyeboutique.com.au or another of our websites; or
  • make a purchase from us.

When you visit www.matthewelyeboutique.com.au or another of our websites, information relating to your visit and how you use the site may be collected (e.g. your IP address, the web pages you visit, and the length of your visit). Some of this may be personal information. We may use a third party service provider to collect and store information about use of our website(s). That third party may use cookies to provide its services (see "About Cookies" in section 11).

THE KINDS OF PERSONAL INFORMATION WE COLLECT

We may collect:

  • Your name, age and email address;
  • Your billing and shipping addresses;
  • Information about your purchases (including category and designs ordered);
  • Images (of you or otherwise) that are uploaded to our websites or social media channels and electronic newsletters that we distribute;
  • Your credit or debit card details when buying from us online.

When you use a credit or debit card to buy from us online, your details are automatically transferred to a third party website for payment processing. Note that the privacy policy of the payment processor will apply to the card information you supply when completing the transaction.

HOW WE USE YOUR PERSONAL INFORMATION AND WHO WE DISCLOSE IT TO

We use your personal information to:

  • Provide our services to you (including our online shopping and bespoke jewellery services);
  • Make style and size recommendations to you;
  • Respond to any enquiries or complaints you may make;
  • Review, assess and improve our products and services;
  • Research and develop new products; and
  • Carry out direct marketing and social media marketing activities (including posting); and
  • Help us analyse and predict consumer behaviour (but only where the information is aggregated and anonymous).

MARKETING CONSENT AND OPT OUT

By agreeing to our website terms and conditions you are consenting to us using your personal information for direct marketing and social media marketing. At any time, you can request us to stop sending you marketing communications. Simply email eboutique@matthewely.com.au, click the “unsubscribe” function on any Electronic Direct Mail, or telephone +61 2 9328 1555.

DISCLOSURE TO THIRD PARTIES

We do not sell or rent our customers' names, addresses, email addresses or other personal information to third parties. We will only disclose your personal information as permitted by the APPs and as described in this Privacy Policy. We may disclose your personal information to: (a) a company that is "related "to us under the Corporations Act 2001(Cth) (but only for one of the purposes listed at the beginning of this section 4); (b) third parties we engage to help us provide our products and services , or to improve them (e.g. website designers and technical support providers); (c) third parties that provide us with marketing and advertising services (e.g. providers of electronic mail out services); (d) selected third parties who have agreed to work with us to make a joint product/ service offering to you, and who are under strict contractual obligations to treat your personal information confidentially); and (e) a third party that is taking over the assets or operations of one or both of us. 

CONSENT TO DISCLOSURES 

By agreeing to our website terms and conditions, you are consenting to us making the disclosures in (a)-(e) above. Without your consent to these disclosures of your personal information, we will unfortunately be unable to provide you with our online services.

DISCLOSURE OUTSIDE AUSTRALIA

We may transfer and store your personal information outside of Australia. We only do so as permit by the APPs and as described in this Privacy Policy. We will take reasonable steps to protect your personal information where overseas disclosure is required.

HOW TO ACCESS AND CORRECT PERSONAL INFORMATION

REQUESTS 

You can access and correct the personal information we hold about you:

By contacting us directly and requesting that we give you access and/ or make a correction email: eboutique@matthewely.com.au, telephone +61 2 9328 1555 or write to us at:

Matthew Ely Jewellers

92 Queen St,

Woollahra NSW 2025

Australia

We will respond to requests for access to/ correction of personal information within a reasonable time.

 ACCESS

If it's reasonable and practicable to do so, we will give access to the information in the manner you request. However, we may not give you access if we are not obliged to under the APPs. Please note, it's free to make an access request, but we may charge you a fee when you access the information.

CORRECTION

If you request us to correct personal information we hold about you, we will take reasonable steps to make the correction so that, taking into account the purpose for which we hold the personal information, the information is accurate, up-to-date, complete, relevant and not misleading. If:

  • We make a correction to personal information about you; and
  • Before making the correction we had disclosed the information to another entity that is covered by the APPs; and
  • You request us to notify the other entity of the correction, we will take reasonable steps to give that notification, unless it is impracticable or unlawful for us to do it.

 REFUSALS

If we refuse to:

  • Allow you access to the personal information we hold about you; or
  • Give access in the manner you request; or
  • Correct personal information about you as you request, we will write to you explaining at least:
  • The reasons for our refusal (unless it would be unreasonable for us to give them); and
  • How you can complain about the refusal.

If we refuse to correct personal information as requested by you, you may request us to associate with the information a statement that it is inaccurate, out-of-date, incomplete, irrelevant or misleading. We will then take reasonable steps to associate the statement with the information in a way that makes the statement apparent to users of the information. 

HOW TO COMPLAIN ABOUT OUR TREATMENT OF YOUR PERSONAL INFORMATION

You can complain about a breach by us of the APPs or a registered privacy code, by emailing eboutique@matthewely.com.au, telephone+61 2 9328 1555 or write to us at:

Matthew Ely Jewellers

92 Queen St,

Woollahra NSW 2025

Australia

Initially your complaint will be handled by our Customer Service Team, in accordance with established protocols for the particular type of complaint. If no handling protocol exists for your complaint, it will be referred to the relevant business owner for follow-up.

SECURITY

We will take reasonable steps to protect the personal information we hold from:

  • Misuse, interference and loss; and
  • Unauthorised access, modification or disclosure.

We make every effort to follow industry standard security measures for personal information under our control. All financial information is encrypted during transmission, and we self-certify against industry security standards for payment processing. Only authorised staff and consultants have access (on a restricted basis) to the personal information we collect. We regularly review developments in security and encryption technologies. Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Accordingly, although we endeavour to protect information you transmit to us, we cannot ensure or warrant the security of that information, and you transmit it at your own risk. You may be able to configure your browser to advise you whether the information you are sending us will be secure (encrypted) or not secure (unencrypted). Once we receive your transmission, we take reasonable steps to protect the information on our own systems. For more information, you might like to refer to the OAIC Guide to Information Security, at: https://www.oaic.gov.au/privacy/privacy-resources/privacy-guides/guide-to-information-security

WHAT HAPPENS IF YOU DON'T PROVIDE THE PERSONAL INFORMATION WE REQUEST

If you do not provide personal information as requested by us we may not be able to respond to an enquiry or provide some or all of our online services.

DESTRUCTION AND DE-IDENTIFICATION OF PERSONAL INFORMATION

We will take reasonable steps to destroy or de-identify personal information if:

  • We no longer need to use or disclose the information in any of the ways we are entitled to use or disclose it under the APPs; and
  • We are not legally required to keep the information.

OTHER MATTERS

UNSOLICITED INFORMATION 

If we receive unsolicited personal information about you, which we would not have been entitled to collect under the APPs, we will destroy or de-identify that information if it is lawful and reasonable for us to do so.

ABOUT COOKIES

Web pages on www.matthewelyeboutique.com.au or another of our websites may use 'cookies'. These are small files that are placed on your hard disk for data-collection purposes. Like an IP address, a cookie helps a website remember who you are. Cookies can make your subsequent visits to a website more seamless. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether or not to accept it. However, by not accepting cookies, some web pages may not display properly or you may not be permitted to access certain information.

GOVERNMENT-RELATED IDENTIFIERS

We will not adopt, use or disclose any identifier that has been issued by a government or government agency in relation to any individual or personal information.

COPIES OF PRIVACY POLICY

If a person or entity requests a copy of this Privacy Policy in a particular form, we will take reasonable steps to comply with that request.