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Privacy policy

This Privacy Policy applies to all personal information collected by Merry Heart Pty Ltd (ABN 36674214352) t/a Merry Heart CBR via the website located at https://merryheartcbr.com.au/ .

  1. What is “personal information”?
  • The Privacy Act 1988 (Cth) currently defines “personal information” as meaning 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.
  • If the information does not disclose your identity or enable your identity to be ascertained, it will in most cases not be classified as “personal information” and will not be subject to this privacy policy.
  1. What information do we collect?

The kind of personal information that we collect from you will depend on how you use the website. The personal information which we collect and hold about you may include: name, address, phone number, email, and other tracking information.

  1. How we collect your personal information
  • We may collect personal information from you whenever you input such information into the website.
  • We also collect cookies from your computer which enable us to tell when you use the website and also to help customise your website experience. As a general rule, however, it is not possible to identify you personally from our use of cookies.
  1. Purpose of collection
  • The purpose for which we collect personal information is to provide you with the best service experience possible on the website.
  • We customarily disclose personal information only to our service providers who assist us in operating the website. Your personal information may also be exposed from time to time to maintenance and support personnel acting in the normal course of their duties.
  • By using our website, you consent to the receipt of direct marketing material. We will only use your personal information for this purpose if we have collected such

information direct from you, and if it is material of a type which you would reasonably expect to receive from us. We do not use sensitive personal information in direct marketing activity. Our direct marketing material will include a simple means by which you can request not to receive further communications of this nature.

  1. Access and correction

 Australian Privacy Principle 12 permits you to obtain access to the personal information we hold about you in certain circumstances, and Australian Privacy Principle 13 allows you to correct inaccurate personal information subject to certain exceptions. If you would like to obtain such access, please contact us as set out below.

  1. Complaint procedure

 If you have a complaint concerning the manner in which we maintain the privacy of your personal information, please contact us as set out below. All complaints will be considered by Merry Heart Pty Ltd and we may seek further information from you to clarify your concerns. If we agree that your complaint is well founded, we will, in consultation with you, take appropriate steps to rectify the problem. If you remain dissatisfied with the outcome, you may refer the matter to the Office of the Australian Information Commissioner.

  1. Overseas transfer

 Your personal information may be transferred overseas or stored overseas for a variety of reasons. It is not possible to identify each and every country to which your personal information may be sent. If your personal information is sent to a recipient in a country with data protection laws which are at least substantially similar to the Australian Privacy Principles, and where there are mechanisms available to you to enforce protection of your personal information under that overseas law, we will not be liable for a breach of the Australian Privacy Principles if your personal information is mishandled in that jurisdiction. If your personal information is transferred to a jurisdiction which does not have data protection laws as comprehensive as Australia’s, we will take reasonable steps to secure a contractual commitment from the recipient to handle your information in accordance with the Australian Privacy Principles.

  1. GDPR

 In some circumstances, the European Union General Data Protection Regulation (GDPR) provides additional protection to individuals located in Europe. The fact that you may be located in Europe does not, however, on its own entitle you to protection under the GDPR. Our website does not specifically target customers located in the European Union and we do not monitor the behaviour of individuals in the European Union, and accordingly the GDPR does not apply.

  1. How to contact us about privacy

If you have any queries, or if you seek access to your personal information, or if you have a complaint about our privacy practices, you can contact us through: [email protected].

Terms & Conditions

Further details

In this policy, “us”, “we”, or “our” means Merry Heart Pty Ltd (ABN 36674214352) t/a Merry Heart CBR, operators of this website. We are bound by the National Privacy Principles contained in the Commonwealth Privacy Act 1988 (subject to any exemptions that apply to us under that Act). We may, from time to time, review and update this privacy policy, including taking account of new or amended laws, new technology and/or changes to our operations. All personal information held by us will be governed by the most recently updated policy.

This Privacy Policy was last updated on 20 December 2024

1. INFORMATION WE COLLECT

The personal information we collect falls into four categories: contact details, click trails, activity history, and publishable content.

  • Contact details are collected as supplied by you from time to time. We do not personally store usable credit card information. Where a record is required, we entrust credit cards to our payment gateway and store only the last few digits and expiry date of your credit card solely for purposes of identity confirmation and forewarning of expiry.
  • Click trails record the paths taken by visitors through the website. This information is generally recorded against IP address, and may be possible to correlate by computer.
  • Activity History consists of orders, enquiries, votes submitted via the website, or offline contact you have with us such as phone calls.
  • Publishable content consists of comments or other submissions of content you would like us to publish on our website.

2. HOW WE COLLECT IT

Contact details and publishable content are collected when supplied by you either via the website or direct to us by other means. Click trails are recorded by our servers as each request reaches the website. This includes but is not limited to:

  • The type of browser you are using
  • The date and time of your visit
  • Your IP address
  • The address of the website that referred you to ours
  • The addresses of pages accessed and any documents downloaded

Click trails can be correlated over time by the use of ‘cookies’ as outlined in section 6. In most cases click trail data is not directly individually identifiable.

Activity history is recorded whenever you undertake an activity such as submit an enquiry, make a comment, vote on an object, and may additionally be recorded by us when you contact us offline.

Our website uses Google Analytics, a service which transmits website traffic data to Google servers in the United States. Google Analytics does not identify individual users or associate your IP address with any other data held by Google. We use reports provided by Google Analytics to help us understand website traffic and webpage usage.

By using this website, you consent to the processing of data about you by Google in the manner described in Google’s Privacy Policy– external site and for the purposes set out above. You can opt out of Google Analytics if you disable or refuse the cookie, disable JavaScript, or use the opt-out service provided by Google.

We also use interfaces with social media sites such as Facebook, LinkedIn and others. If you choose to “like” or “share” information from this website through these services, you should review the privacy policy of that service. If you are a member of a social media site, the interfaces may allow the social media site to connect your visits to this site with other Personal Information. We receive aggregated statistics about the number of people who share the content on our website.

3. WHY WE COLLECT IT AND HOW WE USE IT

Publishable content is collected and republished where applicable in order to enable a two-way conversation in public between us and our visitors.

We collect your personal contact details and activity history:

  • To respond to requests or queries you raise
  • To confirm your identity
  • To fulfil orders made by you
  • To keep you up to date with news, special offers, and other marketing information you have opted-in to receive.
  • To advertise our services and products to you through the Google Ads Display network and/or the Facebook Ads network, using remarketing. This may be facilitated using a Pixel (or related tool provided by the network) to anonymously connect our website to their platform, or via providing the network with an encrypted identifier.

We collect click trail data:

  • To measure and monitor the performance of our website
  • To estimate interest in our products and services
  • To refine and update our website’s content
  • To monitor our website for violations of the terms of use or any applicable laws by visitors

In the case that you pay for an order with your credit card, we do not store your credit card number on our servers, however it may be retained by our payment gateway provider in circumstances where this is required.

4. HOW WE DISCLOSE IT

We may disclose your personal information to third parties, and you consent to us disclosing your personal information to third parties, under the following circumstances:

  • As part of a sale of all or part of our business
  • When explicitly authorised to do so by yourself at the time you supply the information
  • As required or authorised by any applicable law
  • As required for processing of credit card payments by Internet Payment Gateways and Merchant Facilities.
  • As part of any investigation by us into you or your activity on our website (including to your Internet Service Provider or network administrator)
  • If we have reason to believe that you have committed a breach of any of our terms of use or have been otherwise engaged in any unlawful activity and we reasonably believe that disclosure is necessary (including to the Police or any other enforcement body, or to your Internet Service Provider or network administrator)
  • To lessen or prevent a serious threat to a person’s health or safety

5. PUBLISHABLE CONTENT

When you submit content to us for publication (including but not limited to comments, testimonials, votes, or forum posts) you assign us a transferrable, perpetual right to publish and/or commercially exploit said content without limitation. You also warrant in submitting such content that the content is owned or produced by yourself or you otherwise have permission to assign publication rights to us. Publication rights do not extend to fields specifically marked as private (e.g. your email address), except in cases of clear violations of our terms of use.

Content submitted by you for publication may be disclosed to all visitors of our website, and/or republished on other websites at our discretion.

If you provide personal information either of your own or of any third party as part of publishable content, you warrant that you have permission to publish said information and indemnify us against any consequences resulting from the publication of said information.

If you find your personal information published on our website without your consent, please contact us immediately as outlined in section 10.

6. COOKIES

Cookies are electronic tokens containing small amounts of information that are passed between a web browser and server. They are used to maintain session state between pages or to retain information between visits if you return to the website at a later time.

We use cookies to correlate passive activity tracking data as well as to authenticate supply of information such as enquiries, comments, and votes to minimise malicious or spam traffic.

7. OPTING IN AND OUT

You may opt out from the correlation of passive activity data by turning off cookies in your browser. Please note however that disabling cookies may result in a reduction of available functionality on our site including but not limited to the loss of the ability to post comments and vote on content.

When you supply us with your email address you may be asked to opt in to receive marketing information by e-mail or other means.

You will be given the opportunity to opt out from receiving further communications from us in accordance with this policy each time we send you information for which you have opted in. This comes in the form of an ‘unsubscribe’ link, generally in the footer and/or header of each email.

If you receive any communication purporting to be connected with us or our products or services that you believe has been sent to you other than in accordance with this policy, or in breach of any law, please contact us immediately as outlined in section 10.

8. INFORMATION MANAGEMENT AND SECURITY

With the exclusion of information supplied for publication (as outlined in section 5), we will take all reasonable steps to ensure that the personal information we hold is not lost, misused, or inadvertently provided to unauthorised third parties, including by means of firewalls, password locking, truncation of credit card data, encryption of data in transit, and secured servers.

The security of your personal information is important to us.  When you enter sensitive information  (such as credit card numbers) on our website, we encrypt that information using secure socket layer technology (SSL).  When Credit Card details are collected, we simply pass them on in order to be processed as required.  We never permanently store complete Credit Card Details.

MerryHeartCBR uses Stripe’s Payment Gateway for its online credit card transactions. Stripe processes online credit card transactions for thousands of Australian merchants, providing a safe and secure means of collecting payments via the Internet.  All online credit card transactions performed on this site using Stripe’s gateway are secured payments.

  • Payments are fully automated with an immediate response.
  • Your complete credit card number cannot be viewed by MerryHeartCBR or any outside party.
  • All transactions are performed under 128 Bit SSL Certificate.
  • All transaction data is encrypted for storage within Stripe’s bank-grade data centre, further protecting your credit card data.
  • Stripe is an authorised third party processor for all the major Australian banks.
  • Stripe at no time touches your funds; all monies are directly transferred from your credit card to the merchant account held by MerryHeartCBR.

You acknowledge that the security of communications sent by electronic means cannot be guaranteed. You provide information to us via the internet at your own risk. We cannot accept responsibility for misuse or loss of, or unauthorised access to, your personal information where the security of information is not wholly within our control.

You must ensure the security and confidentiality of any username and/or password used by yourself to access this website. You agree that you will be held responsible for all activities which occur under your username and password (including but not limited to publication of illegal or defamatory material or any other unlawful activity, or unauthorised charging of your credit card).

You agree that we are not responsible for the privacy or security practices of any third party and that the collection and use of your information by third parties may be subject to separate privacy and security policies.

If you suspect any misuse or loss of, or unauthorised access to, your personal information, please contact us immediately as outlined in section 10.

9. GAINING ACCESS TO YOUR INFORMATION

You have the right (excluding exceptions outlined in the Privacy Act) to seek access to and update or correct the personal information we hold about you. If you make an access request, we will ask you to verify your identity.

If you would like to seek access to personal information we hold about you, you can contact us as outlined in section 10.

10. HOW TO CONTACT US

If you have any questions or complaints about how we collect, use, disclose, manage or store your personal information, or would like to request access or changes to the information we hold, please contact us at [email protected]

 

Cancellation

We are not required to provide a refund or replacement if you change your mind. Unless required by law, refunds are entirely at the discretion of Merry Heart CBR.
You have rights under the Australian Consumer Law (ACL).

You can choose a refund or exchange if an item has a major problem. This is when the item: • has a problem that would have stopped someone from buying the item if they had known about it • is unsafe • is significantly different from the sample or description • doesn’t do what we said it would, or what you asked for and can’t be easily fixed.

Rescheduling

You may contact us to request a change of your tour's date to another available date. Honouring of any such request remains at our sole discretion, and will not usually be granted save for exceptional circumstances.

Vehicle availability

Any advertised vehicle may unfortunately be, or become, unavailable for your tour booking. We may supply and use another available vehicle for your transport.

Cancellation of tour due to conduct –

We expect all passengers to have consideration for other passengers and people. If in our reasonable opinion or in the reasonable opinion of any other person in an authoritative position, you or any member of your party behaves in such a way as to cause or be likely to cause danger, harm or distress to any third party or damage to property, we are entitled, without notice to terminate the tour and insist your removal from the tour. We will have no further responsibility toward such person(s) including any return travel arrangements. No refunds will be made and we will not refund or pay any expenses or costs incurred as a result of the termination of your tour or your return to your accommodation or pickup location.

Cancellation by us –

We reserve the right to cancel any booking in our absolute discretion.

If the cancellation is because of us, such as due to staff shortages, illness, bus breakdown or pandemic closure -we will work with you to provide you an alternative tour date/voucher or a full refund.

COVID-19 –

As this is an evolving pandemic - our conditions of participation and delivery of service/s can be updated without notice. Customers are required to adhere to National and Government health advice, warnings, recommendations and practices of conduct and security without exception. We are obligated by Australian law to adhere to all health advice, warnings, recommendations and practices. Any persons found being abusive or intimidating to management, staff or contract drivers or others about Covid-19 restrictions and practices will be asked to leave immediately, their tour cancelled and not refunded and will be required to find their own way back to their accommodation or pickup location.

Damage –

Anybody found to have deliberately caused damage to our vehicles or property, or vehicle or property hired by us, will be responsible for the repair cost of said damage. Damage to property or vehicles caused by a passenger or known party not owned or hired by us, may be reported to the owner of property or vehicle and the matter will be the responsibility or the owner of said item/s. Any vomiting or other minor damage may attract a $300 cleaning fee charge.

We reserve the right to report bad debts to independent credit agencies.

When you book with us, the person who makes the booking will be liable for the non-payment of any fees or payment of all damage caused to our vehicles and property or any hire vehicles and equipment by any member of their party.

We will not be held responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following: the act(s) and/or omission(s) of the person(s) affected or any member(s) of their party or – the act(s) and/or omission(s) of a third party not connected with the provision of your tour and which were unforeseeable or unavoidable or any event where we or the supplier of the service(s) could not, even with all due care, foresee or avoid. Such events may include war or threat of war, pandemic, riot, civil strife, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control.

If we are found liable to any damage, the damages will be limited to $1.

We will take reasonable care accommodating passengers traveling with a disability, injury, food allergies and other conditions and situations that may impact or interfere with the activity. We encourage customers to contact us directly (in writing or via telephone) at least a week before the tour date with any special requests.

We may call upon a third party to assist to carry out business duties, obligations or tour bookings for matters out of our control due to illness, staffing, bus breakdown or an unexpected matter.

All bookings are made online and confirmed by paying in full . All bookings held by deposit are to be paid in full prior to the date of your tour unless otherwise advised by us in writing.

Photographs, film and imaging –

Publicity and image use rights—all media, such as photos and videos, taken by us during a tour or hire are and will remain our property. Such media may be used for advertising, social media or other publicity and media

Links And Third Party Content -

You must not frame or mirror any part of the Website without our prior written authorisation. The Website may contain links to or display the content of third parties (Third Party Content), including links to websites operated by other organisations and individuals (Third Party Websites). Third Party Content and Third Party Websites are not under our control. We do not endorse, approve or make any warranty or claim regarding Third Party Content, Third Party Websites or the products, services or information available on any Third Party Website, or in respect of the owner or operator of a Third Party Website or their conduct. If you use or rely upon Third Party Content or Third Party Websites, you do so solely at your own risk. All trademarks are owned by their respective owners. Merry Heart is an independent business which has no association with nor endorsement by the respective trademark owners.

Indemnification -

You agree to hold harmless and indemnify Merry Heart, and its subsidiaries, affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and legal fees, of every kind and nature. In such a case, Merry Heart will attempt to provide you with written notice of such claim, suit or action.

No Trust/trustee-beneficiaries relationship is created at any time.

Product prices and details, including inclusions, are subject to change at any time and without notice.

Laws and choice of forum -

Any claims and litigation must be in the Courts of the Australian Capital Territory. The laws of the Australian Capital Territory apply.

Lost and Found Property -

“Lost property” means any unattended, abandoned, misplaced, or forgotten item including but not limited to equipment, cash, jewelry, phones, books, keys, documents, or personal identification papers (driver’s license, credit cards, etc.) which are found within on the transport vehicle, pending the identification of the rightful owner or appropriate disposal thereof. Merry Heart assumes no responsibility whatsoever for the care and/or protection of any personal belonging left unattended and for loss, under any circumstances, including theft, vandalism, or malicious mischief of such belonging. Any individual making a request for a lost item must present a picture identification and a description of the item before it will be returned to them. If the item has no identification on it but the individual can describe it or open it (i.e. phone, tablet), the item will be returned once a transfer of ownership form has been completed. A return fee of $50 applies for the return of the lost item(s) within Canberra. Lost property may otherwise be disposed of within one week of discovery.

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