Privacy Policy

1. Overview

NAOS is a skincare company that is a cohesive system of three skin-inspired brands. Your privacy is important to us and we are committed to protecting your privacy in accordance with the Privacy Act 1988 (Cth), which includes the Australian Privacy Principles and any related privacy codes.

This Policy outlines how we collect, use, disclose and store your personal information and lets you know how you can access that information. This Policy applies to you if you provide us with personal information, for example if you are a customer or a contractor of NAOS.

Please read this Policy carefully and contact us using the details below if you have questions.

2. Consent

By providing personal information, you consent to us collecting, using, storing and disclosing your personal information in accordance with this Policy or as required or permitted by law. If you continue using our services, then we will treat your use as your consent to us handling your personal information in accordance with this Policy.

3. What kinds of personal information do we collect and hold?

The type of personal information we collect depends on the circumstances of its collection and the nature of your dealings with us.

If you are an individual engaging us, this information may include:

1. your name, residential address, email address and contact details;
2. bank account details or credit card details; and
3. information contained in any communications between you and us.

If you are a contractor, we may collect the following information:

1. your name, address and contact details;
2. business registration details, such as your Australian Business Number; and
3. billing and payment information.

If you choose not to provide information as requested, it may not be practicable for us to service your needs. For example, it will not be possible for us to process an online payment if you want to remain anonymous or use a pseudonym. We sometimes receive unsolicited personal information. In circumstances where we receive unsolicited personal information we will usually destroy or de-identify the information as soon as practicable if it is lawful and reasonable to do so unless the unsolicited personal information is reasonably necessary for, or directly related to, our functions or activities.

4. Why do we collect your personal information?

            We collect your personal information primarily to provide you with our products and services and enable your use of our website.

            Some ways we use your personal information are:

1. for the purpose for which the personal information was originally collected;
2. to identify and interact with you;
3. to perform administrative and operational functions;
4. to comply with any legal requirements, including any purpose authorised or required by an Australian law, court or tribunal; and
5. for any other purpose for which you give your consent.

In relation to the personal information of contractors or prospective staff members, we collect personal information for purposes including to:

5. enable us to carry out our recruitment functions;
6. correspond with you;
7. fulfil the terms of any contractual relationship; and
8. ensure that you can perform your duties.

 

5. How we collect your personal information?

You give it to us

            We collect personal information directly from you when you:

1. engage or use our services;
2. interact or share personal information with us via our website or social media; and
3. communicate with us.

We collect it

            We may also collect your personal information from third parties including:

1. service providers;
2. referrals who may have referred you to us; and
3. organisations with whom we have an agreement to share information with.

We will generally obtain consent from the owner of personal information to collect their personal information. Consent will usually be provided in writing; however, sometimes it may be provided orally or may be implied through a person’s conduct. We endeavour to only ask for your personal information if it is reasonably necessary for the activities that you are seeking to be involved in.

6. Disclosing your personal information

            We may disclose your personal information to the following third parties:

1. our business or commercial partners;
2. our professional advisers, dealers and agents;
3. third parties and contractors who provide services to us, including customer enquiries and support services, IT service providers, data storage, webhosting and server providers, marketing and advertising organisations, payment processing service providers;
4. third parties to collect and process data, such as Intercom, Amazon Web Services and Google Analytics; and
5. any third parties authorised by you to receive information held by us.

If you are a contractor, we may disclose your information to payment system operators and debt-recovery functions.

            We may also disclose personal information if we are required, authorised or permitted by law.

We may send information to third parties that are located overseas. These third parties are located in France, Hong Kong and Singapore, although this list may change from time to time. Disclosure is made to the extent that it is necessary to perform our functions or activities.

7. Using your personal information for direct marketing

From time to time, and in support of our future development and growth, we or our business partners may use your personal information to contact you to promote and market our products and services.

You can opt-out from being contacted for direct marketing purposes by contacting us at privacy@au.naos.com or by using the unsubscribe facility included in each direct marketing communication we send. Once we have a request to opt out from receiving marketing information, we will stop sending such information within a reasonable amount of time.

8. Security

We take all reasonable steps to protect personal information under our control from misuse, interference and loss and from unauthorised access, modification or disclosure. We hold your personal information electronically in secure databases operated by our third-party service providers.

We protect the personal information we hold through login password protocols, secure and access-controlled premises, auditing, and network segregation for sensitive information store electronically.

While we take reasonable steps to ensure your personal information is protected from loss, misuse, unauthorised access, modification or disclosure, security measures over the internet can never be guaranteed.

9. Accessing or correcting your personal information

            If you would like to access your personal information, please contact us using the details below. In certain circumstances, we may not be able to give you access to your personal information in which case we will write to you to explain why we cannot comply with your request.

We try to ensure any personal information we hold about you is accurate, up-to-date, complete and relevant. If you believe the personal information we hold about you should be updated, please contact us using the details below and we will take reasonable steps to ensure it is corrected if appropriate.

10. Destroying or de-identifying personal information

We destroy or de-identify personal information when we no longer need it, unless we are otherwise required or authorised by law to retain the information.

11. Making a complaint

If you believe your privacy has been breached or you have a complaint about our handling of your personal information, please contact us using the details below.

We take privacy complaints seriously. If you make a complaint, we will respond within 14 days to acknowledge your complaint. We will try to resolve your complaint within 30 days. When this is not reasonably possible, we will contact you within that time to let you know how long we will take to resolve your complaint.

We will investigate your complaint and write to you to explain our decision as soon as practicable.

If you are not satisfied with our decision, you can refer your complaint to the Office of the Australian Information Commissioner by phone on 1300 363 992 or online at www.oaic.gov.au.

12. Changes

We may, from time to time, amend this Policy. Any changes to this Policy will be effective immediately upon the posting of the revised Policy on our website. By continuing to use the services following any changes, you will be deemed to have agreed to such changes.

13. Contact us

All questions or queries about this Policy and complaints should be directed to the Privacy Officer at:

Email: privacy@au.naos.com

This Policy was last updated in November 2019.

 

 

 

 

Website Terms of Use

1.  Overview
We, Naos Australia Pty Ltd (ACN 635 284 276) a skincare company that is a cohesive system of three skin-inspired brands.
The website located at https://www.bioderma.com.au (the Site) is owned and operated by us. Please read these terms (Terms) carefully as they govern your access to and use of the Site.
These Terms may be amended by us at any time, and by continuing to use the Site you accept the Terms as they apply from time to time.

2.  Use of Site
2.1  Personal use only
You may view the Site using a web browser or mobile device, and electronically copy and print hardcopies of parts of the Site solely for your personal, non-commercial use.
Any other use, including the reproduction, modification, distribution, transmission, re-publication, display or performance of the content on the Site is strictly prohibited.
You must not modify or copy the layout of the Site or any computer software and code contained in the Site.

2.2 Must not interfere with the Site
You must not:
(a) interfere with or disrupt the Site, including by transmitting any viruses, spyware, malware or any other code of a destructive or disruptive nature;
(b) restrict, or attempt to restrict, another user from using or enjoying the Site; or
(c) encourage or facilitate violations of the Terms.

3. Materials
We may present information and content, including articles, opinions, information and commentary on the Site (Materials).
The Materials are for your personal use only and may not, without our prior written consent, be:
(a) resold or redistributed in any material form;

(b) stored in any storage media; or
(c) retransmitted via any media.

4. User Content
4.1  General
We do not claim ownership of any content you add or post onto the Site, including any reviews, comments, photos and other contributions you may make in response to the content of our Site (User Content). Instead, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable licence to use the User Content, whether on this Site, another Site we own or control or in any hardcopy form.
You consent to any act or omission which would otherwise constitute an infringement of your moral rights. If a third party has moral rights in your User Content, you must ensure the third party consents in the same manner.
User Content must be accurate, truthful and genuine, provided for information purposes. We do not have the ability to verify the accuracy or otherwise of the User Content.
4.2 Security of content
We will take all reasonable steps to implement, maintain and enforce security procedures and safeguards to protect the security, confidentiality and integrity of the User Content from unauthorised access or use by a third party or misuse, damage or destruction by any person.
However, given the nature of the internet, we do not guarantee and cannot ensure the security of User Content and we expressly exclude liability for any such loss, however caused.
We recommend you take proactive means to protect your computer system from potential hazards by installing firewalls, anti-virus software and other security applications.
4.3 Prohibited content
You must not create or generate any User Content:
(a) unless you hold all necessary rights, licences and consents to do so;
(b) that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
(c) that we consider inappropriate, defamatory, offensive, abusive, indecent, illegal or disparaging; 
(d) that would bring us into disrepute; or
(e) that infringes the rights, including intellectual property rights, of any third party.
4.4 Blocking
We reserve the right to remove or block any User Content that violates our Terms. 

5. Third Party Links
The Site may contain links to other websites owned and operated by third parties, which are not under our control (Third Party Links).
Third Party Links are provided as a convenience to you and the existence of such links on the Site is not an endorsement of those Third Party Links.
We are not responsible for the content or material contained on any Third Party Link.

6. Intellectual property rights
We or our licensors reserve all intellectual property rights in the Site and the Materials.
All content appearing on the Site, and the Site itself, is protected by copyright and database rights. Reproduction of the Site, in whole or in part, including the copying of text, graphics or designs without our prior consent is prohibited.
Nothing in our Terms constitutes a transfer of any intellectual property rights.
All the trade marks, trade names, business names, images and logos (Marks) identified and utilised on the Site belong to their respective owners and are used by us as either owner or licensee. You must not use, reproduce, copy, republish, upload, transmit, post or modify these Marks in any way, unless otherwise authorised by the owner in writing.

7. Privacy
We will collect, use and disclose any personal information you provide us when using the Site in accordance with our Privacy Policy.
For more information on our information collection and handling practices, please view our Privacy Policy here https://www.bioderma.com.au/privacy-policy.

8. Disclaimer
The Site, Materials, and Third Party Links are provided to you on an 'as is' and 'as available' basis. We give no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise of the Site, Materials or Third Party Links.
We do not endorse or support any Materials or User Content and reliance on any such information is at your own risk.
We reserve the right to change, suspend or discontinue any aspect of the Site, including removing any Materials, User Content or Third Party Links, at any time and without notice to you.
You are responsible for considering the appropriateness of the Site for your intended application and use and we give no warranty, guarantee or representation that the Site is suitable for or meets your requirements. 
You alone are responsible for your User Content. 
We are not responsible or liable for the conduct of any user. We reserve the right to monitor or become involved in any dispute between you and another user.

9. Exclusions and limitation of liability
To the fullest extent permitted by law, we are not liable to you for any loss or damage you may suffer or incur in connection with your access and use of the Site. 
To the fullest extent permitted by law, we exclude liability for special, indirect or consequential damages, including damages for loss of data, loss of or claim for, revenue, profits, actual or potential business opportunities or anticipated savings or profit.
Any limitations or exclusions do not apply to our liability for loss suffered or incurred by you for: 
(a) fraud or other unlawful acts;
(b) gross negligence; or
(c) liability that cannot be limited or excluded by law, including under the Australian Consumer Law. 

10. Indemnity
You agree to indemnify us for all losses, damages, liabilities, claims and expenses (including reasonable legal costs) incurred by us arising out of or in connection with your use of the Site, any User Content, your breach of the Terms or your breach of any rights of third parties. 
We reserve the right to assume exclusive control of any matter for which you are required to indemnify us and you agree to provide assistance at your expense for the purposes of defending and managing all such claims as is reasonably requested by us. 

11. Contact us
If you wish to contact us or make a complaint, please contact us at bioderma@au.naos.com.

12. Variation to the Terms
We may vary, amend or otherwise modify the Terms at any time (New Terms).
We will publish the New Terms on the Site, at which time they will be effective. 
Your continued use of the Site following posting of the New Terms constitutes your acceptance of the New Terms.

13. Severability
If any provision of our Terms is unenforceable or invalid, it will be ineffective to the extent it is unenforceable or invalid, and will not affect the enforceability or validity of the remaining provisions.

14. Jurisdiction
The Terms are governed by the laws in force in Victoria, Australia. 
You and we submit to the exclusive jurisdiction of the courts of Victoria.

Last update of these Terms of Use: 24th January 2020.