Privacy Policy

1. Privacy Policy

o Ostela respects the privacy of its customers and has created a Privacy Policy that sets out customer rights and responsibilities regarding personal information disclosed on the Website. Please read our Privacy Policy for more information.

2. Limitation of Liability

o To the maximum extent permitted by law (including without limitation the Australian Consumer Law), Ostela is not liable to you or anyone else for any:

§ decision, action or inaction taken in reliance on the Information in, or connected with, the Website;

§ losses, costs or damages suffered or incurred by you, including (without limitation) direct or indirect, special, incidental, compensatory, exemplary or consequential damages in connection with the Website;

§ your use or misuse of the Website or any Information or material contained in the Website;

§ the loss or modification of information or material transmitted from the Website;

§ any defect, technical problem or virus attached to or arising from the Website or the server;

§ any injury or illness you or any other person sustains as a result of using the Website;

§ the Products or Services displayed being unavailable at any time;

§ your inability to access or use the Website or any material on the Website;

§ the loss of confidentiality in any information or material transmitted to or from the Website.

o To the maximum extent permitted by law (including the Australian Consumer Law), Ostela does not make any guarantees or warrant that the Website will be available in any place, free of faults or error, free from unauthorised interception or access, or free from blockages, delays, network failure, congestion, interferences of faults of any kind.

3. Indemnity

o You agree to indemnify Ostela, its affiliates, officers, directors, employees, agents, suppliers and third-party partners from and against:

§ all actions, suits, claims, demands, liabilities, losses, expenses, damages and costs (including reasonable legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any content you post through the Website;

§ any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and

§ any breach by you of the Terms.

4. Termination

o Ostela may, at our discretion, terminate the agreement for the supply of Products to you:

§ for convenience, at any time, on giving notice to you; or

§ immediately if we reasonably believe that you have breached these Terms and:

o that the breach is not capable of remedy; or

o if you have been provided with notice of the breach, and you have failed to remedy that breach within 14 days (where the breach is able to be remedied).

5. User Comments, Feedback and Submissions

o If you send and/or post comments, feedback or specific submissions (e.g. contest entries) creative ideas, suggestions, proposals, plans or other materials to Ostela whether online, email or otherwise (collectively, “Comments”), you agree that Ostela may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. Ostela is under no obligation to maintain any comments in confidence, to pay compensation for any comments or respond to any comments.

o Ostela may, at its sole discretion, monitor and remove any Comments posted on the Website that it determines to be abusive, obscene, defamatory or otherwise unlawful or breaches the Terms.

o By sending and/or posting your Comments you agree that your Comments will not breach any copyright, intellectual property right, licence, privacy, legislation, common law or contractual agreement of any other person or entity. You further agree that your comments will not contain abusive, obscene, defamatory or otherwise unlawful material. We take no responsibility and assume no liability for any Comments posted by you or any third-party.

6. Governing Law

o These Terms are governed by the laws of Queensland and the Commonwealth of Australia, and any separate agreements whereby we provide you Products or Services shall be governed by and construed in accordance with the laws of Queensland and Commonwealth of Australia. You submit to the jurisdiction of the laws of the State of Queensland and the Commonwealth of Australia.

7. Severability

o If any part of these Terms is determined to be void or unenforceable by a court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

If you have any questions about the Terms, please contact us in writing by email to sales@ostela.com.au.

Indala Pty Ltd (ACN 82 150 095 542) trading as Ostela, Ostela Indoor Living and Ostela Outdoor Living (“Ostela” or ‘”we” or “us” or “our”) respects your right to privacy and is committed to safeguarding the privacy of our customers and website visitors. We take all reasonable steps to ensure your Personal Information is protected from misuse and unauthorised disclosure. We adhere to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth) (Privacy Act). This Privacy Policy sets out how we collect and treat your Personal Information when you visit or make a purchase from Ostela’s website (Website) or at an Ostela store.

“Personal Information” is information we hold which is identifiable as being about you. This information includes information such as your name, address, email address or any other type of information that can reasonably identify an individual, either directly or indirectly.

Collection of Personal Information

Ostela will collect and store the Personal Information that you provide to us directly or give to us in other forms.

You may provide basic information such as your name, shipping address, phone number and email address to enable us to send you information, provide updates and process your product or service order. We may collect additional information at other times, including but not limited to, when you make a purchase, including method of payment (we do not retain any credit card information – please refer to Stripe payment processor’s create an account with us; provide feedback, enter competitions, change your content or email preferences, respond to surveys and/or promotions, communicate with us. Additionally, we may also collect any other information you provide while interacting with us.

Ostela will collect and use Personal Information with your consent for a specific purpose and any data collected will be to the extent necessary and not excessive for its purpose. We will also process Personal Information if it is necessary for our legitimate interests or to fulfill a contractual or legal obligation.

You must not provide us with your Personal Information if you are under the age of 16 without the consent of your parent or guardian. We do not knowingly collect or process the Personal Information of children.

How we collect your Personal Information

Ostela collects your Personal Information in a variety of ways, including when you interact with us electronically or in person, when you access our Website and when we provide our products and services to you. We may receive Personal Information from third parties. If we do, we will protect it as set out in this Privacy Policy.

By providing us with Personal Information, you consent to the supply of that information subject to the terms of this Privacy Policy.

How we use your Personal Information

Ostela will use your Personal Information with your consent for a specific purpose as set out in this Privacy Policy. This may include the following:

fulfill any purchase orders or services placed in store or on our Website (including arranging for shipping, and providing you with invoices and/or order confirmations);
administer our business activities; manage, research and develop our products and services;
provide you with information, updates, offers or advertising relating to our products or services;
communicate with you by a variety of measures including, but not limited to, telephone, email, sms, or mail;
investigate complaints;
present you with personalised offers on our Website, through social media channels such as Facebook and Instagram and by placing banner advertisements on third party websites;
allow you to post links to our products on social media;
provide you with the opportunity to review our products and services;
verify your identity if you ask for information about your Personal Information or order history;
screen our orders for potential risk or fraud (and to assist relevant authorities in relation to same).

If you withhold your Personal Information, it may not be possible for us to provide you with our products and services or for you to fully access our Website.

Sharing of your Personal Information

So that we can provide you with our products and services, we must at times share some Personal Information with trusted third parties. When we share your Personal Information to third parties, we ensure that it remains secure by conducting business with trusted third parties who will keep your Personal Information secure and confidential to the standards you and we would expect. Every external organisation we work with is required to have an agreement with us which clearly describes the way in which they keep your Personal Information secure and the purposes for which they can use your Personal Information. The agreement holds them fully responsible for meeting those expectations. We only send to third parties your Personal Information that is necessary for the purposes it is required.

Ostela does not sell your Personal Information but we share your Personal Information as follows:

With core service providers to enable our business to function

We rely on a few external organisations to provide us with services to conduct our business. Our core service providers include the delivery companies, payment gateway providers and technological service providers. It also includes companies to help us with our marketing and data analytics (e.g. Google Analytics). For service efficiency purposes, some of these providers are located in territories outside of Australia.

With regulators and law enforcement agencies when required to do so by law

We may from time to time need to disclose your Personal Information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request.

When we think it is reasonably necessary to protect you or our business

In the unlikely event that Ostela is the subject of attempted criminal activities, we will take all reasonable steps to protect you and our business but sometimes we may need to share your Personal Information where we think it is reasonably necessary to detect, monitor, investigate or prevent any suspected illegal activities, fraud or security issue; enforce our terms and conditions and to protect your and our rights and property; investigate and defend any third party claims or allegations.

As part of a business sale or purchase, merger or reorganisation

Although we have no current plans to do so, if there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases.

Security of your Personal Information

Ostela is committed to ensuring that the Personal Information you provide to us is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.

The transmission and exchange of information is carried out at your own risk. We cannot guarantee the security of any information that you transmit to us or receive from us. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that your Personal Information that we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.

Personal Information Retention

We will not keep your Personal Information for longer than is necessary for the purposes described in this Privacy Policy. At the end of the retention period, your Personal Information will either be completely deleted or anonymised so that it can be used in a non-identifiable way for statistical analysis and business planning.

Access to your Personal Information

You may request details of your Personal Information that we hold in accordance with the provisions of the Privacy Act. If you would like a copy of the information which we hold about you or believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details set out in the “Contact Us” section of this Privacy Policy. We will respond to your request as soon as reasonably practicable. We may ask you to verify your identity before acting on any of your requests.

We reserve the right to refuse to provide you with information that we hold about you in certain circumstances set out in the Privacy Act or any other applicable law.

Complaints

If you have any complaints about our privacy practices, please feel free to send the details of your complaints using the details set out in the “Contact Us” section of this Privacy Policy. We take complaints very seriously and will respond as soon as reasonably practicable.

Changes to Privacy Policy

We may modify this Privacy Policy at anytime, in our sole discretion, and all modifications will be effective immediately upon posting the modifications on our Website. Continued use of our Website will constitute your acceptance of the modified Privacy Policy. You should visit this page periodically to review the Privacy Policy.

Our Website

Generally, when you visit our Website, we automatically collect certain information about your device, including information about your web browser and some of the cookies that are installed on your device. Additionally, as you browse our Website, we collect information about the individual web pages or products that you view, what websites or search terms referred you to our Website, and information about how you interact with our Website.

Web Browser

When you visit our Website, we may collect certain information such as your web browser, IP address, time zone, the date and time of your visit, the pages viewed and information downloaded etc. This information is used in an aggregated manner to analyse how people use our Website such that we can improve our service and to assess the success of our marketing and advertising campaigns.

Cookies

We may from time to time use cookies on our Website. Cookies are very small files which a website uses to identify you when you come back to our Website and to store details about your use of our Website. Cookies are not malicious programs that access or damage your computer. Most web browsers automatically accept cookies but you can choose to reject cookies by changing your browser settings. However, this may prevent you from taking full advantage of our Website. Our Website may from time to time use cookies to analyses website traffic and help us provide a better website visitor experience.

Using pixel tags, web beacons, clear GIFs or other similar technologies

We may from time to time use pixel tags, web beacons, clear GIFs or other similar technologies in connection with some website pages and HTML formatted e-mail messages to, among other things, measure the success of our marketing campaigns, and compile statistics about website usage and response rates.

Third party sites

Our Website may, from time to time, have links to other websites not owned or controlled by us. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that Ostela is not responsible for the privacy practices of other such websites. We encourage our users to be aware, when they leave our Website, to read the privacy statements of each and every website that collects Personal Information.

Contact Us

Should you have other questions or concerns about our Privacy Policy, please send us an email at sales@ostela.com.au