To make sure you stay informed of all changes, you should check these policies periodically. Updates will be referenced by the “Last Updated” date shown above.
1. Information we collect about you
We may collect the following types of personal data about you which are described in more detail below: (A) Information you provide to us; (B) Information we may automatically collect; and (C) Information we may receive from third parties. The Information listed in (A)-(C) above, is detailed below, and hereinafter referred to as “Information.”
A. Information you provide to us
In using our Services, you may provide us with Information, including, without limitation:
- Contact information such as name, email address, postal address, and telephone number(s);
- Communication, product preferences, and opinions in online forms you share with us or when you communicate with us through email;
- Payment and transaction information including credit or bank card information;
- Account personal information and log in credentials, including unique identifiers such as username and password; and
- Additional Information as otherwise described to you at the point of collection or pursuant to your consent.
B. Information we may automatically collect about you
Our Services may automatically collect certain Information about you. We use this Information to help us design our Services to better suit our users’ needs. This Information may include:
- IP address, which is the number associated with the service through which you access the internet, like your ISP (internet service provider);
- Date and time of your visit or use of our Services;
- Domain server from which you are using our Services;
- Type of computer, web browsers, search engine used, operating system, or platform you use;
- Data identifying the web pages you visited prior to and after visiting our website or use of our Services;
- Your movement and activity within the website, which is aggregated with other information;
- Geographic data such as country or region; and
- Mobile device information, including the type of device you use, operating system version, and the device identifier (or “UDID”).
i. Cookies and technologies used to collect information about you
- Flash Cookies. We may use local shared objects, also known as Flash cookies, to store your preferences such as volume control or display content based upon what you view on our site to personalize your visit. Third parties, with whom we partner to provide certain features or to display advertising based upon your browsing activity, use Flash cookies to collect and store Information. Flash cookies are different from browser cookies because of the amount of, type of, and how data is stored. Cookie management tools provided by your browser will not remove Flash cookies.
- Web Beacons. Website pages may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages and for other related statistics (for example, recording the popularity of certain content and verifying system and server integrity). We also use these technical methods to analyze the traffic patterns, such as the frequency with which our users visit various parts of the Services. These technical methods may involve the transmission of Information either directly to us or to a third party authorized by us to collect Information on our behalf. Our Services may use retargeting pixels from Google, Facebook, and other ad networks. We may also use web beacons in HTML emails that we send to determine whether the recipients have opened those emails and/or clicked on links in those emails.
- Mobile Application Technologies. If you access our website and Services through a mobile device, we may automatically collect Information about your device, your phone number, and your physical location.
C. Information we may receive from third parties
We may collect additional Information about you from third-party websites, social media platforms, such as but not limited to, Facebook, Twitter, or Instagram (“Social Media Platforms”), and/or sources providing publicly available Information (e.g., from the U.S. postal service) to help us provide Services to you, help prevent fraud, and for marketing and advertising purposes.
2. How we use your information
A. Use and purpose of processing your information
We use and process your Information for things that may include, but are not limited to, the following:
- To respond to your inquiries and provide you with requested information and other communications, including by email;
- To process your product purchase requests;
- To send you our newsletter and other correspondence you request;
- For general or targeted marketing and advertising purposes, including sending you promotional material or special offers on our behalf or on behalf of our marketing partners and/or their respective affiliates and subsidiaries and other third parties, provided that you have not already opted-out of receiving such communications;
- To fulfill contracts we have with you;
- To manage, improve, and foster relationships with third-party service providers, including vendors, suppliers, and parents, affiliates, subsidiaries, and business partners;
- To maintain, improve, customize, or administer the Services, perform business analyses, or other internal purposes to improve the quality of our business, the Services, resolve technical problems, or improve security or develop other products and services;
- To comply with our Terms & Conditions;
- For analytics for business purposes and business intelligence;
- To comply with any applicable laws and regulations and respond to lawful requests; and/or
- For any other purposes disclosed to you at the time we collect your Information and/or pursuant to your consent.
We grant you a limited, revocable, non-exclusive, non-transferable right to review and in some instances print content, from our Services (e.g., our website) for your personal and educational purposes as long as they do not violate any aspect of these Terms & Conditions or applicable law, including our intellectual property and other proprietary rights in and to the Services or the intellectual property rights of another party.
We reserve the right to terminate or limit your access to our Services and/or the licenses granted herein for any reason (or no reason) and in our sole discretion. We reserve the right to, at any time, temporarily or permanently, modify or discontinue any features associated with the Services with or without notice and for any reason, including performing maintenance, repairs, or upgrades. We (and our licensors) remain the sole owner of all rights, title, and interest in the Services. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period.
B. Sharing your information
We may disclose anonymized aggregated Information about our users, that does not identify any individual, without any restriction.
- Third-Party Service Providers. We may share your Information with third-party service providers or data processors that perform certain functions or services on our behalf (such as to host the Services, store or manage the data, perform analyses, process payments, provide customer service, or send communications for us). These third-party service providers will process this data only for purposes specified by us. In some instances, we may aggregate Information we collect so third parties do not have access to your identifiable Information to identify you individually.
- Disclosure of Information for Legal and Administrative Reasons. We may disclose your Information without notice: (i) when required to by law or to comply with a court order, subpoena, search warrant, or other legal process; (ii) to cooperate or undertake an internal or external investigation or audit; (iii) to comply with legal, regulatory, or administrative requirements of governmental authorities (including, without limitation, requests from the governmental agency authorities to view your Information); (iv) to protect and defend the rights, property, or safety of us, our subsidiaries and affiliates, and any of their officers, directors, employees, attorneys, agents, contractors, and partners, and the website Service users; (v) to enforce or apply our Terms & Conditions; and (vi) to verify the identity of the user of our Services.
- Business Transfers. Your Information may be transferred, sold, or otherwise conveyed (“Conveyances”) to a third party where we: (i) merge with or are acquired by another business entity; (ii) sell all or substantially all of our assets; (iii) are adjudicated bankrupt; or (iv) are liquidated or otherwise reorganize. You agree to any and all such Conveyances of your Information.
- Information Shared with our Subsidiaries, Parents, and Affiliates. We may share your Information with our subsidiaries and affiliates, including but not limited to,Dream Big Labs Pty Ltd. If you do not want to share your information with our subsidiaries and affiliates, please contact us at [email protected].
- Aggregate and Deidentified Data. We may share general Information, aggregated data, or publish Information based on aggregated data. However, we will only do so in a way that your personal identity is protected.
- Online Communications. Any Information you submit in a public forum (e.g., a blog or social network) may be read, collected, or used by us and other participants, and could be used to personalize your experience. You are responsible for the Information you choose to submit in these instances.
3. Links to other websites
Occasionally, at our discretion, we may link to third-party sites or content on our Services (“Third-Party Websites”). We may do this for the convenience of you and other users of the Services, but we do not have control over the operation of these Third-Party Websites. These Third-Party Websites have separate and independent privacy notices. We, therefore, have no responsibility or liability for the content and activities of these linked sites.
4. Information security
We use commercially reasonable measures to provide our Services. However, you should assume that no data transmitted over the internet or stored or maintained by us or our third-party service providers can be 100% secure. Therefore, although we believe the measures implemented by us reduce the likelihood of security problems to a level appropriate to the type of data involved, we do not promise or guarantee, and you should not expect, that your Information or private communications will always remain private or secure. We do not guarantee that your Information will not be misused by third parties. We are not responsible for the circumvention of any privacy settings or security features. You agree that we will not have any liability for misuse, access, acquisition, deletion, or disclosure of your Information.
If you believe that your Information has been accessed or acquired by an unauthorized person, you shall promptly contact us via the How to Contact Us section so that we can quickly take necessary measures.
5. Data retention
We will retain your Information for as long as needed to provide you Services. If you wish to request that we no longer use your Information to provide you Services, please contact us at [email protected]. We will retain and use your Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. In accordance with our routine record keeping, we may delete certain records that contain Information you have submitted to us. We are under no obligation to store such Information indefinitely and disclaim any liability arising out of, or related to, the destruction of such Information.
6. Your choices
By using our Services, you agree that we may contact you by email as set forth herein. If you do not want to receive marketing and promotional emails from us, you may click on the “unsubscribe” link in the email to unsubscribe and opt-out of marketing email communications by contacting us via the How to Contact Us section.
B. Text messages
You may sign up to receive text messages from us (e.g., on-site chats or text message marketing). By signing up for text messaging services or otherwise opting in to receive text messages (opting in via short code or entering your phone number into an on-site collection widget), you agree that you have provided Carted with prior express written consent to be contacted by text message, including recurring automated promotional and personalized marketing text messages (e.g., discounts, cart reminders).
- You may revoke your consent and opt-out to discontinue test messages at any time. If you no longer want to receive text messages from us, reply STOP (or as otherwise instructed) in the text message or refer to the How to Contact Us section.
If you want to delete any cookies that are already on your computer, please refer to your file management software to locate the file or directory that stores cookies. Other information on deleting or controlling cookies is available at www.allaboutcookies.org. Please note that by deleting cookies or disabling future cookies, you may not be able to access certain areas or features of our Services.
7. Notice to individuals in the European Economic Area and the UK
This section applies only to individuals coming to our Services from within the European Union (EU), the European Economic Area (EEA), and the UK, and only if we collect through the Services any Information from you that is considered “Personal Data,” as defined in the General Data Protection Regulation (GDPR) and the UK Data Protection Act 2018.
A. Identity and contact details of controller and EU representative
Unless otherwise stated, we are the Data Controller for the Information we process.
Email: [email protected]
B. Your data protection rights
To the extent the GDPR and Data Protection Act 2018 apply, and we hold your Information in our capacity as a Data Controller as defined under those laws, you may request that we:
- Restrict the way that we process and share your Information;
- Transfer your Information to a third party;
- Provide you with access to your Information;
- Remove your Information if no longer necessary for the purposes collected;
- Update your Information so it is correct and not out of date; and/or
- Object to our processing of your Information.
Email: [email protected]
The requests above will be considered and responded to in the time-period stated by applicable law. Note, certain Information may be exempt from such requests. We may require additional Information from you to confirm your identity in responding to such requests. You have the right to lodge a complaint with the supervisory authorities applicable to you and your situation, although we invite you to contact us with any concern as we would be happy to try and resolve it directly. Please contact us at:
Email: [email protected]
C. Lawful basis for processing your information
Depending on what Personal Data we collect from you and how we collect it, we may also rely on various grounds for processing your Personal Data, including the following reasons:
- Processing on the basis of legitimate business interests. When we process Personal Data on the basis that the processing is necessary for our legitimate business interests, such interests include: (i) providing, improving, and promoting our Services, Apps, and products and services; (ii) communicating with current and potential customers, other Business Partners, and their individual points of contact; (iii) managing our relationships with our customers and other Business Partners, and their individual points of contact; (iv) other business development purposes; (v) sharing Information within the Company, as well as with service providers and other third parties; and (vi) maintaining the safety and security of our products, Services, and employees, including fraud protection.
- Processing on the basis of performance of a contract. Examples of situations in which we process Personal Data as necessary for performance of a contract include e-commerce transactions in which you purchase a service from us.
- Processing on the basis of consent. Examples of processing activities for which we may use consent as its legal basis include: (i) collecting and processing precise location Information from your mobile device; (ii) sending promotional emails when consent is required under applicable law; and (iii) processing Personal Data on Company Services through cookies and similar technologies when consent is required by applicable law.
- Processing because we are under a legal obligation to do so. Examples of situations in which we must processes Personal Data to comply with our legal obligations include: (i) providing your Personal Data to law enforcement agencies and other governmental bodies when required by applicable laws; (ii) retaining business records required to be retained by applicable laws; and (iii) complying with court orders or other legal processes.
If the processing of your Information is based on your consent, the GDPR and Data Protection Act 2018 also allow users the right to access, revoke, or modify your consent at any time. Please see the How to Contact Us section below to review or modify your consents.
D. Consent to transfer
We are operated in the United States and Australia, and we may use service providers based in the United States and Australia to operate our business and our relationship with you. Please be aware that Information, including your Personal Data, that we collect will be transferred to, stored, and processed in the United States, a jurisdiction in which the privacy laws may not be as comprehensive as those in the country where you reside and/or are a citizen. We maintain measures to address the transfer of your Personal Data between our group companies and between us and our third-party providers in accordance with applicable data protection laws and regulations.
- Whether we need the Information to provide the Services. We will maintain any data needed to provide you with the Services, such as contact information and payment or transaction information, for as long as needed for us to provide you with the Services, respond to your questions and requests, and/or administer your account (if applicable).
- Whether we need the Information to comply with our legal obligations. We may have legal obligations to maintain your Information where a legal or regulatory body may ask for it in the future, for example in response to a data subject request or complaint. This Information may include contact information and location information.
- Whether we need the Information for a legitimate business interest. We may store Information like contact information, cookies, and location information in order to perform analytics, troubleshoot errors, or improve our Services. In any event, we delete the Information when it is no longer needed for our legitimate interest.
Regardless of our reason for retaining your Information, we delete all Information in accordance with our routine record keeping policies.
8. Geographic location of data storage and processing
Our Services collect Information and processes and stores that Information in databases located in the United States. As such, we may store and process Information on servers located outside of the country where you originally deposited the data. If you are visiting the Services from a country outside the United States, you should be aware that you may transfer personally identifiable Information about yourself to the United States, and that the data protection laws of the United States may not be as comprehensive as those in your own country. By visiting our Services and submitting Information, you consent to the transfer of such Information to the United States.
9. Accessing, correcting, or deleting your information
To the extent other data privacy laws provide users with additional data subject rights, those rights may be honored by the Company following proper authentication and verification. Please see the How to Contact Us section below for more information.
10. Children's information
The Services are intended only for users over the age of eighteen (18). If we become aware that a user is under thirteen (13) (or a higher age threshold where applicable) and has provided us with Information, we will take steps to comply with any applicable legal requirement to remove such Information. Contact us if you believe that we have mistakenly or unintentionally collected Information from a child under the age of thirteen (13).
12. How to contact us
If you have any questions about these Terms & Conditions, please contact us at the following:
Email: [email protected]
Last updated 24 November 2022