PRIVACY STATEMENT

This website is operated by Kong's (Aust) Pty Limited ACN 050 291 766 of 48 Williamson Road, Ingleburn, NSW 2565 (“Kong’s”, “us” or “we”).

The Importance of Your Privacy

The privacy of your personal information is important to us. We understand that engaging in online activities and where you provide information to us by other means, involves trust on your part and we make it our highest priority to ensure the security and confidentiality of the personal information you provide us. Kong’s and its related bodies corporate are bound by and comply with the National Privacy Principals as set out in Schedule 3 to the Privacy Act 1988 (Cth).

This Privacy Statement sets out the information privacy practices for Kong’s and details ways in which we collect, hold, use and disclose the information you provide. All personal information collected via our website, or by other means and all use of our website is requested from and / or intended for use by residents of Australia that are over 18 years of age.

Collection of Personal Information

Information provided by you through our website is collected by our UK associate company Kong’s (UK) Ltd c/o- Aqua Pacific (UK) Limited and forwarded to Kong’s (Aust) Pty Limited.  Personal information collected by other means, namely email or post, in relation to extended guarantee and marketing initiatives, is collected by us.

You may recognise us more commonly, when we request and collect your personal information, under our registered trade mark names, namely Aqua One®, Pet One®, Pond One®, Reptile One® and Avi One®.

Generally, Kong’s only collects and sights the information you voluntarily enter on the website or provide to us by other means, including without limitation, when you:

• purchase a product
• register for product extended guarantee;
• request or agree to allow us to provide product information or a service to you;
• advise of a product or service complaint;
• enter a competition or take advantage of a special offer, promotion or reward;
• register for an event;
• apply for a trading account and when ordering with us;
• apply for an employment opportunity; or
• apply for a sponsorship opportunity.

We may also collect personal information from you in person, by phone, mail, fax or email. The personal information collected from you may include your name, contact phone numbers, postal and email address and in some cases, billing information (such as credit card number and cardholder name).

Whenever we collect personal information (by whatever means), we specifically describe the personal information that is required as determined by your request.

Failure to Provide Personal Information

Where we have requested personal information, including contact and financial information, and the requested information is not provided by you, we may not be able to complete tasks or requests for you such as to process your guarantee or application (retailers only) and you may not be able to access all areas of the website.

Use of Personal Information

We may use the personal information you provide us with to:

• confirm receipt of and contact you so as to update personal information on record;
• maintain a product guarantee or process a product claim request;
• respond to your request to provide further information or assistance;
• process, obtain or notify you in regard to orders and delivery thereof and payment information;
• provide information on and register for an event;
• notify you of special offers, promotions or rewards;
• notify you of new and other products and company or industry information and events;
• process and administer an application;
• advise entitlements or prizes owing to you under a promotion, special offer or rewards program;
• establish and maintain a sponsorship relationship with you and related parties;
• for internal research such as ensuring our branding and related entities provide the services and products you are asking for;
• maintain a database so as to manage and administer your personal information as outlined herein;
• conduct consumer and retailer research;
• to send you a seasonal card or gift;
• resolve disputes, collect payments, or troubleshoot problems;
• enforce our Terms of Use; and
• as otherwise described to you at the point of collection.

Where you have provided personal information to us and we wish to provide a direct marketing service to you e.g. information on our products, promotions, competitions and other marketing related material, we will ask your permission to do so.

Disclosure of Your Personal Information

We do not sell or rent your personal information to anyone.

However, in order to better service your business or consumer needs and preferences and in order to meet our service expectations to you, we may share your personal information with:

• third party vendors who provide services or functions on our behalf, including without limitations, business analytics, mailing houses and freight forwarders. These companies have access to personal information needed to perform their functions but are not permitted to share or use the information for any other purpose;
• business partners with whom we may jointly offer products or services. You can tell when a third party is involved in a product or service you have requested because their name will appear with ours. If you choose to access these optional services, we may share information about you, including your personal information, with those partners. Please note that we do not control the privacy practices of these third-party business partners and recommend you evaluate their practices before deciding to provide your personal information;
• companies within our group of companies. Sharing this information with our corporate affiliates, including international corporate affiliates such, Kong’s (UK) Limited and Aqua Pacific (UK) Limited enables us to provide you with information about products and services which might interest you. To the extent that our corporate affiliates have access to your information, they will follow practices that are at least as restrictive as the practices described in this Privacy Statement.

Other than as set out above, you will be notified when personal information about you will be shared with third parties, and you will have an opportunity to choose not to have us share such information.

We also may share aggregate or anonymous information with third parties, including advertisers and investors. For example, we may tell our advertisers the number of visitors our website receives or what are the most popular product items viewed. This information does not contain any personal information and is used to develop content and services we hope you will find of interest.

Transfer of Information Overseas

At present, we centralise our collection and storage of personal information in the United Kingdom. As a consequence we may perform some data processing of your personal information outside Australia, for example in the United Kingdom. To do this, we may transfer your personal information internationally to other countries including the United Kingdom. We will only transfer your personal information to another country if:

• we reasonably believe that the recipient of the information is subject to a law, binding scheme or contract which effectively upholds principles for fair handling of your personal information that are substantially similar to the National Privacy Principles; or
• the transfer is necessary for the performance of a contract between you and us, or for the implementation of pre-contractual measures taken in response to your request; or
• we have taken reasonable steps to ensure that the information which we have transferred will not be held, used or disclosed by the recipient of the personal information inconsistently with the National Privacy Principles.

We will protect your personal information no matter where we process or store your data by following this Privacy Statement. By using the website or whenever you provide us with personal information (by whatever means) you give your consent to such use and / or the transfer of your personal information.

Other legal obligations

We may be required by law to disclose information you have provided as follows:

• to conform to the edicts of the law or comply with legal process served on us or the site;
• where we have reason to suspect that unlawful activity has been, is being or may be engaged in, as part of its investigation of the matter or in reporting its concerns to relevant persons or authorities in relation to the property of Kong’s, and
• to act under exigent circumstances to protect the personal safety of users of the website or the public.

We may also disclose your personal information to various other law enforcement agencies and government agencies where such disclosure is required by law or court order.

We will only keep and use your personal information for as long as we need to and once no longer required, this information will be destroyed in a secure manner.

Web Technologies and Security

Non-identifiable website traffic information is collected by us in order to analyse website usage so we may improve our website, online and other services to you.  Kong’s web servers may collect information so as to help diagnose problems or support issues, however this information collected cannot be traced or recognised as an individual user.

Kong’s takes all reasonable measures to ensure personal information collected is held securely, be that by physical or personal means, computer and network systems or in all communications and whilst all care is taken, Kong’s and its related entities cannot be held responsible for unauthorised access to, use of, tampering of or theft of such information.

Where we may provide links to other websites of businesses who we believe engage in reputable and ethical business practices, we cannot ultimately be held responsible for the management or privacy handling practices of personal information for such sites and we therefore urge all users to view carefully such sites own privacy statement.

Access, Correction and Confirmation of your Personal Information

From time to time we may contact you to ensure the personal information we hold about you is correct and up to date.

We will, on written request by you, provide you with access to the personal information we hold about you, unless there is an exception which applies under the National Privacy Principles as set out in Schedule 3 to the Privacy Act. We may recover from you our reasonable costs of supplying you with access to this personal information and your request to provide access to this personal information will be dealt with in a reasonable time. If we refuse to provide you with access to the personal information, we will provide you with reasons for the refusal and inform you of any exceptions relied upon under the National Privacy Principles.  You may also ask us to correct or update any information we hold about you.  These requests should be made in writing to the Privacy Officer.

From time to time, when you contact us, we may request proof of identity from you.  This is to ensure that we know it is you we are liaising with and not an unauthorised and unidentifiable person.

Opting – Out

It is our intention to send you information and communications that will be useful to you and that you would like to receive. When providing information to us, you may have consented to allow us to retain your personal details and send to you the kinds of information described within this statement.  If you later change your mind, please inform us in writing via email or post.

Further Information, Questions and Concerns

If after reading this statement, you have further questions or concerns relating to the collection and use of personal information you provide to us or the security of such, please feel free to contact us via our Privacy Officer.

From time to time we may update this Privacy Statement, so please feel free to check back and see what’s new about how we collect, protect and use your personal information.

Last Updated 27/06/2007.