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Update 20 November 2019

 

This Privacy Policy applies to the http://www.kymdan.com.au (the “Site”) which is run by Saigon - Kymdan Rubber Stock Company (“Kymdan”) with registered address: 28 Binh Thoi St., Ward 14, Dist.11, Ho Chi Minh City, Vietnam.

Kymdan regards Your privacy as very important and recognizes the importance of honest and responsible use of Your Personal Information. This Privacy Policy (the “Policy”) explains how Kymdan collects, uses, protects and discloses Personal Information and data about You when You visit the Site and when You contact Kymdan, whether by e-mail, post, fax or telephone using the contact options on the Site. The word “Us,” “We,” or “Our,” refer to Kymdan.

Any Personal Information we collect about you will only be used for the purposes indicated in this Policy, where we have your consent to do so, or as otherwise required or authorised by law. Our commitment in respect of Personal Information is to abide by the National Privacy Principles set out in the Privacy Act 1988 (Cth) and any other relevant law.

Kymdan collects two types of Information about and from You, each of which is described more fully in this Privacy Policy. The Information that identifies You individually is “Personal Information”, and Information that is generated as a result of Your activity without identifying You personally is referred to as “Usage Information”. Both are referred to as “Information”.

The Information You provide to Us through the Site will initially be collected by Kymdan, but may then be shared with other subsidiaries, subcontractors, partners, agents, processors or official authorities. All references to the Kymdan in this Privacy Policy therefore include Saigon - Kymdan Rubber Stock Company and any of their Group companies (the “Group”), unless stated to the contrary. Depending upon Your relationship with Kymdan, We may separately provide You with further details about Our use of Your Personal Information.

By providing Your Information to Us, You consent to the collection and use of Your Information as specified in this Privacy Policy.

The Personal Information we collect about you is necessary to enable us to provide the services set out in this Privacy Policy. If you do not allow us to collect your Personal Information, we may be unable to assist you with your request. 

The Site may contain links to other websites that are operated by third parties. This Privacy Policy does not apply to, and We are not responsible for, the privacy practices or the content of these other websites. The inclusion of a link on the Site does not imply endorsement of the linked website or service by Kymdan. Please read the privacy policies of the other website to learn how such third parties collect, use, share, and secure Information about You.

It is important to Us that You feel comfortable in visiting the Site and sharing Your Information with Us.

  

  1. What type of Usage Information does Kymdan collect?

“Usage Information” is any Information about or from You that does not reveal Your specific identity or is generic.

When You visit Our Site, We may automatically collect standard internet and website log information and details of patterns about how website visitors behave. The Information We may collect includes Information about Your Internet service provider, Your operating system, browser type, domain name, the Internet protocol (IP) address of Your computer (or other electronic Internet- enabled device), Your access times, the website that referred You to Us, the web pages You request and the date and time of those requests. This may allow Us to find out which parts of the Site are popular or need changing. We may collect this information as a part of log files as well as through the use of cookies or other tracking technologies.

If You use the search facilities available on any of the Site, search queries and results are logged anonymously without any user specific details being collected. Our collection of website use Information may also involve the use of cookies and web beacons.

If You want to contact Us, make a purchase or to use certain other services We provide on the Site, You will need to provide Us with some additional Personal Information so that We can liaise with You and deal with Your request, query, purchase or application. If You do choose to provide Us with Your Personal Information, We will collect that Information for Our own use and for the purposes described in this Policy.

 

  1. How is Usage Information Collected and used?

We and Our third party service providers may collect Usage Information in a variety of ways, including:

Through Your browser or device: Certain Information is collected by most browsers or automatically through Your device, such as Your Media Access Control (MAC) address, computer type (e.g., Windows or Macintosh), screen resolution, operating system, browser name and version, device manufacturer, device model, and language.

Using Cookies: We and Our third party service providers Use a feature of Your Internet Web browser called a “cookie” to assign a unique identification to Your computer. Cookies are small data files that a website or email may send to Your browser, and which may be stored on Your hard drive. Cookies allow Us to collect Information such as time spent on the website, pages visited, language preferences, and other traffic data. We use this Information to enhance Your experience on the website, to continually improve the design and functionality of the website, and to assist Us with resolving certain of Your questions.

We may partner with companies that facilitate relationships We have with other companies (Our marketing affiliates) that promote Us on their website. These facilitator companies, along with Our marketing affiliates, utilize cookies to gather Information concerning customer referrals from affiliate website to the website. This Information is Used to help Us fulfill Our contractual obligations to the third party marketing affiliates.

You may choose to set Your Web browser not to accept cookies at the individual browser level. If Your cookies are disabled, You can still view the website, but some functionality may be limited, and You will not be able to create a Kymdan account or make purchases.

Analytics: We may use third party analytics services, such as Google Analytics, in connection with the website and other services. Such third party services may use cookies and similar technologies to collect and analyze Information about use and to report on activities and trends. Such services may also collect Information regarding the Use of other website, applications, and online resources. For more Information about Google Analytics, please go to www.google.com/policies/privacy/partners/. You may download the Google Analytics opt out browser add-on at https://tools.google.com/dlpage/gaoptout. 

IP Address: Your IP address is a number that is automatically assigned to the computer that You are using by Your Internet Service Provider. An IP address may be identified and logged automatically in Our server log files whenever a user accesses Our online services, along with the time of the visit and the pages visited. Collecting IP addresses is standard practice and is done automatically by many website, applications, and other services. We use IP addresses for such purposes as calculating use levels, diagnosing server problems, and administering Our online services.

From You: Information such as Your preferred means of communication and other preferences and Information is collected when You voluntarily provide it to Us.

De-identified Data: We exploit, share, and use for any purpose De-identified Data. For example, We may aggregate Personal Information to calculate the percentage of Our customers who have a particular telephone area code.

We may use and disclose Usage Information for any purpose, except where We are otherwise prohibited under applicable law. If We are required to treat Usage Information as Personal Information under applicable law, then We may collect, store, and use it for all the purposes for which We use and disclose Personal Information.

We may use comments, ideas, information, or feedback that You may submit in any manner that We may choose without notice or compensation to You.

 

  1. What type of Personal Information does Kymdan collect?

“Personal Information” is Information or an opinion that reasonably identifies You as an individual, or relates to an individual person. 

We receive Personal Information when You voluntarily provide it to Us, such as when You:

  • place an order, such as purchasing a bed (a “Bed”);
  • schedule a delivery;
  • create an account online or register a user profile (a “User Profile”) for You;
  • participate in a sweepstakes, promotion, or survey;
  • apply for financing;
  • visit our website;
  • complete a warranty card or other form;
  • send an email to Us with a request for Information or an inquiry;
  • call Us with a question or a concern;
  • participate in another activity with Us, such as using any of Our

This Information will be collected primarily from You as Information voluntarily provided to Us, but We may also collect it where lawful to do so from (and combine it with Information from) public sources, third party service providers, individuals whom You have indicated have agreed for You to provide their Personal Information, government, tax or law enforcement agencies and other third parties. We may also collect Personal Information about You from Your use of other Group services.

Where You choose to provide personal details to Us, We may collect the following Personal Information from You:

  • Your full name, title and gender;
  • Your work and home contact details e.g. address, fax number, telephone numbers and e-mail address;
  • the reason for Your contact, which may be an enquiry, a purchase, a request or enquiry on behalf of someone else, a customer service need, providing a comment, a job application, or details in relation to a possible or existing order or service contract;
  • if You create an account – Your username, password, e-mail address and Your full name, address and telephone numbers;
  • employment and personal and educational details You choose to provide to Use as part of any application for employment e.g. Your employee ID, including national insurance number, other governmental identity number, and if needed, driver’s license number and/or passport number, Your date of birth, place of birth, nationality;
  • financial account Information, such as credit/debit card number and other payment Information;
  • Your contact and marketing preferences;
  • if You take a survey or interact with Us in various other ways - demographics Information and Information about subjects that may interest You;
  • Information necessary for legal compliance (including details of disability); and/or
  • where You “like” Us or make posts on Our pages on social networking website.

If You do not provide the information requested by Us, We may not be able to provide You with Our services.

If You provide personal information to Us about someone else, You must ensure that You are entitled to disclose that information to Us and that, without Us taking any further steps required by privacy laws, We may collect, use and disclose such information for the purposes described in this Privacy Policy. For example, You should take reasonable steps to ensure the individual concerned is aware of the various matters detailed in this Privacy Policy. The individual must also provide the consents set out in this Privacy Policy in respect of how We will deal with their Personal Information.

It is not common practice for us to collect sensitive information about you (such as information about your health, religion, trade union membership, political opinion, sexual preference or criminal record). We will only collect sensitive information about you with your consent.

 

  1. How and why does Kymdan use Information about You?

Kymdan may use Information about You for purposes described in this Privacy Policy or as otherwise disclosed to You on Our Site or with Our services. For example, We may use Information about You for the following purposes:

  • to respond and/or deal with Your request or enquiry;
  • to process and administer Your job or similar application(s) (including placement or apprenticeship opportunities, as appropriate), Your order(s) or purchase(s) of Our products and/or services;
  • to improve Our products and services and to ensure that content from the Site is presented in the most effective manner for You and for Your computer (or other electronic Internet- enabled device);
  • to administer the Site;
  • for internal record keeping;
  • to contact You (directly, either by Kymdan or by the Group or through a relevant partner or agent) by e-mail or phone for the above reasons;
  • subject to Your consent where required under applicable laws, to carry out direct marketing and/or e-mail marketing that You have requested;
  • where necessary as part of any restructuring of Kymdan or sale of a relevant Group company’s business or assets;
  • to perform any contract Kymdan has with You;
  • for compliance with legal, regulatory and other good governance obligations; and
  • for transfer of data to third-parties (see section below on Does Kymdan share Personal Information with third parties?).

This list is not intended to be exhaustive and may be updated from time to time as business needs and legal requirements dictate. Some of the Personal Information that Kymdan maintains will be kept in paper files, while other Personal Information will be included in computerized files and electronic databases as set out in more detail below.

In most cases, the Information Kymdan processes about You is required to deal with Your request, purchase or registration, or required by law, or is necessary for the exercise of Kymdan’s legitimate business interests and needs, in which case special care is taken to safeguard Your rights and to ensure any such Use is proportionate.

Kymdan or Group may also convert Personal Information into anonymous data and use it (normally on an aggregated statistical basis) for research and analysis to improve Kymdan’s or Group’s performance. In addition, Kymdan or Group may use pixels or transparent GIF files, to help manage online advertising. Any Information that We collect and share is anonymous and not personally identifiable.

 

  1. Does Kymdan share Personal Information with third parties?

Your Personal Information will be made available for the purposes mentioned above (or as otherwise notified to You from time to time), on a ‘need-to-know’ basis and only to responsible management, human resources, accounting, legal, logistics, audit, compliance, information technology and other corporate staff who properly need to know these details for their functions within the Group. Please note that certain individuals who will see Your Personal Information may not be based at Kymdan or in Your country as explained below.

We may share Personal Information within the Group as needed for reasonable management, analysis, planning and decision making, including in relation to taking decisions regarding the expansion and promotion of Our product and service offering, order or customer request fulfillment and for Use by those companies for the other purposes described in this Policy.

We may disclose Your Personal Information to Our affiliates, vendors, or business partners who are acting on Our behalf. By providing us with Your Personal Information, You consent to us disclosing Your Information to such entities without obtaining Your consent on a case by case basis.

We may also disclose Your Personal Information to third parties so that they can offer products and/or  services  about  which  they  or  We  believe  You  may  have  an  interest.  Your Personal Information may also be made available to third parties (within or outside the Group) providing relevant services under contract to Kymdan, or the Group, such as employment recruiters, human resources support services, marketing agencies, credit card processors, auditors and compliance managers, providers or call centers and IT hosting and IT maintenance providers, sending Our marketing communications, delivering packages, assisting in managing customer Information, fulfilling Information requests, processing payments, fulfilling promotions, conducting research, analysis or administering surveys, processing financing applications or allowing You to participate in a partners’ loyalty programs. These companies may use Information about You to perform their functions on Our behalf. Kymdan has put in place various security and data privacy measures, including with such third parties, in order to protect Personal Information and shall seek to comply with applicable legal requirements.

Some of Your Personal Information may be used by marketing agencies, acting on Our behalf, to carry out a data matching exercise. This is carried out on behalf of Kymdan to ensure that We provide You with relevant marketing Information (where You have opted in to receiving such marketing). This is sometimes referred to as “profiling”.

You may choose to disclose Your Personal Information through Our ratings and reviews pages, social media pages (e.g. Facebook), and other similar services to which You are able to post Information and materials. Any Information that You post or disclose through these services may become public Information and may be available to other users and the general public. We urge You to be very careful when deciding to disclose any Information.

We may disclose specific Information upon lawful request by government authorities, law enforcement and regulatory authorities where required or permitted by law and for tax or other purposes, such as to a Court, Tribunal or law enforcement agency in response to a request or in response to a subpoena or to the Australian Taxation Office. Personal Information may also be released to external parties in response to legal process, and when required to comply with laws, or to enforce Our agreements, corporate policies, and terms of Use, or to protect the rights, property or safety of Kymdan, Our employees, agents, customers, and others, as Well as to parties to whom You authorize the Company to release Your Personal Information.

 

  1. Will Your Personal Information be transferred abroad?

We may from time to time transfer personal information outside Australia in accordance with the Privacy Act to countries whose privacy laws do not provide the same level of protection as Australia’s privacy laws. Our services are only available in the  Australia and are not intended for Use in the European Union. You can only purchase Our products if  Your shipping address is located in Australia. If You are visiting the Site from the European Union and You disclose any Personal Information to Us, please note that We may collect, transfer, and continue to Use Your Personal Information and/or Usage Information outside the European Union for any of the purposes described in this Privacy Policy. By Using Our website and providing Us with Your Personal Information and/or Usage Information, You consent to Our collection, transfer, and continued use of such Information in accordance with this Privacy Policy.

By providing us with your Personal Information, You consent to Us disclosing Your Information to entities located outside Australia and, when permitted by law to do so, on the basis that We are not required to take such steps as are reasonable in the circumstances to ensure that any overseas recipient complies with Australian privacy laws in relation to your information.

Access to your Personal Information

We will provide You with access to the Personal Information we hold about You, subject to limited exceptions in the Act. You may request access to any of the Personal Information We hold about You, including any credit-related Personal Information We hold about You, at any time.

To access Personal Information that We hold about You, use the contact details specified below. We may charge a fee for Our reasonable costs in retrieving and supplying the information to You.

Denied access to Personal Information

There may be situations where We are not required to provide You with access to Your Personal Information. For example, such a situation would be information relating to an existing or anticipated legal proceeding with You, or if Your request is vexatious.

An explanation will be provided to You if we deny You access to Your Personal Information We hold.

Business without identifying You

In most circumstances it will be necessary for us to identify You in order to successfully do business with You, however, where it is lawful and practicable to do so, We will offer you the opportunity of doing business with Us without providing Us with Personal Information. Such a situation would be where You make general inquiries about the service providers specified on the Site or current promotional offers.

 

  1. What choices does Kymdan offer You with regard to the use of Your Personal Information and direct marketing?

Kymdan may wish to provide You with Information about new products, services, promotions and offers, which may be of interest to You and may invite You to take part in market research or request feedback on Our products and services and the Group’s products and services. This communication may occur by e-mail, telephone, post or SMS. We will obtain Your consent and advise You of how to opt-out of receiving such communications where We are required to do so in accordance with applicable law.

To opt out or discontinue receiving marketing communications from Us by using one of the following options:

  • Follow the instructions in a marketing email from
  • Please inform Us as specified in The Contact Us section.

Be sure to include Your current contact Information, such as Your full name, address, phone number, and email address. Indicate specifically what type of marketing communication(s) and method(s) You desire to stop receiving. This will ensure We identify You correctly in Our systems and accurately process Your request. We will try to comply with Your request as soon as reasonably practicable. We will not charge You for giving effect to Your request and will take all reasonable steps to meet Your request at the earliest possible opportunity.

 

  1. What safeguards are in place to protect Your Personal Information?

We will take reasonable steps to protect your Personal Information, including your credit-related ersonal Information, by storing it in a secure environment, and when the information is no longer needed for any purpose for which the information may be used or disclosed, it will be destroyed or permanently de-identified.

We will also take reasonable steps to protect any Personal Information from misuse, loss and unauthorised access, modification or disclosure.

While We take these reasonable efforts to safeguard Your Personal Information, We cannot guarantee the security of any Personal Information You disclose online. You accept the inherent security implications of dealing online and will not hold Us responsible for any breach of security unless such breach has been caused by the specific negligence of the Company, the Group or their agents.

 

  1. What rights do You have to update, review and amend Personal Information?

It is important to our relationship that the personal information we hold about you is accurate and up to date. During the course of our relationship with you we will ask you to inform us if any of your personal information has changed.

You also have the right to review Your Personal Information held by Kymdan and have certain inaccurate Information about You corrected. We will generally rely on You to assist Us in informing Us if the information We hold about You is inaccurate or incomplete.

If You wish to do so, or to contact the Company in respect of its data processing activities, please contact Us as specified in The Contact Us section.

 

  1. Keeping You informed

We will keep Your details on record until We have completely dealt with Your request, enquiry or application and then for a reasonable period afterwards, in accordance with data protection and other applicable legislation.

Kymdan may keep Your details on record for as long as is necessary for the purposes set out above and will then securely delete Your details in accordance with the applicable legislation.

 

  1. Further Information and Complaints

You may request further information about the way we manage your Personal Information or lodge a complaint by contacting Us on the contact details below.

We will deal with any complaint by investigating the complaint, and providing a response to the complainant within 15 business days, provided that we have all necessary information and have completed any investigation required. In cases where further information, assessment or investigation is required, we will seek to agree alternative time frames with you.

 

  1. Changes to this Privacy Policy

We keep this Policy under regular review. We may change this Policy from time to time as the need arises by updating this page in order to reflect changes in the law and/or Our privacy practices and to keep up to date with market expectations. The date at the top of this Policy will be updated accordingly.

 

  1. Contact Us

If You have any questions about this Privacy Policy, please contact Us at contactus@kymdan.com

Thank you for your interest in Kymdan products