PRIVACY POLICY
1. Introduction
Welcome! We are Emerson Jane Pty Ltd ABN 86 690 099 551 an online retail store (referred to as “Emerson Jane”, "we," "us," or "our").
We are committed to maintaining the privacy and security of Your personal information and complying with the obligations under the Privacy Act 1988 (Cth) (Privacy Act) and the applicable Australian Privacy Principles. This privacy policy can be viewed on our website located at [insert link to privacy policy on the website] (Website), (together, the Policy).
In relation to this Policy, the use of the terms “You” or “Your” refer to all users of our Website and our products and services.
2. Personal Information we collect
2.1 Generally
Emerson Jane collects certain information about You, and some of that information may be “personal information”, that is information or opinions that may reasonably identify You or may be used to personally identify You, even if the information is not true, whether or not it is in a physical form.
The kinds of information we collect about you depends on your relationship with us. Generally, we may collect information about your device when accessing our Website or social media pages (as applicable), our commentary or opinions about you, your interaction with our Website, information necessary to process your purchases and respond to your requests for our products and services.
We will only collect personal information from you if it is reasonably necessary to provide our goods and services to you, or if you volunteer such information to us on our Website.
Personal information we collect, and hold may include as follows in sections 2.2 - 2.8 below.
2.2 Purchase information
When you make a purchase with us, we collect information directly from you to process payment, arrange shipping, provide you with invoices, communicate with you and provide you with information or advertising relating to our products and services.
When making a purchase, the information collected may include your first and last name, email address, physical address, phone number and any other contact information you provide.
2.3 Customer support information
When you fill in a form on our Website or when you ask to be included in an email list, we may also collect further information that is necessary to allow us to provide relevant services to you.
2.4 Suppliers
If you are a supplier who provides us with goods and services, we will also collect your contact details, ABN (for sole traders and partnerships), business name, bank account details (if required for payment of invoices), marketing and communications preferences, and information about your role including your position.
2.5 Applicants
If you are an applicant for a job opportunity with us, depending on your potential or actual position with us, we will also generally collect your personal information collected within your application and CV/resume, employment history, reference checks, interview process, licences or other certifications, and any other documentation demonstrating your right to work in Australia.
2.6 Entrants
If you are an entrant in any promotion, competition or loyalty program offered by us, we will generally collect personal information necessary to facilitate your entry into the relevant service, and any personal information you disclose in connection with an entry or during the course of participating in the relevant service.
2.7 Device information
When you visit our Website, we may collect data about your interaction with us including your IP address, the date, time and duration of your visit, the number of pages you have downloaded, the type of browser you use, and your operating system.
2.8 Sensitive Information
Except as otherwise permitted or required by applicable privacy laws, we will only collect sensitive information about you (as defined in the Privacy Act) to the extent it is reasonably necessary to offer and fulfil our goods and services, and you have provided your consent. Consent may be implied in the circumstances existing at the time of collection. There may also be circumstances where we collect sensitive information without your consent, as required or authorised by the Privacy Act.
3. How We Collect Your Personal Information
We will generally collect your personal information directly from you when you interact with us, such as in person, by email, by phone, by enquiry or feedback form, via our Website, in our engagement process and/or entering any promotion, competition or loyalty program.
We may also need to collect personal information about you from third parties, from time to time, where it is necessary for us to do so and it is unreasonable or impractical to collect directly from you, where you have consented to us doing so, or where we are otherwise required or authorised to by law. These third parties include, but are not limited to:
(a) our technology service providers and social media platforms (as applicable);
(b) if you are a supplier, any publicly available records for example, from ASIC, the Australian Business Register, or from the relevant business that you are engaged by;
(c) if you are an applicant, referees when they provide references, academic institutions, training service provides, background checking institutions, and other service providers in the engagement process; and
(d) if you are an entrant, from any person authorised by you to submit an entry into the relevant promotion, competition or loyalty program (as applicable).
4. How We Use Your Personal Information
Emerson Jane collects, uses, stores and discloses your personal information (including sensitive information, as applicable) if it is reasonably necessary for, or directly related to the performance of our functions and activities, including providing you with our goods and services.
In doing so, we may use your personal information for purposes including:
(e) fulfilling your purchase orders;
(f) responding to Website enquiries, including enquiries through our social media pages (as applicable);
(g) providing customer support service, and to administer, investigate and resolve any claims or complaints;
(h) improving our products and services;
(i) contacting you to ask for feedback or testimonial;
(j) personalising Your experience on the Website
(k) if you are a supplier, purchasing goods or services from You and enquiring about Your goods and services;
(l) if you are an applicant, considering your application with us; and
(m) if you are an entrant, facilitating the relevant promotion, competition or loyalty program, including to contact, if you have won or received any benefits; and
(n) any other purpose identified for you at the time of collection.
Other than as required or permitted by law, we will not use or disclose Your personal information for a secondary purpose unless You consent to us doing so, or under the circumstances involved we believe You would reasonably expect us to use or disclose the information for a secondary purpose and that secondary purpose is related to the primary purpose of collection (in the case of sensitive information, the secondary purpose is directly related to the primary purpose of collection).
5. How We Share Your Personal Information
5.1 Service providers
We may disclose your personal information to third parties for the purposes contained in this Policy. Third parties to whom we may disclose your personal information may include:
(a) Our related entities, in the event we are involved in a merger, acquisition or sale of assets, we may disclose personal information collected by us to such entities that we propose to merge with or be acquired by, and will ensure that any such entities assume the rights and obligations regarding your personal Information as described in this Policy;
(b) service providers we may use from time to time to perform various functions on our behalf, such as insurance, recruitment, professional advice, hosting, data analysis, payments processing (using third party providers including AfterPay, ApplePay and PayPal), customer support, marketing (using third party provider MailerLite), advertising, and security;
(c) third parties who may remedy or assist in the remedy of an infringement of your, our or a third party’s rights;
(d) any other third parties to whom we may be required by law, allowed by an exception under the Act, or where we have your consent, to disclose information to; and
(e) if you are an entrant, any organisations involved in the promotions, competitions or loyalty programs (as applicable) such as sponsors, government regulators or prize providers.
These providers have access to your personal information only to the extent necessary to perform their services and are contractually obligated to protect your personal information in accordance with this Privacy Policy and applicable laws.
5.2 Overseas data processing
In providing our services to you, we may disclose your personal information to our data processor Wix. Wix processes information in data centres located outside of Australia, including North America and Europe.
Our disclosure will only be for the purposes outlined in this Policy. When we disclose personal information to overseas recipients, we take reasonable steps to ensure they handle it in a way that is consistent with the Privacy Act and the Australian Privacy Principles.
5.3 Aggregated and anonymised data
We may share aggregated and anonymised information that does not directly identify You with third parties for research, analytics, marketing or other purposes.
6. Cookies
We may from time to time use cookies and similar technologies to improve Your Website experience and understand how the Website is used.
A cookie is a small file stored on your device. Cookies may help us recognise your browser, remember preferences, and measure website traffic.
The information collected via cookies and analytics tools may be used to personally identify you. You can manage your cookie preferences and analytic tools using the cookie banner on our Website. You can also disable cookies in your browser settings.
Please note that if you disable cookies, some website features may not function properly.
7. Anonymity and Pseudonymity
We will generally need to know who you are in order to fulfill Your orders. You may visit our Website anonymously and where it is reasonable and practicable we may allow you to communicate with us anonymously or by using a pseudonym, such as where you make a general enquiry.
8. Automated Decision Making
Automated decision making takes place when an electronic system uses personal information and data to make a decision without human intervention. We may use limited automated decision making processes (for example, for administrative, analytical or marketing purposes) and we may use your personal information as part of, or to inform, those processes. However, we do not use automated decision making to make decisions that will have a significant impact on you.
9. Data Storage, Security and Retention
Emerson Jane is committed to protecting the security of your personal information and we take all reasonable precautions to protect it from unauthorised access, modification or disclosure. Your personal information is stored within a secure third party system that is protected in controlled facilities and with restricted access. Our employees and authorised agents are obliged to respect confidentiality of any personal information held by us.
The Internet is not in itself a secure environment and we cannot give an absolute assurance that your information will be secure at all times. Transmission of personal information over the Internet is at your own risk and you should only enter, or instruct the entering of, personal information to our Services within a secure environment.
We’ll only keep your personal information for as long as we require it for the purposes of providing you with our Services. However, we may also be required to keep some of your personal information for specified periods of time, for example under certain laws relating to businesses and financial reporting legislation. When we no longer need to retain your personal information, we will securely delete or anonymize it.
Where we have de-identified the personal information we have collected, we reserve the right to access, aggregate, process and distribute such non-personal information (in accordance with this Policy), provided this data will in no way identify You or any other individual.
10. If We Can’t Collect Your Personal Information
In order to access and review our Website, you are not required to provide any personal information. However, if you are requesting our products and services, and do not provide personal information that is required at the time of your request (or it is incomplete or inaccurate), we may not be able to offer you all the products and services available on our Website. If you are applicant, refusal to provide personal information may mean we are unable to process your application.
11. Notifiable Data Breach
In the event that there is a data breach that constitutes an eligible data breach within the meaning of Part IIIC of the Privacy Act, we will take immediate steps to contain the breach and limit any further access or distribution where possible.
If we have reasonable grounds to suspect that the data breach is likely to result in serious harm to any individuals involved, then we will take all reasonable steps to ensure an assessment is completed within 30 days of the breach or sooner if possible. We will follow the guide published by the Office of the Australian Information Commissioner (if any) in making this assessment.
If we reasonably determine that the data breach is not likely to result in serious harm to any individuals involved or any remedial action we take is successful in making serious harm no longer likely, then no notification or statement will necessarily be made.
Where, following an assessment and undertaking remedial action (if any), we still have reasonable grounds to believe serious harm is likely, we will as soon as practicable provide a statement to each of the individuals whose data was breached or who are at risk. The statement will contain details of the breach and recommendations of the steps each individual should take. We will also provide a copy of the statement to the Office of the Australian Information Commissioner.
We will as reasonably necessary review the incident and take action to prevent future breaches.
12. Third-Party Links
Our Website may contain links to third-party sites. We are not in providing any such links recommending or endorsing any such sites or services or related service providers and any engagement by You with such sites or providers is entirely at Your own risk. We will bear no responsibility or liability for the content on any such sites nor for any ramifications arising out of your engagement with any such sites (if any).
13. Children
Children under the age of 16 are not permitted to purchase our goods or use our services unless their parent or guardian provides consent on their behalf.
If we learn that we have collected the personal information of a child under the age of 16 outside the above circumstances, we will take steps to delete the information as soon as possible.
14. Direct Marketing
We may at times send you marketing communications to provide information about our goods and services that may be of interest. This will be done where permitted by the Privacy Act, and in accordance with the Spam Act 2003 (Cth) (Spam Act).
If we do, we may use email to send you direct marketing communications.
Where consent is needed, we will ask you for your consent before sending you marketing communications. You can, at any time, opt out of receiving direct marketing materials from us by using the opt-out facility provided (e.g., an unsubscribe link on emails we send you) or by contacting us via the details provided at the end of this privacy policy. We will implement such a request as soon as possible (generally, within 48 hours of a request).
We do not sell or rent personal information to third parties for marketing purposes.
15. Access and Control Over Your Personal Information
You have the right to request access to the personal information we hold about you by contacting us at stacey@emersonjane.com.au.
We will process your request as soon as reasonably practicable (generally, within 30 days of the request), provided we are not otherwise legally prevented from doing so. If we are unable to meet your request, we will let you know why in writing, setting out the reasons.
We will ask you to verify your identity before we give you access to your personal information, and we will try to make the process as simple as possible.
16. Correction of Your Personal Information
If you require access in order to correct or update your personal information, you will need to establish why the correction or updates are necessary. We will ask you to verify your identity before we correct or make any changes to your personal information, and we will try to make the process as simple as possible.
If we can verify your identity, we will then take reasonable steps to update or correct your information within a reasonable period of time (generally, within 30 days of the request), so that it is accurate, up-to-date, complete, relevant and not misleading.
We may also correct your personal information if we determine (in our reasonable opinion) that it is inaccurate, out of date, incomplete, irrelevant or misleading.
In certain circumstances we may refuse to update or correct the information held, if we do, we will provide you with written reasons why.
17. Our Privacy Complaints Process
If you wish to complain about how we have handled your personal information, please provide us with the full details of your complaint and any supporting documentation by email at stacey@emersonjane.com.au.
We will endeavour to:
(a) provide an initial response to your query or complaint within 10 business days; and
(b) investigate and attempt to resolve your query or complaint within 30 business days or such longer period as is necessary and notified to you.
If you are still not satisfied, you can contact the Office of the Australian Information Commissioner (OAIC):
Office of the Australian Information Commissioner
Office Address: Level 3, 175 Pitt Street, Sydney NSW 2000
Postal Address: GPO Box 5218, Sydney NSW 2001
Phone: 1300 363 992
Email: enquiries@oaic.gov.au
18. Contacting Us
If you have questions regarding this Policy, you may contact us using the information below:
Email: stacey@emersonjane.com.au
19. This Policy May Be Updated
Emerson Jane reserves the right to change this Policy at any time, and any amended Policy is effective upon publishing to our website. From time to time we will review our Policy to keep pace with changes in our Services and any relevant laws. This document is our most recently updated Policy.
Last updated: 27 May 2026