Privacy policy

Vital nexus Pty Ltd Privacy Policy 

Vital Nexus Pty Ltd (ABN 23 672 382 900), trading as Oligenics (“Oligenics”, “we”, “us”, “our”), operates this website and store, including all related information, content, features, tools, products and services (the “Services”). Our Services are hosted and powered by Shopify, which provides us with the e-commerce platform that enables us to offer the Services to you. 

This Privacy Policy explains how we collect, use, store, disclose and protect your personal information when you visit, use or make a purchase or other transaction through the Services, or otherwise communicate with us. 

If there is a conflict between this Privacy Policy and our Terms of Service, this Privacy Policy controls only the collection, use and disclosure of your personal information. 

By accessing or using our Services, you acknowledge that you have read and understood this Privacy Policy and consent to the collection, use, processing and disclosure of your personal information as set out in this Privacy Policy and as otherwise permitted or required by law. 

Nothing in this Privacy Policy limits your rights under the Privacy Act 1988 (Cth) or the Australian Consumer Law (ACL). 

Personal Information We Collect or Process 

For the purposes of this Privacy Policy, “personal information” means information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether true or not and whether recorded in material form or not, in accordance with the Privacy Act 1988 (Cth). 

Personal information does not include information that has been de-identified or aggregated so that it cannot reasonably be used to identify you. 

We only collect personal information that is reasonably necessary for, or directly related to, our functions and activities. The categories of personal information we may collect, hold, and process include (depending on how you interact with the Services and as permitted or required by applicable law): 

  • Contact details including your name, billing and shipping address, email address, and telephone number. 

  • Financial information such as credit or debit card details, financial account numbers, transaction history, and payment confirmation. We do not store full payment card numbers; these are processed securely through our payment providers. 

  • Account information such as your username, password, security questions, and account preferences or settings. 

  • Transaction information including the items you view, place in your cart, add to your wish list, purchase, return, exchange, or cancel, and your purchase history. 

  • Communications with us including the content of your correspondence (for example, customer service inquiries, feedback, or reviews). 

  • Device and technical information including IP address, browser type, operating system, and device identifiers. 

  • Usage information regarding your interactions with the Services, including access times, navigation patterns, and browsing behavior. 

  • Inferences drawn from the above information to tailor and improve the Services, subject to applicable laws. 

Where lawful and appropriate, we may also collect personal information about you from third-party sources (for example, identity verification services, logistics providers, or marketing partners) to provide the Services or to comply with legal obligations. 

Personal Information Sources 

We collect personal information from a variety of lawful sources, and only to the extent reasonably necessary for our business functions and activities. These sources include: 

  • Directly from you: For example, when you create an account, make a purchase, complete a form, communicate with us, or otherwise provide us with your details. 

  • Automatically through the Services: This may include information collected from your device when you access our websites or use our Services, such as through cookies, pixels, analytics tools, log files, and similar technologies. You can control certain cookie settings through your browser, but please note that disabling cookies may limit functionality of the Services. 

  • From our service providers: When we engage trusted third parties to provide functions on our behalf (such as payment processing, IT services, hosting, analytics, shipping, and marketing), they may collect or process personal information and share it with us in order to deliver their services. 

  • From business partners and other third parties: For example, identity verification services, advertising networks, or other merchants operating through the Shopify platform. Where we receive information from third parties, we rely on them to have obtained your consent or to be otherwise legally permitted to share that information with us. 

  • From publicly available sources: In some circumstances, we may collect information that is publicly available (for example, verifying your business details where relevant). 

Where we collect personal information from third parties, we will take reasonable steps, as required by the Privacy Act 1988 (Cth), to notify you and ensure you are aware of the collection. 

How We Use Your Personal Information 

We only use personal information for purposes that are lawful, directly related to our business functions, and reasonably necessary to provide the Services. Depending on how you interact with us, we may use your personal information for the following purposes: 

  • To provide, operate, and improve the Services 
    We use your details to perform our contract with you, process and confirm payments, fulfil and deliver orders, manage accounts, facilitate returns and exchanges, verify your identity, and provide customer support. This includes remembering your preferences, maintaining wishlists or cart items, and tailoring product recommendations. 

  • To personalise your experience 
    We may analyse your interactions with the Services to offer customised shopping experiences, including product suggestions or marketing based on past purchases, viewed items, and expressed preferences. 

  • To communicate with you 
    We use your information to respond to enquiries, send service updates, provide order and delivery confirmations, and keep you informed about changes to our Services or policies. 

  • For marketing and promotional purposes 
    With your consent where required, we may send you marketing emails, SMS messages, or postal communications about our products, offers, and promotions. We may also display targeted advertising through online platforms and social networks. You may opt out of marketing communications at any time by following the instructions in our messages or contacting us directly. 

  • For security, fraud prevention, and risk management 
    We may use your information to authenticate your account, prevent, detect, and investigate fraudulent, abusive, or unlawful activity, enforce our Terms of Service, protect our rights, and secure the Services. 

  • To comply with legal and regulatory obligations 
    We may use or disclose personal information where required or authorised by law, including responding to lawful requests from regulators, courts, or enforcement bodies, or to meet recordkeeping, tax, and consumer law obligations. 

  • For internal business purposes 
    This may include training, quality assurance, auditing, research and development, service improvement, analytics, and reporting. Personal information used in this context may be aggregated or de-identified wherever possible. 

  • With your consent 
    In addition to the above, we may use your personal information for other purposes with your express consent. Where consent is the lawful basis, you may withdraw your consent at any time. 

How We Disclose Personal Information 

We only disclose personal information where it is lawful and reasonably necessary to provide the Services, meet our business obligations, or comply with legal requirements. In particular, we may disclose your personal information in the following circumstances: 

• Service providers and business partners 
We may share your information with trusted third-party service providers who perform functions on our behalf, including IT support, website hosting, payment processing, fraud detection, data analytics, marketing, cloud storage, logistics, fulfilment, and shipping. These parties are only given access to the information necessary to perform their services and must handle your information in accordance with applicable privacy laws. 

• Shopify 
Our store is hosted on Shopify. Information you submit through the Services is transmitted to Shopify and may be processed in other jurisdictions. Shopify also supports personalised advertising and analytics across its platform, which may involve the use of your data in line with Shopify’s own privacy policy. You can read more about how Shopify processes data here: Shopify Privacy Policy. 

• Marketing and advertising partners 
With your consent where required, we may share limited personal information with selected partners for the purpose of targeted advertising and promotional campaigns. These partners must use your information in accordance with their own privacy policies. Depending on where you live, you may have the right to opt out of such disclosures for targeted advertising purposes. 

• At your direction or with your consent 
We may share your information when you request it, such as when we need to ship an order through a courier, integrate with a payment provider, or where you use a social media login or widget that facilitates data sharing. 

• Corporate group 
We may share your information with our related companies, affiliates, or within our corporate group for operational, administrative, or compliance purposes. 

• Legal and regulatory obligations 
We may disclose your information where required by law, regulation, or legal process, such as in response to subpoenas, lawful requests from enforcement authorities, or to comply with tax and recordkeeping requirements. We may also disclose information to enforce our Terms of Service, protect our rights, investigate fraud, or ensure the safety of our users. 

• Business transactions 
If we undergo a merger, acquisition, restructuring, or sale of assets, your personal information may be disclosed as part of that transaction. In such cases, we will ensure appropriate safeguards are in place to protect your privacy. 

• De-identified or aggregated data 
We may disclose non-personal, de-identified, or aggregated information that cannot reasonably be used to identify you, for business, research, or marketing purposes. 

Relationship with Shopify 

Our Services are hosted and powered by Shopify. This means that information you provide through the Services is transmitted to Shopify, which processes personal information to help operate and improve the platform. Shopify may also use data about your interactions with our store, along with information from other merchants, to provide enhanced features such as analytics, security monitoring, and personalised advertising. 

In these circumstances, Shopify is the independent data controller (or equivalent under applicable law) for its own processing activities and is responsible for responding to requests regarding personal information it processes for those purposes. 

Your personal information may be transferred, stored, or processed in countries outside your country of residence, including jurisdictions that may not provide the same level of data protection as your home country. By using our Services, you consent to such transfers as permitted by law. 

To learn more about how Shopify uses your personal information, and to exercise any rights you may have with respect to Shopify’s processing, please review the Shopify Consumer Privacy Policy and, if applicable, submit a request through the Shopify Privacy Portal. 

To the maximum extent permitted by law, Vital Nexus Pty Ltd (trading as Oligenics) is not responsible or liable for Shopify’s independent collection, use, or disclosure of your personal information. 

Third-Party Websites and Links 
The Services may include links to websites, applications, or online platforms operated by third parties. These third-party sites are not owned, controlled, or endorsed by us. If you choose to access them, you do so at your own risk. 

  • You should carefully review the privacy, security, and terms of use of any third-party site before providing your personal information. 

  • We are not responsible for, and do not guarantee, the privacy practices, security, accuracy, completeness, or reliability of third-party sites, content, or services. 

  • Any information you provide on public or semi-public platforms (including third-party social networking sites) may be visible to others and may be used without limitation by us or by third parties. 

  • Our inclusion of third-party links does not imply endorsement or acceptance of responsibility for those sites, their operators, or their content, except where expressly disclosed. 

  • To the maximum extent permitted by law, we disclaim all liability for any loss, damage, or harm (including indirect or consequential losses) that you may suffer from accessing, using, or relying on third-party websites, content, or services. 

Children's Data 

The Services are not directed to or intended for children, and we do not knowingly collect personal information from anyone under the age of majority in their jurisdiction (18 in Australia). By using the Services, you represent that you are not a minor. 

  • If you are a parent or legal guardian and believe your child has provided personal information to us, please contact us using the details provided below. We will take reasonable steps to delete such information from our systems. 

  • We do not knowingly “sell” or “share” (as those terms are defined in applicable law) the personal information of individuals under 16 years of age. 

  • To the maximum extent permitted by law, we disclaim liability for any personal information submitted to the Services by a minor without parental or guardian consent. Responsibility for monitoring and supervising children’s use of online services rests with parents and guardians. 

  • If we become aware that we have inadvertently collected personal information from a child without appropriate consent, we will delete it as soon as reasonably practicable. 

Security and Retention of Your Information 

We use reasonable technical, administrative, and physical safeguards to protect the personal information we collect and hold. However, no method of transmission over the internet or method of electronic storage is completely secure, and we cannot guarantee the absolute security of your personal information. You are responsible for maintaining the confidentiality of any account credentials and for all activities that occur under your account. 

Any information you send to us may not be secure while in transit. We strongly recommend that you do not use unsecure channels (such as unencrypted email) to send us sensitive or confidential information. 

We retain personal information for as long as necessary to provide you with the Services, to comply with our legal and regulatory obligations, to resolve disputes, to maintain business records, and to enforce our rights and agreements. When personal information is no longer required, we will take reasonable steps to securely destroy or de-identify it in accordance with applicable law. 

To the maximum extent permitted by law, Vital Nexus Pty Ltd trading as Oligenics is not liable for any unauthorised access to, or disclosure, alteration, or destruction of, personal information, except where this cannot be excluded under the Australian Consumer Law or the Privacy Act 1988 (Cth). 

Your Rights and Choices 

Depending on where you live, you may have some or all of the rights listed below in relation to your personal information. However, these rights are not absolute, may apply only in certain circumstances, and in some cases we may lawfully decline your request. Where required, we will explain our reasons for doing so. 

• Right to Access / Know. You may request access to the personal information we hold about you, subject to verification of your identity and applicable legal restrictions. 
• Right to Delete. You may request that we delete personal information we maintain about you. In some cases, we may be required to retain certain information (for example, for legal, tax, recordkeeping, or fraud prevention purposes). 
• Right to Correct. You may request that we correct or update inaccurate or incomplete personal information we maintain about you. 
• Right of Portability. In certain circumstances and with some exceptions, you may request a copy of the personal information we hold about you and ask that we transfer it to another entity. 
• Managing Communication Preferences. You may opt out of receiving promotional emails by using the unsubscribe link in those emails. Even if you opt out, we may still send you non-promotional emails, such as those relating to your account, orders, or important service updates. 
• Right to Restrict or Object to Processing. In some jurisdictions, you may have the right to restrict or object to how we process your personal information, particularly for marketing purposes. 
• Right to Withdraw Consent. Where our processing relies on your consent, you may withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before consent was withdrawn. 
• Right to Complain. You may lodge a complaint with your local data protection authority if you believe we have not handled your personal information in accordance with applicable law. We encourage you to contact us first, so we can try to resolve your concerns. 

We may need to verify your identity before processing any rights requests. You may also authorise an agent to make requests on your behalf, subject to providing valid authorisation and identity verification. 

To the maximum extent permitted by law, Vital Nexus Pty Ltd trading as Oligenics is not responsible for any loss or damage suffered as a result of you exercising (or not exercising) your rights under this Privacy Policy, except where liability cannot be excluded under the Privacy Act 1988 (Cth) or the Australian Consumer Law. 

Complaints 

If you have concerns about how we handle your personal information, please contact us first using the details below. We will investigate your complaint and aim to respond within a reasonable timeframe, usually within 30 days. 

If you are not satisfied with our response, you may lodge a complaint with the Office of the Australian Information Commissioner (OAIC) at www.oaic.gov.au, or with the relevant data protection authority in your jurisdiction if you are located outside Australia. 

You may exercise any of the rights described in this Privacy Policy where indicated on the Services, or by contacting us directly. To learn more about how Shopify processes your personal information and any rights you may have in relation to Shopify’s processing, please visit https://privacy.shopify.com/en. 

We will not discriminate against you for exercising your privacy rights. However, please note that: 
• We may need to verify your identity before we can process your requests, as permitted or required under applicable law. 
• In some cases, we may lawfully refuse a request, for example where disclosure would interfere with the privacy of others or where we are required to retain certain information by law. If we refuse, we will provide reasons for our decision. 
• You may designate an authorised agent to make a request on your behalf. We will require proof of this authorisation and may also require you to verify your identity directly with us. 
• Our response times will comply with applicable legal requirements, but may vary depending on the complexity of your request. 

To the maximum extent permitted by law, Vital Nexus Pty Ltd trading as Oligenics is not liable for any loss or damage arising from the exercise of your privacy rights, except where liability cannot be excluded under the Privacy Act 1988 (Cth), the Australian Consumer Law, or other applicable law. 

Complaints 

If you have concerns or complaints about how we collect, use, or disclose your personal information, please contact us first using the contact details provided below. We take privacy matters seriously and will investigate and respond in a timely manner, usually within 30 days. 

Depending on where you live, you may also have the right to escalate your complaint: 

• In Australia, you may lodge a complaint with the Office of the Australian Information Commissioner (OAIC) at www.oaic.gov.au. 
• If you reside in the European Union, United Kingdom, or another jurisdiction with privacy legislation, you may contact your local data protection authority. 
• You may also have the right to appeal our decision directly with us, and we will advise you of the process if this applies. 

To the maximum extent permitted by law, Vital Nexus Pty Ltd trading as Oligenics is not responsible or liable for decisions made by regulators or third-party dispute resolution bodies. 

International Transfers 

Please note that we may transfer, store, and process your personal information outside the country in which you reside. This may include jurisdictions that do not have the same data protection laws as your home country. 

If we transfer your personal information out of the European Economic Area (EEA), the United Kingdom (UK), or another jurisdiction with data transfer restrictions, we will take appropriate safeguards to ensure your information is protected. This may include: 

• Relying on recognised transfer mechanisms such as the European Commission’s Standard Contractual Clauses (SCCs) or equivalent safeguards approved in the UK or other applicable jurisdictions. 
• Ensuring that the recipient is located in a country deemed by regulators to provide an adequate level of protection for personal information. 
• Implementing additional technical, contractual, and organisational measures to safeguard your personal information where required. 

By using our Services, you consent to the transfer of your personal information outside your country, subject to these safeguards. 

Changes to This Privacy Policy 

We may update this Privacy Policy from time to time, including to reflect changes to our practices, technology, legal, or regulatory obligations. When we make material changes, we will update the “Last Updated” date at the top of this page. Where legally required, we will provide you with specific notice (such as by email or prominent notice on our website) and, if necessary, obtain your consent. 

We encourage you to review this Privacy Policy periodically to stay informed about how we are protecting your personal information. 

Contact Us 

If you have any questions, concerns, or complaints about this Privacy Policy or our privacy practices, or if you would like to exercise any of your privacy rights, please contact us: 

Vital Nexus Pty Ltd trading as Oligenics 
📧 Email: info@oligenics.com 
📍 Address: XXXXXX 
☎ Phone: +61 3 9111 9959 

We will take all reasonable steps to respond to your query or complaint promptly and in accordance with applicable law.