Effective Date: August 1, 2024.

Introduction

This Privacy Policy explains how Newlander Australia Pty Ltd, Newgarden Australia ("we", "us", "our") collects, uses, discloses, stores, and protects your personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs).

This Policy applies to all services provided through negarden.au, our related applications, social media pages, and any other online or offline interactions ("Services"). By accessing or using our Services, you agree to the terms of this Policy.

Our Services are intended for individuals aged 18 years and over. We do not knowingly collect personal information from anyone under the age of 18. If we become aware that a person under 18 has provided us with personal information, we will take steps to delete it promptly.

Personal Information We Collect

Identity Information

-  Name

- Date of birth (if provided)

- Account details

Contact Information

- Email address

- Phone number

- Billing and shipping address

Transaction Information

- Order history

- Payment confirmations

- Refund and return details

Payment card details are processed by third-party payment providers and are not stored by us.

Device & Technical Information

- IP address

- Browser type

- Device identifiers

- Cookies and tracking technologies

- Usage analytics

User-Generated Information

- Customer service messages

- Reviews, comments, or uploads

- Social media interactions

Sensitive Information

We do not intentionally collect sensitive information. If you voluntarily provide it, you consent to our handling of it in accordance with this Policy.

How We Collect Personal Information

We collect personal information through:

- Direct interactions (orders, account creation, customer support)

- Automated technologies (cookies, analytics tools, pixels)

- Third-party integrations (payment processors, shipping carriers, marketing platforms)

- Social media platforms when you interact with our accounts

Why We Collect and Use Your Information

Service Delivery

- Processing and fulfilling orders

- Providing customer support

- Managing accounts and preferences

Business Operations

- Fraud detection and prevention

- System maintenance and security

- Internal reporting and analytics

Marketing & Personalisation

- Email marketing (with opt-out)

- Advertising and retargeting

- Personalised product recommendations

Legal & Compliance

- Meeting obligations under Australian law

- Responding to lawful requests from regulators

Disclosure of Personal Information

Service Providers

We may disclose your information to:

- Payment processors (e.g., Stripe, PayPal, Shopify Payments)

- E-commerce platform providers (e.g., Shopify)

- Shipping and logistics partners

- Marketing and analytics providers (e.g., Meta, Google)

- IT and cloud hosting providers

Legal & Regulatory Bodies

- Government agencies

- Law enforcement

- Courts or tribunals

Business Transfers

If we undergo a merger, acquisition, or sale of assets, your information may be transferred as part of that transaction. We do not sell personal information.

Cross-Border Disclosure

Some service providers may store or process information outside Australia, including in the United States, Canada, European Union, Singapore, and other jurisdictions where our partners operate. By using our Services, you consent to the transfer of your personal information to these countries.

We take reasonable steps to ensure overseas recipients comply with the APPs or equivalent protections.

Data Security

We implement reasonable physical, technical, and administrative safeguards, including:

- Encrypted data transmission

- Access controls

- Secure server environments

- Regular security reviews

However, no method of transmission is completely secure, and we cannot guarantee absolute security.

Data Retention

We retain personal information only as long as necessary for the purposes for which it was collected, including legal obligations, tax and accounting requirements, business operations, and customer service and warranty purposes.

In general, we retain financial and transaction records for a minimum of 7 years in accordance with Australian tax law requirements. Customer account information is retained for the duration of the account plus a reasonable period thereafter. When information is no longer required, it is securely destroyed or de identified.

Access and Correction Rights

Under the Australian Privacy Principles, you have the right to request access to your personal information and request corrections to inaccurate or incomplete information. Requests can be made using the contact details in Section 13. We may require identity verification before responding.

Cookies and Tracking Technologies

We use cookies and similar technologies for website functionality, analytics and performance, personalisation, and advertising and retargeting. A cookie consent notice is displayed upon your first visit to our website. You may control cookies through your browser settings or via the consent banner but disabling them may affect site functionality.

Marketing Communications

You may opt out of email marketing, SMS marketing, and targeted advertising (where applicable) at any time. Opt-out links are included in all marketing communications.

Complaints

If you believe we have breached the APPs, you may lodge a complaint with us. We will acknowledge your complaint, investigate the issue, and respond within a reasonable timeframe.

If you are not satisfied with our response, you may contact the Office of the Australian Information Commissioner (OAIC):

- Website: oaic.gov.au

- Phone: 1300 363 992

Contact Us

Newgarden Australia

ABN 18 805 745 435

Email: information@newgarden.au

Effective Date: January 1, 2026.

We respect the privacy of visitors to our digital properties and users of our Services, and we are committed to protecting personal information through our compliance with this Policy.

We collect personal information when you use our Services, contact us, request a quotation or consultation, engage us to undertake work, interact with our website, or otherwise deal with us.

The kinds of personal information that we collect and hold about you depend on the nature of your dealings with us and the circumstances of collection, including whether we collect the information from you as a customer, prospective customer, contractor, supplier, consultant, employee, job applicant, or in some other capacity.

Personal information is any information or opinion about an identified individual, or an individual who is reasonably identifiable. The definition of personal information, or personal data, may vary depending on the laws applicable to you.

Only the definition that applies to your circumstances and jurisdiction will apply to you under this Privacy Policy.

Personal Information does not include information that has been effectively and irreversibly anonymised or aggregated so that it can no longer reasonably be used, whether alone or in combination with other information, to identify you.

Your personal information is collected and used by us to support a range of different activities and business purposes.

The purposes and types of information we collect are listed below and should also be understood to include uses of your personal information that are related, reasonably expected or compatible with the purposes listed.

To respond to enquiries, arrange consultations and provide our Services;

- Contact information, including your name, email address, telephone number and property or project address, so that we can respond to your enquiry and communicate with you;

- Information you provide about your property, proposed project, requirements, preferences, budget, timing and other relevant circumstances;

- Information submitted through our website, enquiry forms, email, telephone, social media or other communication channels;

- Details required to arrange site consultations, meetings, inspections and other project-related appointments.

To prepare quotations, proposals, designs and project documentation;

- Identity and contact information, including your name, telephone number, email address and project address;

- Information about the property, site conditions, existing structures, landscaping, access, services, levels, drainage and other matters relevant to the proposed works;

- Project requirements, design preferences, material selections, plans, drawings, specifications, engineering information, photographs, measurements and other project documentation;

- Information required to prepare estimates, quotations, contracts, variations, schedules and other documents relating to the Services.

To perform, manage and administer projects;

- Customer, property and project information necessary to plan, coordinate and carry out the agreed Services;

- Information required to communicate with designers, engineers, consultants, suppliers, subcontractors and other parties involved in the project;

- Photographs, videos, plans, measurements and other records of the property or works where reasonably necessary for project planning, administration, quality control, progress reporting, safety or record keeping;

- Information relating to project schedules, site access, deliveries, selections, variations, approvals and completion of the works.

To process payments and administer our business relationship with you;

- Identity and contact information required to prepare quotations, contracts, invoices, receipts and other financial or business records;

- Transaction information, including amounts invoiced, payments received, outstanding amounts, variations, refunds or credits where applicable;

- Payment information provided to us or to a third-party payment or financial service provider for the purpose of processing a transaction;

- Information required for accounting, taxation, insurance, auditing and other legitimate business administration purposes.

To provide customer service and support, or to provide you with service-related communications;

- Your communication history with us through channels such as email, telephone, SMS, social media, website forms and other communication platforms;

- Information concerning enquiries, quotations, projects, defects, maintenance, warranties, feedback or other matters relating to our Services;

- Photographs, documents or other information you voluntarily provide to assist us in responding to your enquiry or providing support.

To undertake marketing, advertising or other promotional activities;

- Contact information, such as your name, email address and telephone number, where you have consented to receive marketing communications or where otherwise permitted by law;

- Information about your enquiries, interests or previous dealings with us where reasonably necessary to provide relevant information about our Services;

- Non-directly identifiable information such as device identifiers, browser information, website usage data and cookie information to understand website performance and measure the effectiveness of advertising;

- Information about how you interact with our website or digital content, such as pages viewed, enquiries submitted and advertising interactions, for analytics, market research and improvement of our marketing activities;

- Information you voluntarily provide when participating in a survey, competition, promotion, event or other marketing initiative conducted by Newgarden Australia;

- Photographs, testimonials, reviews or project information may be used for promotional purposes where we have obtained any consent that is reasonably required.

To improve our Services, website and customer experience;

- Device information, browser information, IP address, website usage information and technical data for website analytics, fault analysis, troubleshooting, security and system maintenance;

- Information about enquiries, customer feedback, project outcomes and service interactions to help us improve our business operations and customer experience;

- Information about the types of Services, projects, materials, styles or outdoor environments that are of interest to our customers;

- Reviews, testimonials, feedback and other content that you choose to provide to us or make publicly available.

To work with suppliers, contractors and professional advisers;

- We may provide relevant personal and project information to suppliers, subcontractors, consultants, engineers, designers and other service providers where reasonably necessary to prepare, coordinate or deliver the Services;

- We may provide information to accountants, insurers, legal advisers, information technology providers, cloud service providers and other professional or administrative service providers where reasonably required for the operation of our business;

- We will only disclose personal information where reasonably necessary for the relevant purpose or where otherwise permitted or required by law.

To prevent and investigate fraud, misuse and other unlawful activities;

- Information automatically collected through our website, such as browser type, device information, operating system, IP address and website activity, where reasonably necessary for security, fraud prevention and detection;

- Transaction, payment and account information where reasonably necessary to identify suspicious or fraudulent activity;

- Communication and project records where necessary to investigate disputes, misuse of our Services or suspected unlawful conduct.

To comply with legal or compliance requirements;

- Identity, contact, transaction and project information where necessary to comply with taxation, licensing, insurance, workplace health and safety, building and construction, record-keeping or other legal obligations;

- Information required to establish, exercise or defend legal claims or resolve contractual or commercial disputes;

- Information required to comply with lawful requests from courts, regulators, government authorities, law enforcement agencies or other bodies authorised by law;

- Information required for insurance claims, audits, regulatory investigations or compliance activities.

Other Purposes.

- We may use your information for another purpose disclosed to you at or before the time you provide the information, where you have provided your consent, where the use is reasonably necessary to provide the Services you have requested, or where otherwise permitted or required by law.

When communicating with us by email, through forms on our website, social media, or through other communication channels, we ask that you do not provide sensitive information about yourself or another person unless it is reasonably necessary for us to provide the relevant Service or respond to your request.

We do not generally collect or store sensitive information such as health or genetic information, information about an individual's race or ethnic origin, political opinions or associations, religious or philosophical beliefs, trade union membership, sexual orientation, criminal record, or biometric information used for identification.

Where it is reasonably necessary for us to collect sensitive information, we will do so with your consent or where otherwise authorised or required by law.

If you are or have been our employee, the handling of certain personal information directly related to your employment relationship with us may be exempt from some requirements of the Australian Privacy Principles to the extent permitted by applicable law.

Contact Us

Newgarden Australia

ABN 18 805 745 435

Email: information@newgarden.au

Effective Date: January 1, 2026.

We may disclose and share your personal information with the parties as described below.

Within Our Corporate Organisation.

The Company is a part of a corporate organisation that has several legal entities, business processes, management structures and technical systems. We may share your personal information to our related group companies and, in some cases, other affiliates of our corporate group for business maintenance and personalisation continuity purposes, for instance so that you may enjoy a personalized user experience across our digital properties, to provide you with the Services, or to take actions based on your requests or preferences.

Service Providers.

We may share your personal information with the following types of third-party service providers as set out below:

IT system and software service provider.

- Website hosting services (including cloud storage), mobile app or software optimization services, customer relationship management software, email service providers, or system maintenance services.

Payment service provider.

Third-party payment processing services.

Marketing and advertising services.

- Assistance in reaching potential new customers across multiple communications channels, or sharing with affiliated companies that promote our products on their websites.

Order fulfillment service provider.

- Provision of logistics, warehousing and distribution services, return and exchange services, and order status notification services for your purchased items.

Customer service provider.

- Assistance with customer services and support.

Fraud prevention and information
security service provider.

- Identity verification, fraud prevention, or credit risk reduction services to protect our website/app and our business.

Other Service providers selected by you.

- Other third parties, such as size recommendations and fit prediction services providers, if you have chosen to help us provide you with product recommendations.

We strive to ensure that our third party service providers can only use your data for the purposes for which it was provided to them and to the extent necessary for such purposes, in accordance with our written instructions.

To Maintain Legal and Regulatory Compliance.

We have the right to disclose your personal information as required by law, or when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, request from a regulator or any other legal process served on us. We also may disclose your information where we reasonably believe that the disclosure is necessary to enforce our agreements or policies, or if we believe that disclosure will help us protect the rights, property or safety of the Company or our customers.

Co-Branded Services and Features.

Portions of our Services may be offered as part of co-branded services and features. We will share your personal information with our co-branded partners based on your voluntary use of or participation in a co-branded service or feature. The co-branded partners will be identified on the co-branded feature or service, along with an applicable co branded partner's privacy policy. Use of your personal information by a co branded partner will be subject to a co-branded partner’s privacy policy. If you wish to opt-out of a co-branded partner’s future use of your personal information, you will need to contact the co-branded partner directly.

Consent.

We may disclose your personal information for any purpose with your consent.

Corporate Transactions.

We may disclose personal information including account information, Wallet balance or points information—to a buyer, prospective buyer, corporate affiliate, or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding in which personal information held by us about our Services users is among the assets transferred. You acknowledge and agree to our assignment or transfer of rights to your personal information.

Please note that we may disclose, without restriction, aggregated or anonymised information about the users of our Services, which is information that does not identify any specific individual.

Contact Us

Newgarden Australia

ABN 18 805 745 435

Email: information@newgarden.au

Effective Date: August 1, 2024.

Introduction

At Newgarden Australia, we are committed to transparency in how we operate online. This policy explains how we use cookies, tracking technologies, and third-party images on our website newgarden.au. By continuing to use our Services, you consent to the use of these technologies in accordance with this policy.

Cookies

Cookies are small files transferred to your device through your web browser that allow our systems to recognise your browser and remember certain information. We use both first-party and third-party cookies for the following purposes:

- To ensure our Services function properly

- To provide a secure browsing experience

- To collect information about how you use our Services

- To measure the effectiveness of our marketing campaigns

- To improve and personalise your experience

- To remember your preferences for your convenience

Your Cookie Choices

First-Party Cookies

You can enable, disable or delete cookies through your browser settings. Instructions are usually found within the Help, Tools or Edit menu of your browser. Please note that disabling cookies may affect your ability to access certain areas of the website or use certain features. For more information visit: allaboutcookies.org

Third-Party Cookies

To opt out of third-party advertising cookies, you may withdraw your consent or update your preferences at any time by:

- Clicking the "Manage Cookies" link in the footer of our website

- Visiting aboutads.info/choices

For more information about third-party advertising networks visit: aboutads.info/consumers

Mobile Applications

To opt out of interest-based advertising across mobile applications, download the Digital Advertising Alliance's App Choices app at: youradchoices.com/appchoices

Web Pixels

We use conversion pixels — small lines of code — to measure how our marketing campaigns and website goals are performing. Pixels allow us to record when a particular device, browser or application has visited a specific page or completed a specific action, such as completing a purchase or subscribing to our communications.

Analytics

We use Google Analytics to monitor and analyse traffic and usage on our website. Google Analytics collects information such as how often you visit, what pages you view, and what other websites you visited prior to arriving a newgarden.australia

For more information on Google's privacy practices visit: policies.google.com/privacy

To opt out of Google Analytics data collection, download the Google Analytics Opt-out Browser Add-on at: tools.google.com/dlpage/gaoptout

Behavioural Remarketing

We use Facebook Business Tools to display relevant ads to you on Facebook and Instagram based on your interactions with our website. To manage or turn off personalised ads served by Facebook, visit your Facebook Ad Preferences.

We may also create lookalike audiences by securely uploading a hashed (irreversibly encrypted) list of email addresses to Facebook. Facebook matches this data against its own users to identify similar audiences. We do not have access to the identity of anyone in these audiences unless they interact with our advertising.

Other Tracking Technologies

We may also use the following technologies to improve your experience and monitor usage of our Services:

- Clickstream data — including device type, browser type, IP address, pages viewed and time spent on site

- JavaScript — to accelerate functionality and monitor usage

- Entity tags — to cache portions of the website within your browser for faster performance

- HTML5 local storage — to store data locally within your browser for improved performance

Location Information

If our Services request access to your physical location, you may disable this at any time by:

- Disabling location services within your device settings

- Denying location permissions to our website or application through your browser or device settings

Image Use & Copyright Notice

Some product images displayed on this website are supplied by third-party manufacturers and wholesalers. We use these images in good faith for the purpose of accurately representing the products we offer for sale.

If any image displayed on this website has been used without appropriate permission or infringes upon the rights of its rightful owner, please contact us immediately at information@newgarden.au with the following details:

- Your name and contact information

- A description of the copyrighted image

- The URL or page where the image appears

Upon receiving a valid request, we will review the matter promptly and remove or replace the image without delay.

Contact Us

For any questions regarding this policy please contact:

Newgarden Australia

ABN 18 805 745 435

Email: information@newgarden.au