Privacy Policy

Our commitment to Privacy

Thank you for shopping at Sleeping Duck Inc., trading as “Sleeping Duck” (‘Sleeping Duck’, ‘we’, ‘us’, ‘our’). We take your privacy seriously and are committed to preserving the privacy of all our customers and users.

Accordingly, we have implemented this Privacy Policy to help you understand how we collect, use, disclose, store, handle and protect your personal information.

As well as applying to our interactions with you, this Privacy Policy also applies to all information collected throughout our website located at https://www.sleepingduck.com (‘Website’) and any of our other United States websites, platforms and/or mobile applications we operate for the United States market (collectively ‘ the ‘Services’).

This Privacy Policy sits alongside our Terms of Website Use and any other terms and conditions that apply to the products and services we provide you.

By using the Services, entering into agreements with Sleeping Duck, or otherwise communicating with us, you are consenting to this privacy policy and the processing of your data in the manner set forth in this privacy policy. If you do not agree with the terms set forth in this privacy policy, please do not use the Services or submit any communications to Company.

THE SERVICES ARE NOT INTENDED FOR CHILDREN. IF YOU ARE NOT AT LEAST 13 YEARS OLD. THEN YOU MAY NOT USE OR ACCESS SERVICES IN ANY MANNER. We do not knowingly collect or maintain personal information from persons under 13 years of age. If we learn that personal information of persons under 13 years of age has been collected on or through the Services, we will take the necessary and appropriate steps to delete the personal information.

What is personal information? 

In general terms, ‘personal information’ is information (whether fact or opinion) about an individual or household who is identified or reasonably identifiable from that information or other information combined with that information, and/or any information that can be used to contact you online or offline. The Services may collect personal information when it is provided to us, such as when you use our Services, attempt to contact us, or connect with us on social media or via one of our partners.  

What types of personal information do we collect? 

The types of personal information we collect about you will depend on the purpose for which the personal information is collected. This can include:  

  • if purchasing or procuring our products through our online store – your name, email address, billing or shipping address, telephone number, and your order details;
  • if subscribing to our newsletter, or otherwise requesting to receive news about exclusive offers, promotions or events from us – your name and email address;
  • if responding to a survey or filling out a form – your name and email address;
  • if interacting with our social media accounts or tagging us in social media content (including on Facebook, Instagram and Twitter) – we may collect material which you upload to these platforms or any personal information displayed on these social media platforms;
  • if otherwise contacting us to make a complaint, provide feedback, submit an enquiry, request a call-back (or request a product replacement), whether by way of telephone, email or pop-up chat window – your name, email address, age range (in 10 year spans), telephone number(s) and your mailing address (depending on the nature of the contact); 
  • in the case of trade credit applicants (such as corporate partners or trade partners) – your name, email address, telephone number(s), business names, ABN/ACN, company website and information required to assess your credit worthiness, including your credit or business history and any trade referees; 
  • in the case of booking in-person appointments with us – your name, telephone number, email address and postcode;
  • in the case of visiting our sites where we have CCTV technology installed – CCTV footage and recordings;
  • in the case of prospective employees or contractors – information contained in your application or résumé, recorded during any interview, or obtained through any pre-employment checks, and government-issued identifiers such as tax file numbers; and
  • in the case of our suppliers and distributors – your name, mailing or street address, email address, and telephone number(s).

Further, our servers will automatically record technical information and general analytics that your browser sends whenever you visit a website. This data may include personal information such as:

  • your computer's IP address; 
  • browsing preferences;   
  • your geolocation
  • the pages on our Website that you visit (including referring/exit pages); and  
  • the time spent on those pages, access times and dates, time zone data (if applicable) and other usage and browsing statistics.  

This data may also include non-identifying information such as: 

  • web browser type; 
  • internet services provider; or
  • device type. 

How do we collect personal information? 

We collect your personal information directly from you, including when you: 

  • access or use our Website; 
  • subscribe to or purchase our products; 
  • sign up to receive news and exclusive offers, promotions or events; 
  • enter surveys, competitions, promotions or request information or material from us; and 
  • make inquiries about us or our products or otherwise communicate with us by email, by telephone, in person, via a website or otherwise. 

Where it is reasonable and practicable to do so, we will only collect personal information about you from you directly and not from third parties.

In limited circumstances, we may collect personal information about you from publicly available sources (such as the Internet) and from third parties (such as where someone makes a purchase on your behalf).  We may also collect personal information through third parties such as our service providers or through promotional and marketing activities. 

Whilst we will always maintain robust privacy practices, we are not responsible for the privacy practices of third parties that may have links on our Website. You should review the relevant privacy policies of any such third parties to satisfy yourself as to how they protect and handle your personal information.

We also use the following technologies to automatically collect technical information and general analytics:

  • cookies, which are data files that are placed on your device and often include an anonymous unique identifier.  For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org;
  • log files, which track actions occurring on our Website; and
  • web beacons, tags, and pixels, which are electronic files used to record information about how you browse our Website. 

You may disable your web browser from accepting cookies and other tracking technologies used to collect technical information and general analytics when browsing our Website.  If you do so, you can still access our Website, but it may impact user experience. 

A note on Google Analytics

In addition to the foregoing, we have integrated Google Analytics into the Services.

Google Analytics is a web analytics service. Web analysis is the gathering, collection and analysis of data about the behavior of visitors to websites. Among other things, a web analysis service collects data on which website directed a User to the Services (so-called referrers), which subpages of the website were accessed or how often and for which period of time a subpage was viewed. We mainly use this analysis to optimize our websites and for the cost-benefit analysis of Internet advertising.

The operator of the Google Analytics component is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.

Google Analytics uses cookies. The information generated by the cookie about your use of the Services is usually transmitted to and stored in a Google server in the United States. Google might transfer the Personal Information collected via this technical procedure to third party sub processors to accomplish the purpose for which we use Google Analytics.

On behalf of Sleeping Duck, Google will use this information to evaluate your use of the Services, compile reports on the Services, and to provide us with further services related to the Services. The IP address transferred through your browser to Google Analytics will not be combined with other data held by Google.

You may prevent the collection of the data generated by the cookie and related to your use of the Services (including your IP address) by Google as well as the processing of this data by Google by downloading and installing the browser plug-in available under the following link: https://tools.google.com/dlpage/gaoptout?hl=e This browser add-on informs Google Analytics via JavaScript that no data and information about website visits may be transmitted to Google Analytics. Additionally, a cookie already set by Google Analytics can be deleted at any time via the Internet browser or other software programs.

Further information and Google‘s applicable privacy regulations can be found at https://policies.google.com/privacy and https://marketingplatform.google.com/about.

For more information on how Google uses and processes data, please visit: https://policies.google.com/technologies/partner-sites.

What about third party websites?

Certain third parties may deliver cookies to your device for a variety of reasons. For example, we sometimes use various web analytics tools that help us to understand how visitors engage with our Services. 

Any third-party links or advertising on our Services may also use cookies; you may receive these cookies by clicking on the link to the third party site or advertising. We do not control the collection or use of information by these third parties, and these third-party cookies are not subject to this Privacy Policy. 

You acknowledge and agree that payment information (including credit card information or alternative payment method account information) may be collected and processed by the selected payment gateway provider such as Braintree, PayPal, Zip or Humm.  Please review the selected payment gateway provider’s Privacy Policy for further information as to how they collect, use, disclose, store, and handle your personal information. We may also collect some payment information, including, in the case of payment by credit card, the first 4 digits (i.e. the card issuer identifier) and the last 4 digits (i.e. for card identification).

You should contact these companies directly if you have any questions about their collection and/or use of information. When linking to any other site, you should always check the relevant website's privacy policy before providing any personal information.

Can you choose not to disclose your personal information? 

You do not have to identify yourself or provide any personal information if you contact us. You can also notify us that you wish to deal with us using a pseudonym.  

However, if we cannot collect personal information about you or if you use a pseudonym, we may not be able to provide you with the information or assistance you require.  For example, we will not be able to send you information you have requested if you have not provided us with a valid email address or telephone number.

How do we use your personal information?

We use your personal information for the purposes collected, including to manage our business and provide our products and services to you.  The information may be used to:

  • gain insights about you so we can understand your preferences and interests, personalise your experience and/or enhance the products and services you are offered and received and better serve individual customer needs;
  • improve our Website based on the information and feedback we receive;
  • improve customer service and respond more effectively respond to customer service requests and support needs;
  • process transactions and provide our products and services to our customers, or to receive goods or services from third parties; 
  • enable the proper operation and functionality of our products and services; 
  • verify your identity (for example, if you request access to the personal information we hold about you); 
  • prevent, detect and investigate suspicious, fraudulent, criminal or other activity that may cause you, us or others harm, including in relation to our products and services; 
  • comply with our legal obligations such as notifying you of matters that we may be required by law to do; 
  • identify opportunities to improve our products and services and to improve our service to you; 
  • administer a contest, promotion, survey or other site features;
  • send periodic emails and for other direct marketing purposes; and 
  • communicate with you generally through means such as electronic messaging (such as SMS and email), mail, phone or any other lawful manner, including to address any issues or complaints that we or you may have regarding our products and/or services. 

We may also use or disclose your personal information for our administrative, marketing, planning, product or service development, quality control, survey and research purposes and for other purposes to which you have consented, or as otherwise permitted or required by law. 

Technical information and general analytics are used for the purpose of gauging visitor traffic, trends and delivering personalised content to you while you are using our website, and to improve our website and our products and services.

To whom do we disclose personal information? 

We may disclose your personal information to third parties in connection with the purposes described above (see the "How do we use your personal information?" section).

This may include disclosing your personal information to the following types of third parties:

  • our affiliated companies;
  • any potential third party investor in or acquirer of our business or assets, and advisors to that third party;
  • Service providers for external processing - We provide personal information to our affiliates, service providers, processors, or other trusted businesses or persons to process it for us, based on our instructions and in compliance with this privacy policy and any other appropriate confidentiality and security measures. We may share personal information with companies that provide services to us, including companies that assist us with hosting, payment processing services, providing data process services, providing analytics services, account management, technical support, marketing, measurement, and similar services.
  • our professional advisers (such as lawyers, accountants or auditors) and insurers;
  • our employees, contractors and third party service providers who assist us in performing our functions and activities e.g. payment systems operators and financial institutions, cloud service providers, data storage providers, shipping companies, telecommunications providers and IT support services providers;
  • organisations authorised by us to conduct promotional, research or marketing activities;
  • third parties to whom you have authorised us to disclose your information (e.g. referees or account nominees); and
  • any other person as required or permitted by law.

If we disclose your personal information to third parties, we will use reasonable commercial efforts to ensure that such third parties only use your personal information as reasonably required for the purpose of disclosure and in a manner consistent with applicable laws, for example (where commercially practical) by including suitable privacy and confidentiality clauses in our agreement with a third party service provider to which we disclose your personal information.

In the past 12 months, we have disclosed the following information to third parties, as identified above: 

  • Name
  • Mailing address
  • Email address
  • Browsing data 
  • Phone number 
  • Commercial activity and information
  • Employee information 
  • IP address 

We do not sell, trade or otherwise transfer to outside parties your personally identifiable information. 

Direct marketing communications 

The email address you provide for order processing may be used to send you information and updates pertaining to your order, in addition to receiving occasional company news, updates, related product or service information. 

We will only send you direct marketing communications (either through mail, SMS or email), including any news and exclusive offers, promotions, or events, where you have consented for us to do so.

If at any time you would like to unsubscribe from receiving future emails, please reply "unsubscribe" or use the opt-out facilities provided in the direct communications. 

How do we store your personal information? 

We store your personal information using electronic record-keeping methods in secure databases via Amazon Web Services and Snowflake.  Please review the database service provider’s Privacy Policy for further information located at: https://aws.amazon.com/privacy/ and https://www.snowflake.com/privacy-policy/. We may combine or link personal information we hold about you with other personal information about you from third party sources. This can include, for example, connecting a click on an ad or hyperlink within an email with an ultimate sale, as well as repeated purchases.  

Generally, we will retain your personal information for the period necessary for the purposes for which your personal information was collected (as outlined in this Privacy Policy) unless a longer retention period is required by law or if it is reasonably necessary for us to comply with our legal obligations, resolve a dispute or maintain security. 

When personal information is no longer required, we will take reasonable steps to delete the personal information from our systems or de-identify the personal information.

How do we protect your personal information?

We implement a variety of reasonable security measures to protect and maintain the safety of your personal information from misuse, loss, theft and unauthorised access, modification or disclosure. 

We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential.

However, particularly for electronic data stores and due to the fact that the Internet is inherently insecure, we cannot guarantee the security of transmission of personal information that you may disclose to us online. Accordingly, you transmit your personal information to us online at your own risk and are encouraged to exercise care in sending personal information via the internet.  Please notify us immediately if you know or reasonably suspect that your personal information has been subject to any data breach, breach of security or other unauthorised activity.

To the maximum extent permitted by applicable law, we exclude all liability (including in negligence) for the consequences of any unauthorised access to, modification of, disclosure of, misuse of or loss or corruption of any personal information. Nothing in this Privacy Policy restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law, including the Competition and Consumer Act 2010 (Cth), or any liability which cannot be excluded due to the operation of applicable laws.

Do we disclose any information to overseas recipients?

We store personal information in servers located in Australia. Your personal information will not be disclosed to recipients outside Australia without your express consent. Except where an exception applies under relevant privacy legislation, we will take commercially reasonable steps to ensure that overseas recipients to whom we disclose personal information do not breach applicable privacy laws in relation to such personal information.

How can you access and correct your personal information? 

You may request access to any personal information we hold about you at any time by contacting us at service@sleepingduck.com. We will provide access to that information in accordance with the applicable law, subject to any exemptions that may apply. We may charge an administration fee in limited circumstances, but we will let you know in advance if that is the case. 

If you believe that personal information we hold about you is incorrect, incomplete or inaccurate, then you may request us to amend it by contacting us at service@sleepingduck.com. Where we agree that the information needs to be corrected, we will update it. If we do not agree, you can request that we make a record of your correction request with the relevant information.

You can also ask us to notify any third parties that we provided incorrect information to about the correction. We’ll try and help where we can - if we can’t, then we’ll let you know.

Do Not Track Signals

Like most companies, we will not follow any browser, extension, or other application’s Do Not Track signal or any other similar anti-tracking signals. However, we offer other choices with respect to third parties. Many third parties participate in self-regulation to offer you a choice regarding receiving targeted ads. Please note that you’ll still see generic ads after opting out, but they won’t be based on your activities online. On the web, you can opt out of participating companies by visiting the following sites:

  • http://optout.networkadvertising.org
  • http://optout.aboutads.info
  • http://youronlinechoices.eu/
  • https://tools.google.com/dlpage/gaoptout
  • https://support.apple.com/en-us/HT202074

If you wish to similarly opt out of cross-app advertising on mobile devices, you can enable the Limit Ad Tracking flag on the device. Enabling Limit Ad Tracking sends a flag to third parties that you wish to opt out of targeted advertising on that device, and major mobile platforms require companies to honor this flag. Screenshots on how to find these options on various devices are available here: http://www.networkadvertising.org/mobile-choices. To learn how to opt out on other devices, please visit the platform/device’s privacy policies for more information.

In addition to the above, if you wish to opt out of receiving targeted ads or otherwise limit ad-tracking, you may email us at service@sleepingduck.com.

Changes to our Privacy Policy

We may change or update this privacy policy from time to time to ensure we are up to date with legal requirements and the way in which we operate our business. If we decide to change or update our privacy policy, an updated version will be available at any time on this page.  Any information collected by the Services will be dealt with in accordance with the version of this Privacy Policy that was in place at the time of collection.

You are responsible for reviewing this privacy policy periodically and informing yourself of any changes. We suggest that you check back regularly. If we make significant changes to our privacy policy, we will seek to inform you by notice on our website or by email.  

Contacting Us

If there are any questions, concerns or complaints about our collection, use, disclosure or management of your personal information, please contact us using the details below: 

Phone: +1 844 491 3825
Online: https://www.sleepingduck.com
Email: service@sleepingduck.com. 

We are committed to resolving any complaints reasonably and to ensuring that we are doing the right thing by our customers. We will make all reasonable inquiries and your complaint will be assessed with the aim of resolving any issue in a timely and efficient manner. 

Last Updated: 17 May 2024