Privacy policy

Who we are

Lurky and www.lurky.com.au are operated by Herz Pharmaceutical Technology Pty Ltd, ABN 89 625 173 113, ACN 625 173 113. In this policy, “we”, “us” and “our” refer to that company. This policy explains how we handle personal information when you browse our store, buy products, contact us or participate in our customer programmes. We handle personal information in accordance with the privacy laws that apply to us.

Information we collect

·         Contact and delivery information, including your name, email address, telephone number, billing and delivery addresses and delivery instructions.

·         Order and account information, including purchases, returns, payment status, account preferences, loyalty activity and birthday information if you choose to provide it for a programme benefit.

·         Messages and feedback, including enquiries, complaints, product reviews and information you choose to send us.

·         Technical and usage information, such as IP address, browser and device details, pages viewed, referral information and cookie or consent preferences.

Payments are processed through payment providers. We receive transaction records and limited payment details needed to administer orders. Please do not email full card details or passwords to us.

You do not need to provide medical information to browse or make an ordinary purchase. A product safety enquiry may involve health information. We collect that information only where reasonably necessary and with your consent, unless the law otherwise permits or requires its collection. Please provide only information relevant to your enquiry; we can explain what is needed before you send sensitive details.

How information is collected

We collect information directly from you when you order, create an account, complete a form or communicate with us. Our website and service providers also collect technical information through cookies and similar technologies. We may receive order, payment, delivery, review or support information from the providers involved in those services. If you give us another person’s details, for example for a gift delivery, please make sure you are entitled to do so and tell them about this policy.

You can browse without identifying yourself. If you do not provide information reasonably needed for a transaction or enquiry, we may be unable to deliver an order, verify a request or provide the relevant service.

Why we use information

We use personal information to process payments and orders, deliver products, administer accounts and rewards, respond to enquiries, handle returns, investigate safety issues and communicate about recalls. We also use relevant information to maintain and improve our store, prevent fraud, keep business records, meet legal obligations and resolve disputes. We send marketing only where we have the consent or other permission required by law. We do not use sensitive health information for targeted advertising.

Who may receive information

We share information where reasonably needed with authorised personnel and providers of ecommerce hosting, payments, delivery, customer support, reviews, loyalty services, communications and website analytics or advertising. Providers receive information relevant to their services and are expected to protect it. Advertising disclosures and tracking are subject to applicable law and consent requirements. We may also disclose information to professional advisers, insurers, regulators or other parties where required or permitted by law, or for a business transfer subject to appropriate confidentiality and privacy safeguards.

If you publish a review, its content and the display name or other details shown with it may be visible to other people. Avoid including private medical details or another person’s personal information in a public review.

Shopify and overseas handling

Our store runs on Shopify. Shopify processes information to provide the store and related services and may also process information for its own purposes as described in its Consumer Privacy Policy. This can include payment services, fraud prevention and consumer features you choose to use. Shopify’s privacy portal provides information about privacy choices and requests relating to its services.

Personal information may be stored or handled outside Australia. Likely overseas recipients include Shopify group companies and its infrastructure and payment providers. Countries identified in Shopify’s published information include Canada, Ireland, Singapore and the United States; its current subprocessor list identifies additional recipients and countries. International delivery providers and customs authorities may also handle information in the destination country. We take the steps required by applicable law for overseas handling and can provide further information about our arrangements on request.

Cookies and privacy choices

Cookies and similar technologies help operate checkout, remember preferences and protect our store. Depending on the tools used and your settings, they may also measure site use and marketing performance or personalise advertising. Where consent is legally required for optional tracking, we will obtain it before that tracking is used. You can use available privacy or cookie controls, change browser settings or contact us for help. Blocking essential cookies may affect checkout or other features. This policy does not itself give consent to optional tracking.

Marketing preferences

You can unsubscribe from marketing emails using the unsubscribe link, or contact us using the details below. If we send SMS marketing, the message will include an opt-out method. We will action marketing opt-out requests within five working days, or sooner where required, without requiring a login or a fee. Unsubscribing does not stop necessary messages about an existing order, product safety or a request you have made. Buying a product or accepting our store terms is not, by itself, blanket consent to receive marketing.

Security and retention

We take reasonable technical and organisational measures to protect personal information against misuse, interference, loss and unauthorised access, modification or disclosure. No online system can be guaranteed completely secure. If a data breach occurs, we will assess it and notify affected people and regulators where the law requires.

We retain information for as long as reasonably needed for the purposes described here, including orders, safety enquiries, accounting, legal obligations and disputes. Retention depends on the information and applicable requirements. We take reasonable steps to securely delete or de-identify information when it is no longer needed, unless it must be retained by law.

Access and correction

Contact us to request access to or correction of personal information we hold about you. You can also ask about deleting information or withdrawing consent. Deletion may be limited by records we must lawfully keep. Other rights, such as objection, restriction or portability, may apply under the law relevant to you. We may reasonably verify your identity before acting, using no more information than needed.

We aim to respond within 30 days, or within any shorter period required by law. We do not charge for making a request or correcting information. If a lawful access charge is proposed, we will explain it beforehand. If we cannot fulfil a request, we will explain the reason where permitted and how you can complain. If we disagree about a correction, you may ask us to attach a statement of the requested correction to the record.

Fraud screening and younger visitors

Our checkout and payment providers may use automated tools to assess unusual or potentially fraudulent transactions using order, contact, payment and device information. Screening may affect whether an order can proceed. Contact us if you believe an order has been declined incorrectly so we can review the issue or assist with the relevant provider.

Our store is intended for adult purchasers. We do not knowingly seek personal information from children. A parent or guardian who believes a child has provided personal information can contact us to discuss appropriate action.

Questions and complaints

Please address privacy enquiries and complaints to our Privacy Contact using the details below. Describe your concern and the outcome you seek. We will review it and aim to provide a substantive response within 30 days, advising you if more time is reasonably needed. If the issue remains unresolved, you may contact the Office of the Australian Information Commissioner where it has jurisdiction, or another relevant privacy regulator. We can provide a copy of this policy in another reasonably available format on request.

Herz Pharmaceutical Technology Pty Ltd trading as Lurky
ABN 89 625 173 113  |  ACN 625 173 113
Email: info@herzpharmaceuticals.com
Phone: +61 452 470 923
Correspondence: Level 16, 9 Castlereagh Street, Sydney NSW 2000, Australia

Updates to this policy

We may update this policy to reflect changes in our services or legal requirements. The current version and update date will appear on our website. Where a change requires fresh consent or a separate notice, we will take that additional step; publishing an update does not replace it.