Privacy & Cookies

Privacy Policy (including for residents of the European Economic Area)

Gemfish Opals Pty Ltd trading as Black Opal Direct A.B.N.18 050 293 993 (we, us, our, or Black Opal Direct) recognises and values the protection of your personal information.

We recognise that you have an interest in our collection and use of your personal information via our website, which is located at (our Website). We have implemented this Privacy Policy in order to be open and transparent about how we collect, hold, and use your personal information, and under what circumstances we may disclose or transfer your personal information. This Privacy Policy also outlines your rights under the General Data Protection Regulation (GDPR) as well as Australian Law. 

Please note that this Privacy Policy forms part of the Terms of Use document, which is displayed at the footer of each page of our Website.

As a resident of a country that the GDPR applies to our activities, you have particular rights with respect to your personal information. This Privacy Policy sets out information about:

  • information we collect and hold about you;
  • our use and disclosure of your personal information;
  • the legal basis we rely upon to process your personal information;
  • your rights over your personal information;
  • the security of personal information;
  • our disposal of personal information, when no longer needed;
  • overseas transfer of personal information;
  • the use of cookies and online tracking technologies; 
  • privacy relating to persons aged under 16 years; and
  • contacting us with any questions or concerns that you may have.

Information we Collect and Hold

Wherever possible, you can elect to remain anonymous, or use a pseudonym, in interacting with us (for example, when making an enquiry).

From time to time, we may ask you to supply personal information such as your name, address, date of birth, telephone number, e-mail address or cookies and usage data. However, under no circumstances will we request any information from you that may disclose your:

  • political, religious or philosophical opinions, beliefs, associations or affiliations;
  • health and sexuality;
  • racial or ethnic origin;
  • membership of a trade union, or a professional or trade association; or
  • criminal records.

We may also conduct surveys or market research and may seek other information from you on a periodic basis. These surveys will provide us with information that allows improvement in the types and quality of services offered to you, and the manner in which those services are offered to you.

How we Collect your Personal Information

We use various methods to collect personal information about you, including:

Direct interactions – you may provide us with your personal information by filling in forms or by corresponding with us, in various ways.

Automated technologies or interactions – we may, as you interact with our Website, automatically collect information about your equipment, browsing actions and patterns. We collect this information by using cookies and other online technologies. Please see our Cookie Policy for further details.

Use and Disclosure of your Personal Information

When we hold your personal information, it will be used for the following primary purposes:

  • to ensure the proper functioning of our Website;
  • to ensure the proper functioning of our business; and
  • to assist us with our auditing, marketing, planning, billing, product development and research requirements.

We will not use or disclose (or permit the use or disclosure of) information that could be used to identify you in any circumstances, except:

  • to ensure the proper functioning of our business and the Website;
  • to communicate promotional offers and special events to you;
  • where the law requires us, or authorises us, or a third party holding data on our behalf, to do so; or
  • where you have given express consent to us for a prescribed purpose.

We will not sell, distribute, rent, licence, disclose, share or pass your personal information on to any third parties, other than those that are contracted to us, to keep the information confidential.

Should a third party approach us, with a demand to access your personal information, we will take reasonable steps to redirect the third party to request the information directly from you, wherever it is lawful and reasonable for us to do so.

If we are compelled to disclose your personal information, to a third party, we will take reasonable steps to notify you of this in advance, provided that it is lawful and reasonable for us to do so.

Legal Basis we rely upon to Process your Personal Information

The GDPR sets out numerous grounds upon which we may lawfully collect and process your personal information, including:

  • where you have provided us with your consent to do so;
  • where we need to perform a contract with you;
  • where we are required to comply with the law;
  • for payment processing purposes; and
  • when processing of your personal information is in our legitimate interests and it’s not overridden by your rights.


We can collect and process your data if we have your consent. In many circumstances, if we rely on your consent as our legal basis for processing your personal data, you have the right to withdraw that consent, at any time.

Contractual obligations

In many circumstances, we require your personal information to comply with contractual obligations. For example, we collect your identity and contact information when we provide you with our goods or services. If you are unable to provide such information to us, we may not be able to perform the contract we have with you or your business, or enter into a contract with you or your business.

Legal compliance

We may need to collect and process your personal data, if the law requires us to. If you are unable to provide such information to us, we may not be able to perform the contract we have with you or your business, or enter into a contract with you or your business.

Legitimate interests

We will often require your personal information to pursue our legitimate interests, in a way which might reasonably be expected as part of running our business and which does not materially impact upon your rights, freedoms or interests. For example, it may be in our legitimate interests to use your personal information for marketing purposes to assist us with the growth of our business.

Please email us if you require details of the specific legal ground we are relying on to process your personal information.

Your Rights over your Personal Information

You have a number of rights with respect to the personal information that we hold about you. These rights are subject to certain exemptions and differ across the jurisdictions, in which we may operate.

Request access to the personal information that we hold about you

Subject to any applicable exceptions, we will provide you with a copy of your personal information, within the timeframes set out in relevant legislation. If you reside within the EU, then we will do this at no charge, in accordance with the GDPR.

Right to rectification

You have the right to have us rectify any inaccurate information that we hold about you.

Right to erasure

You will, in certain circumstances, have the right to request that we delete or remove your personal information. Whenever you have given us your consent to use your personal information, you have the right to change your mind, at any time, and withdraw that consent. In cases where we are processing your personal information on the basis of our legitimate interests, you can ask us to stop processing your information, for reasons connected to your individual situation. We must then do so, unless we believe that we have a legitimate reason to continue processing your personal information.

Right to data portability

You will, in certain circumstances, have the right to obtain your personal information in a structured, commonly used and machine-readable format. You also have the right to request that we transfer your personal information, to a third party, without any hindrance from us.

Right to object

You will, in certain circumstances, have the right to object to our processing of your personal information. Where personal information is being processed for direct marketing purposes, you have a right to object at any time

Right to withdraw consent

You have the right to withdraw your consent, at any time, for us to process your personal information. We may ask you to verify your identity before responding to such requests.

Rights in relation to automated decision-making and profiling

You will, in certain circumstances, have a right not to be subject to a decision that is based on automated processing, where the decision will produce a legal effect, or a similarly significant effect on you.

To protect the confidentiality of your personal information, we will require you to verify your identity before proceeding with any request. If you have authorised a third party to submit a request to us on your behalf, then we will ask them to prove they have obtained your permission to act on your behalf.

Security of Personal Information

We may store personal information, both electronically, and in hard-copy form. We are committed to keeping your personal information secure, regardless of the format in which we hold it and we take all reasonable steps to protect your information from misuse, interference, loss, and unauthorised access, modification or disclosure. However, you use our Website at your own risk and we accept no responsibility, whether we are deemed to have been negligent or not, in the event of a security that affects your privacy.

Overseas Transfer of Personal Information

We may transfer your personal information, and have it maintained on computers, outside of your state, province, country or other governmental jurisdiction, where data protection laws may differ than those from your jurisdiction. Your consent to this Privacy Policy, followed by your submission of such information, represents your agreement to that transfer.

We will take reasonable steps to ensure that your personal information is treated securely and in accordance with this Privacy Policy, and no transfer of your personal information will take place to any organisation or country, unless there are adequate controls in place, including the security of your personal information.

Disposal of Personal Information not Required

If we hold personal information about you, and we do not need that information for any purpose for which the information may be used or disclosed, we will take reasonable steps to destroy or de-identify that information, unless we are otherwise prevented from doing so by law.

Cookies Data and Online Tracking Technologies

We may use cookies, beacons, tags, scripts, and other online tracking technologies (collectively, referred to as Cookies) to collect and use personal information about you and to serve you with Internet-based advertising. For further information about the types of Cookies we use and why, as well as how you can control Cookies, please see our Cookie Policy.

Privacy Relating to Persons under the age of 16 Years

We do not knowingly collect personally identifiable information from anyone under the age of 16. If you are under 16 years of age, then your parent or guardian must provide us with consent for us to process your personal information.

Contacting Us and Complaints

If you have any questions or concerns about our Privacy Policy, or if you wish to lodge a privacy-related complaint, please email our Privacy Officer.

Amendments of this Privacy Policy

We undertake to regularly review and update this policy. We therefore reserve the right to amend this Privacy Policy at any time. Should any significant amendments occur, notification will be provided by publication on our website 14 days prior to the changes being implemented (the Notice Period), unless the circumstances of the amendments makes it unreasonable to provide such a Notice Period. Your continued use after the Notice Period has lapsed indicates your consent to be bound by the amended Privacy Policy.

This Privacy Policy was last updated 1 July 2022.

Cookies Policy

In this Cookie Policy any reference to we, us and our is a reference to Gemfish Opals Pty Ltd trading as Black Opal Direct A.B.N.18 050 293 993 (we, us, our, or Black Opal Direct).

What are cookies?

Cookies are small pieces of information that are temporarily stored on your computer (or other internet enabled devices) when you visit a website. Cookies usually contain the name of the website from which the cookie has come from and the lifetime of the cookie (i.e. how long it will remain on your device).

How are Cookies used on this website?

We use cookies to collect aggregated information about us of our website. We may also use cookies to remember your preferences, tailor content, improve your experience in dealing with our website and to observe your behaviour.

Which Cookies does this website use?

The following table sets out the cookies used by our website, as well as their purpose:

  Cookie    Service  Purpose  Privacy Choices  Google Analytics  Analytics and performance-related  Facebook  Targeting-related  

How long do cookies stay on my computer/device?

Persistent cookies – these cookies will allow our website to recognise you when you return to our website at a later date. This provides us with useful analytics, which assist us to optimise our website and your visits.

Session cookies – these cookies exist only for the life of your current visit, whilst you have your web browser open. They’re not stored on your computer and are deleted, when you exit your web browser.

How can you control the use of Cookies by this website?

Your Internet browser should have settings, which allow you to control the placement of cookies on your computer or device. You can change the settings to allow or block the storage of cookies. Alternatively, you can adjust your browser settings to provide alerts when a cookie is being sent for storage on your computer or device.  Please refer to your Internet browsers manual or help function for more information on adjusting the settings of your specific browser. Alternately, you may click on the links provided above in the Privacy Choices section of the table.

Please email us if you have any questions or comments about our Cookies Policy.

Cookies Policy last updated on 1 July 2022.

Item added to cart.
0 items - $0.00