Privacy Collection Notice
The information you provide will be collected by or on behalf of us or Our Brands and may be disclosed to third parties that help us deliver, promote and market Our Brands, our goods and services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all our products or services to you. We may disclose your personal information to recipients that are located outside of Australia.
The branded retail stores and this website (the “Website”) are owned and operated by Brand Collective Pty Ltd (ACN 098 742 628) (“Brand Collective”) (collectively called "Brand Collective", "we, "us" or "our" in this policy). Clarks and Clarks Originals are divisions of Brand Collective are divisions of Brand Collective. Our brands and brand partners also include Black Pepper, Breakaway, Designworks, Elka Collective, Elwood, Everlast, Fiorelli, Grosby, Iconix, Lonsdale, Marco Polo, Mooks, Mossimo, Replay, Review, Shoes & Sox, Shoe Warehouse, Slazenger, Superdry, Umbro, Volley, Yarra Trail and Zoo York (“Our Brands”).
OUR COMMITMENT TO PRIVACY Your privacy is very important to us and we will always act to protect your personal information in accordance with our obligations under the Australian Privacy Act 1998 (Cth) and, if applicable, the New Zealand Privacy Act 2020 (“Applicable Privacy Law”). We take this responsibility seriously and are very careful about how and when your personal information is collected, used and shared. This statement outlines what our commitment is, why we need to collect personal information, who we may share that personal information with and how you may request access to and correction of the personal information that we hold. This statement relates to personal information we collect while you shop at our stores and through the Website.
WHAT WE COLLECT The type of personal information we collect is dependent on the type of interaction. Personal information we collect may include your:
- mobile / home telephone number and other contact details (email etc);
- date of birth;
- merchandise information (purchases, orders etc) including information about your shopping preferences and selections;
- method of payment; and
- Any other information you may provide to us from time to time.
Sometimes we will also collect other personal information, such as where you shop or what your interests are, so that we can improve our service and product offering to you.
You may decide not to provide your personal information to us, however, if you do not provide it, we may not be able to provide you with access to certain information, products, or services.
We do not store your credit card details in any way. Credit card details are secured by 128-bit SSL encryption and transmitted directly by you to our payment processing provider.
SENSITIVE INFORMATION We will not collect sensitive information about you unless we have your consent and the information is reasonably necessary for one of our functions or activities (unless we are otherwise required or authorised by law to collect that information).
Sensitive information included information about your health, race and ethnic origin. For example, if you are involved in an incident in one of our stores, we may also collect sensitive information from you.
HOW WE COLLECT IT The personal information we collect can occur through various interactions you have with but is generally supplied directly by you to a store staff member and through our Website (which may involve location tracking). For example, the details you provide us when you place an order, open an account, subscribe to our loyalty programs, newsletter, join a mailing list, enter a competition, submit an enquiry, or provide feedback to us. Additionally, collection of your personal information can occur through the following:
- when you communicate with us directly (including in person, via telephone and social media channels such as Facebook and Instagram)
- when you interact with us during promotions or special events;
- if you are involved in an incident in one of our stores;
- when you post a review or leave a rating on this site or complete our surveys;
- if you attend one of our functions or events; or
- any other time where you may supply personal information to us.
There are also certain situations in which we may collect personal information about you from someone else. For example, we may collect information from third parties including:
- public sources and platforms, such as social networking sites, information service providers and third party analytics providers to whom you have provided your personal information; or
- our related companies, your organisation, your representatives and information, IT and delivery service providers, fulfilment managers, mailing houses, insurers and brokers and marketing agencies.
We also receive and store certain types of information through the use of `Cookies`, when you interact with us via the Internet.
Cookies are alphanumeric identifiers that are placed on your computer`s hard drive through your web browser. Most Internet browsers are pre-set to accept cookies. Cookies help keep track of items you put in your shopping cart, including when you have abandoned your cart, and this information is used to determine when to send cart reminder messages via email or text message.
If you prefer not to receive cookies, you can adjust your Internet browser to disable or to warn you when cookies are used. We recommend that you leave your cookies enabled as they allow our systems to recognise your browser and provide quicker and easier use of our Website.
WHY WE COLLECT IT We collect personal information for a number of reasons, including to:
- deliver, administer and improve the products and services that we offer you including our loyalty program and to carry out administration, marketing, planning, procurement, product and service development;
- complete other transactions with you or on your behalf, including to create orders, transaction records, tax invoices or receipts;
- protect against fraud or theft;
- provide events, offers and promotions that we consider may be of interest or benefit to you (including via text message, email and any other communication medium used or developed in the future) based on your purchase history, shopping preferences and personal information you have provided us;
- to carry out quality control and research (including via customer satisfaction surveys), analysis and tracking;
- to provide value-added services and marketing and remarketing across Our Brands, related companies and our promotional partners through our websites, social media channels or other marketing mediums;
- to answer your questions and provide you with information or advice and respond to any complaints made by you;
- provide your personal information to third parties that assist us in providing products and services, including delivery service providers and fulfilment managers; or
- to comply with laws or regulations or to comply with any directions given by regulators or authorities.
WHO WE SHARE IT WITH AND DISCLOSE YOUR INFORMATION TO We may share your information with Brand Collective brand partners including Brand Collective Pty Ltd (ACN 098 742 628), Shoes & Sox Pty Ltd (ACN 003 269 752), Designworks International Pty Ltd (ACN 644 545 193), The PAS Group Pty Ltd (ACN 169 477 463) and its subsidiaries (including Review Australia Pty Ltd (ACN 122 295 836) and Yarra Trail International Pty Ltd (ACN 644 546 449)) for the purpose of communicating with you to promote Our Brands. In addition, you authorise us to disclose information about you with:
- any consultant providing services to us for any of Our Brands (Consultant) for the purposes of:
- providing marketing information to you about products and services offered by Our Brands
- monitoring the quality and standard of service provided to you or other consumers of Our Brands or by the Consultant.
Examples of third parties who perform part of our service delivery or provide other support services to us (e.g. if you call us and transact over the phone and we ship from a store to you) and who we may need to disclose your personal details (e.g. name and address) to, include:
- Timetrade booking/queuing system providers
- organisations that assist us with postage and delivery and returns (e.g. Australia Post), delivery companies, mail houses, third party fulfilment contractors, data processing and analysis, research, mail, promotional, customer contact, technology, banking, payment, debt collection and maintenance services.
Such third parties would only get limited access to your personal information to complete their tasks.
We may otherwise use or disclose your personal information with your consent (or if we have given you notification of the intended use or disclosure and you have not objected to that use or disclosure) or where required or authorised by law, which may include emergency situations and assisting law enforcement agencies. Third parties to whom we disclose personal information may be located overseas including New Zealand, United States of America, United Kingdom, Hong Kong, Philippines. Unless an exception applies in the Privacy Act 1998 (Cth), prior to disclosing personal information to overseas recipients, we will take reasonable steps in the circumstances to ensure that the overseas recipient adheres to the Australian Privacy Principles.
To the extent we disclose personal information to third parties outside of Australia or New Zealand, we will take reasonable steps to ensure such third party is subject to comparable privacy laws or is otherwise required to protect the information in a way that, overall, provides comparable safeguards to those under Applicable Privacy Law.
TEXT MESSAGING SERVICE
The mobile message service (the "Service") is operated by Brand Collective Pty Ltd ( “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to the SMS/text messaging service, you agree to receive recurring SMS/text messages from and on our behalf through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialling system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt out of the Service at any time. Click the unsubscribe link in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device unless initiated by you. If you have subscribed to our other brands’ mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt-out separately from those programs by following the instructions provided in their respective mobile.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
PROMOTIONAL COMMUNICATIONS From time to time, we may use your personal information to provide you with information about our good and services or of our related companies or promotional partners in a variety of ways including email and text messaging.
If you prefer not to receive promotional information from us, please let us know by clicking on the “unsubscribe link” or ”update your preferences” (or similar) at the bottom of our communications, following the opt-out instructions, or, where applicable. by clicking into your account to manage the level of communication which you want to receive from us across Our Brands.
ACCESS AND CORRECTION Subject to the exceptions set out in Applicable Privacy Law, you may seek access to, or request that we correct, the personal information that we hold about you by making a request in writing to us using the contact details below. We may require additional information about you, including to verify your identity, before disclosing any information to you.
For accessing personal information, we request that you provide us with as much detail as you can about the particular information you seek, in order to help us retrieve it. An access fee may be charged to cover our costs of providing that information to you. In certain circumstances, we may not be required by law to provide you with access or to correct your personal information. If that is the case, we will give you our reasons for that decision. Where we decide not to update your personal information, you can request us to attach to the personal information a statement of the update sought.
When visiting our website, third parties may place cookies on your browser for targeted advertising purposes. To opt out of targeted advertising, some available third-party opt-out tools include: the Digital Advertising Alliance, the Network Advertising Initiative, and the European Interactive Digital Advertising Alliance (Europe only). On ads served to you, click the logo of the provider (eg: AdChoices) positioned with the ad to learn more about interest-based advertising, who served the ad, and manage your ad options. You can also opt out of seeing personalised ads using the NAI opt out tool here.
- Digital Advertising Alliance
- Network Advertising Initiative
- European Interactive Digital Advertising Alliance (Europe only)
- NAI Opt Out
HOW WE SECURE YOUR PERSONAL INFORMATION We take reasonable steps to protect the personal information we hold from misuse, interference and loss and from unauthorised access, modification or disclosure. This protection applies in relation to information stored in both electronic and hard copy form. We hold personal information both at our own premises and with the assistance of our service providers.
USE OF THIS WEBSITE OUTSIDE AUSTRALIA We welcome visitors from outside Australia. However, this is an Australian based website and this privacy statement governs the personal information collected at this Website irrespective of where you may be located when you visit the Website and interact with it. This means your personal information may be stored outside the country in which you are located and any government authorities which have jurisdiction over the Website may be entitled to access any personal information provided.
CHILDREN We will not knowingly collect information from any unsupervised person under the age of 18. If you are under 18 years of age you must not submit any personal information to us unless you have the consent of, and are being supervised by, a parent or legal guardian.
FURTHER INFORMATION If you have any questions or feedback about privacy, please contact our Privacy Officer at:
- (+61 3) 9681 9681
- Level 2, Building 8, 658 Church Street, Richmond VIC 3121
For information about privacy generally, or if your concerns are not resolved to your satisfaction, you may contact: