PRIVACY POLICY
1 Introduction
Sunshades Eyewear Pty Limited ABN 70 102 239 430 (referred to as “Sunshades”, “we”, “our” and “us”) is committed to protecting your privacy and personal information.
References to Sunshades in this Privacy Policy includes Sunshades and its related entities (as defined pursuant to the Corporations Act 2001 (Cth)).
The purpose of this Privacy Policy is to explain how and why we collect, hold, use and disclose your personal information to assist us in carrying on our business. By providing us with your personal information, you consent to us holding, using and disclosing it as set out in this Privacy Policy. We will comply with obligations under the Privacy Act 1988 (Cth) and the Privacy Act 1993 (NZ) "Privacy Act" (including the Australian Privacy Principles "APPs", the Australian Privacy (Credit Reporting) Code 2014 "CR Code" and the New Zealand Information Privacy Principals), and any other relevant legislation.
We may update this Privacy Policy from time to time and changes will take effect when published on our website. You should periodically view our website to stay up to date with the current terms of this Privacy Policy.
This version of the Privacy Policy was last updated on 22 July 2022.
2 Collection and use of personal information
2.1 What is “Personal Information”
The Australian Privacy Act currently defines “personal information” as meaning information or an opinion about an identified individual or an individual who is reasonably identifiable:
(a) whether the information or opinion is true or not; and
(b)whether the information or opinion is recorded in a material form or not.
If the information does not disclose your identity or enable your identity to be ascertained, it will in most cases not be classified as “personal information” and will not be subject to this privacy policy.
2.2 Information We Collect
We collect information that personally identifies you, which may include your full name, age, job title, company name, employer, address, phone and fax numbers, email address, mobile number, payment details or information, interest areas, geographical location, information about your web browser, IP address, time zone, and other device information or preferences. We may collect additional personal information from time to time.
We may also collect credit-related personal information to assess your credit worthiness including credit liability information, repayment history information, court proceedings, insolvency actions and credit worthiness.
We do not generally collect sensitive information about you, unless it is voluntarily provided to us in the course of us carrying on our business.
You don’t have to give us the information requested. However, if you do not provide us with some or all of the personal information requested, we may not be able to provide you with the product or service you have requested or satisfy your request, to the requested standard or at all, and you may also miss out on receiving valuable information about Sunshades or our products and services.
2.3 Consent to Collection and Use
By using the Sunshades website, providing personal details to us via any medium (including engaging with us through any social media channel), applying for a job with us, or entering into a supply arrangement or other agreement with us, you are consenting to the collection and use of your personal information in accordance with this Privacy Policy.
You consent to us collecting sensitive information which you provide to us voluntarily.
2.4 Why We May Collect, Hold, Use and Disclose Personal Information
Sunshades may collect, hold use and disclose personal information about you to provide and improve the quality of the Sunshades products and services. Our collection, holding, use and disclosure of your personal information will depend on our relationship with you, the circumstances of collection and the type of services you request from us, but may include the following:
(a) to provide a product or service that you have requested, for example, if you have:
(i) requested information from the Sunshades website;
(ii) purchased products from Sunshades;
(iii) made a warranty claim in respect of any product;
(iv) entered into any competition or VIP/loyalty program.
(b) because you work for us, or apply to us for a job or work experience;
(c) because you are a supplier to us or we are a supplier to you;
(d) because you are an agent or distributor of Sunshades;
(e) to manage invoicing and payment systems and services;
(f) to inform and conduct marketing activities including to promote any other service that we provide, unless you tell us not to;
(g) to manage and improve our services and relationships including for data analysis to predict moving trends and identify products and services of value; and
(h) to maintain our records and comply with our legal obligations.
2.5 How We Collect Personal Information
The main ways we collect personal information from you are:
(a) if you access our website or engage with us via social networking services, including by the use of cookies, which may track what you view on our website and also other websites that you visit;
(b) if you subscribe to any of our mailing lists or use any of our online applications;
(c) if you submit any employment application to us;
(d) if you are a supplier or service provider to Sunshades or if Sunshades is a supplier or service provider to you, in connection with the supply of products and services, including any application for a credit account with Sunshades;
(e) if you request us to provide you with information regarding Sunshades products or services. This may include online, email and telephone enquiries; and
(f) via third parties we may engage to assist us in improved provision of products and services, marketing and advertising. These third parties may use cookies and other technologies to obtain information about your preferences when you access online platforms or websites other than our website. Your preferences collected in this manner may be disclosed to us. These third parties may include:
(i)credit reporting bodies, law enforcement agencies and government agencies to verify identity and/or assess credit worthiness;
(ii) service providers that may provide market leads or marketing services to us and online platforms such as Google and Facebook; and/or
(iii) your employer or other individuals to confirm your identity or other details about you in any employment application or other related request that you may submit to us.
We may also obtain your personal information from our affiliates or advertising partners, participants and other third parties, marketing websites, any other websites that we consider helps us to deliver or advertise our services, understand online activity and collect information that we consider important to managing the quality or content of the services that we deliver.
2.6 Use of Personal Information
Sunshades may use your personal information:
(a) to promote and advertise our products and the brands we represent;
(b) to provide advice regarding our products and services to you (or arrange for others to do so at our request);
(c) to deliver our products and services to you;
(d) to consider feedback and complaints that you may make to us including dealing with refunds or warranty claims;
(e) to assess any application you make for credit terms;
(f) in the case of our suppliers or service providers or if Sunshades is a supplier or service provider to you, to manage the provision of products or services;
(g) to assist us, our service providers or suppliers to investigate or prevent any potential, suspected or actual breaches of law or fraudulent activities;
(h) to recruit our employees or engage contractors;
(i) to maintain our records and comply with our legal obligations;
(j) for any other purpose disclosed to you at the time the relevant personal information is collected; and
(k) for purposes directly related to any of the above.
3 Disclosure of Personal Information
3.1 Disclosure to Third Parties
Sunshades may disclose your personal information to third parties for the following purposes:
(a) to contractors and third parties we engage to assist with the provision of the Sunshades products or services;
(b) marketing, advertising and promotions services providers and event organisers in connection with our marketing, advertising or events;
(c) to provide the service you have requested (including to facilitate repairs or warranty claims) such as manufacturers, suppliers and couriers;
(d) provision of other administrative or operational services to Sunshades, such as market research companies, IT service providers, mailing houses and payment gateways or processors and collectors;
(e) credit reporting agencies or other credit providers, to assist in assessing any application for a credit account that you make;
(f) law enforcement or government agencies or other third parties, if permitted or required by law; and/or
(g) otherwise with your consent.
In many cases, Sunshades imposes contractual restrictions equivalent to those imposed on Sunshades under the Privacy Act in respect of collection and use of personal information by those third parties. In some cases, Sunshades’ ability to impose contractual restrictions is limited. In those circumstances, Sunshades will carefully consider the risks to the protection of personal information when entering into arrangements with third parties.
Under no circumstances will Sunshades sell or receive payment for licensing or disclosing your personal information.
In the event of a data breach likely to cause serious harm involving personal information of Australian users, we will notify you in accordance with our Notifiable Data Breaches scheme obligations under Part IIIC of the Privacy Act.
3.1 Cross-border Disclosure of Personal Information (Australian Users)
Some of Sunshades’ third party contractors, suppliers and distributors may be located overseas or perform services overseas and as a result your personal information may be disclosed to a third party in a foreign country. We may also provide your personal information to related entities or affiliates of Sunshades that are located overseas.
We may also use a server hosted overseas to store data including your personal information.
Under the Privacy Act, we must take reasonable steps, before personal information is disclosed to an overseas recipient, to ensure that the overseas recipient does not breach Australian privacy laws in relation to that information (“the Obligation”).
The Obligation does not apply if you consent to disclosure of your personal information to an overseas recipient.
By supplying personal information to us you consent to the disclosure of your personal information to an overseas recipient and agree that the Obligation does not apply.
4 Additional Disclosure and Rights Under EU Law
This section applies if you are based in the European Economic Area ("EEA") during your interactions with us and sets out the additional information that we are required to provide to you under European data protection laws.
4.1 Grounds for Use
In the table below, we have set out the relevant grounds that apply to each purpose of data use that is mentioned in this Privacy Policy.
4.2 Cross-border Disclosure of Personal Information Outside the EEA
When we transfer Personal Information from inside the EEA to outside the EEA, we may be required by law to take specific measures to safeguard the relevant Personal Information. Certain countries outside the EEA have been approved by the European Commission as providing essentially equivalent protections to EEA data protection laws and therefore no additional safeguards are required to export Personal Information from the EEA to these jurisdictions. In countries which have not had these approvals, we will use appropriate safeguards to protect any Personal Information being transferred.
4.3 Additional Rights
In addition to the rights outlined elsewhere in this Privacy Policy, under certain conditions you may have the right under EU data protection law to ask us to:
(a) provide you with further details on how we use and process your Personal Information;
(b) delete Personal Information we no longer have grounds to process; and
(c) restrict how we process your Personal Information while we consider an inquiry you have raised.
In addition, under certain conditions, you have the right to:
(a) where processing is based on consent, withdraw the consent;
(b) lodge a complaint with a supervisory authority;
(c) object to any processing of Personal Information that we process on the “legitimate interests” or “public interests” grounds, unless our reasons for the underlying processing outweighs your interests, rights and freedoms; and
(d) object to direct marketing (including any profiling for such purposes) at any time.
You can exercise these rights by contacting us (details at clause 6 below). These rights are subject to certain exemptions to safeguard the public interest and our interests.
5. Additional Disclosure under California Consumer Privacy Act
5.1 Additional Disclosure
This section applies solely to Californian consumers' Personal Information processing and is intended to address the relevant notice requirements of the California Consumer Privacy Act of 2018.
(a) Your information, sources and purposes: please refer to the sections above explaining what Personal Information we collect (section 2.2.), how we collect it (section 2.5) and how we use the Personal Information (section 2.4) including grounds for each category of use (section 4.1).
(b) Sharing your information: we may share your information with certain categories of third parties, please refer to disclosure of Personal Information to third parties (section 3.1) above. We reiterate that under no circumstances will Sunshades sell or receive payment for licensing or disclosing your Personal Information. We may allow certain third parties to collect your personal information via automated technologies on our Websites to serve you content and advertisements that may be of interest to you. You have the right to opt out of these directly with the relevant third parties opt-out channels.
(c) Additional rights: subject to exceptions under applicable law, you may have certain choices regarding our use and disclosure of your Personal Information as described below:
(i) Access: you have the right to request (twice in a 12 month period) that we disclose to you the Personal Information we have collected about you during the past 12 months and details regarding our collection, use and disclosure of such information.
(ii) Deletion: you have the right to request that we delete Personal Information collected from you.
(iii) Opt-out: you have the right to opt out of the activation of cookies and of collection of Personal Information via third parties.
You can exercise these rights by contacting us (details at clause 6 below). If you choose to exercise any of these rights, you will not receive discriminatory treatment by us.
6. Accessing Your Personal Information
You have the right to request access to personal information that is held by Sunshades about you.
You also have the right to request the correction of any of your personal information that Sunshades holds. Sunshades will take reasonable steps to make appropriate corrections to personal information so that it is accurate, complete and up-to-date.
To seek access to, or correction of, your personal information please contact Sunshades as follows:
By email:
privacy@sunshadeseyewear.com.au.
By mail:
PO Box 7217
ALEXANDRIA NSW 2015, Australia
Attention: Privacy Officer.
Sunshades also welcomes any comments on its Privacy Policy to assist with the evaluation of its effectiveness. Comments will be handled confidentially.
7. Use of Your Personal Information to Contact You
We will never knowingly send you unsolicited commercial electronic messages. More information on the Spam Act 2003 (Cth) is available from the regulator’s website: www.acma.gov.au/spam
We may use information that we know about your likes and interests to tell you about Sunshades products and services. We may know about your likes and interests because you have provided that information.
8. Opting Out
If you decide that you do not want to be contacted by Sunshades please contact the Privacy Officer (details at clause 6 above). You may also opt out of receiving communications by following the unsubscribe function on any Sunshades communications.
We will use reasonable endeavours to remove your name from the mailing lists within a reasonable period of receiving your request.
9. Storage and Protection of Personal Information
Sunshades has implemented appropriate physical, electronic and managerial security procedures in order to protect personal information from loss, misuse, alteration or destruction. Sunshades regularly reviews security and encryption technologies and will strive to protect information to the fullest extent possible.
Due to the nature of the internet, Sunshades cannot give any warranties as to the security of any personal information transmitted by you to Sunshades over the internet, or that personal information will not be accessed by unauthorised persons.
We encourage you to be vigilant about the protection of your own personal information when using any digital services.
10. Privacy and Change of Control
In the event Sunshades goes through a business transition, such as a merger, being acquired by another company, or selling a portion of its assets, users’ personal information will, in most instances, be part of the assets transferred.
11. Linked Sites
Our website may contain links to other sites. We are not responsible for the privacy practices or the content of such web sites. We encourage you to read the privacy statements of any linked sites as their privacy policy may differ from ours.
12. Personal Information About Other People
If you give us Personal Information about any other person in relation to or in connection with the provision of our products or services:
(a) we are entitled to assume that you have sought their consent to the disclosure of such Personal Information to us; and
(b) we will collect, hold, use and disclose their Personal Information in accordance with this Privacy Policy.
13. National Privacy Commissioner
If you are not satisfied with the way in which we handle your enquiry or complaint, you can contact the Office of the relevant Privacy Commissioner on:
Australia: Tel 1300 363 992 or email: privacy@privacy.gov.au;
New Zealand: Tel 0800 803 909 or email: enquiries@privacy.org.nz