If you have any concerns or complaints about the manner in which your personal information has been collected, used or disclosed by us, or if you believe that we have failed to comply with our obligations contained in the Privacy Act 1988 (Cth) we have put in place an effective mechanism and procedure for you to contact us so that we can attempt to resolve the issue or complaint.
We can be e-mailed at firstname.lastname@example.org and our Privacy Officer will then attempt to resolve the issue.
We recommend that you keep this information for future reference.
(a) "Related Body Corporate" or "Related Bodies Corporate" has the same meaning as under the Corporations Act 2001 (Cth);
(b) "Related Entity" or "Related Entities" has the same meaning as under the Corporations Act 2001 (Cth);
(c) "Services" means the services provided by us including, without limitation, selling and offering for sale goods including but not limited to clothing, accessories, shoes and cosmetics whether in-store or online.
(d) "Sensitive Information" has the same meaning as under the Privacy Act 1988;
(e) "Website" means hertopshop.com.au or any other website we may establish or operate from time to time including but not limited to any App that we may establish or operate;
(f) The meaning of any general language is not restricted by any accompanying example, and the words 'includes', 'including', 'such as', 'for example' or similar words are not words of limitation.
2. What is personal Information?
The Privacy Act 1988 (Cth) defines “personal information” to mean information or an opinion, whether true or not, and whether recorded in a material form or not, about an individual whose identity is reasonably identifiable, from the information or opinion.
3. Sensitive Information
3.1 We may collect sensitive information from you in order to carry out the Services provided to you, however, we do not collect sensitive information from you without your consent.
3.2 The type of sensitive information we may collect from you or record about you is dependent on the Services provided to you by us and will be limited to those purposes reasonably necessary for our functions or activities We do not use sensitive information to send you Direct Marketing Communications (as defined in paragraph 7 below) without your express consent.
3.3 We may collect certain types of sensitive information where you have consented and agree to the collection of such information.
4. Collection of your personal information
4.1 We only collect personal information that is necessary for providing our Services. The type of information we may collect from you includes (but is not limited to) the following:
(a) your contact information such as full name (first and last), e-mail address, current postal address, delivery address (if different to postal address), pick up address and phone numbers;
(b) information about your shopping or product preferences or event details related to your shopping;
(c) your feedback, enquiry and information regarding our response to any feedback or enquiries (where applicable);
(d) your date of birth and gender;
(e) your financial information (such as credit card or bank account numbers);
(f) any additional information required to provide you with our Services;
(g) your opinions, statements and endorsements collected personally or via surveys and questionnaires; and
(h) if you are requesting products or services from us or we are purchasing goods or services from you, any relevant payment or billing information (including but not limited to bank account details, direct debit, credit card details, billing address, repayment information and invoice details).
4.3 We may also purchase marketing data from third parties and add this to our database to use for our advertising and send promotional offers to you which we think that you may be interested in.
4.5 When you engage in certain activities, such as entering a contest or promotion, filling out a survey or sending us feedback, we may ask you to provide certain information. It is completely optional for you to engage in these activities.
4.6 Depending upon the reason for requiring the information, some of the information we ask you to provide may be identified as mandatory or voluntary. If you do not provide the mandatory data or any other information we require in order for us to provide our Services to you, we may be unable to effectively provide our Services to you.
4.7 If you use our website, we may utilise "cookies" which enable us to monitor traffic patterns, help us facilitate any promotions, surveys or advertising materials that we provide and to serve you more efficiently if you revisit a Her Top Shop Website. We may also use "cookies" as a tracking technology within promotional materials that we provide to you. Third parties may help us to track activity within our Website and may also use "cookies" as a tracking technology. A cookie does not identify you personally but may identify your internet service provider or computer. You can set your browser to notify you when you receive a cookie and this will provide you with an opportunity to either accept or reject it in each instance.
4.8 We may gather your IP address as part of our business activities and to assist with any operational difficulties or support issues with our Services. This information does not identify you personally.
5. How we may use and disclose your personal information
5.1 We will only use or disclose your personal information for the primary purposes for which it was collected or as consented to and/or as set out below.
5.2 You consent to us using and disclosing your personal information to facilitate a purpose in connection with:
(a) if required, the verification of your identity and the verification of your date of birth;
(b) the provision of our Services to you, including sharing information with companies acting as our agents to provide our Services;
(c) to provide any associated loyalty program;
(d) to promote Her Top Shop and its products and our Services including through direct marketing events and competitions, public relations and social media;
(e) to communicate with you in order to provide you with our Services through various mediums such as email, SMS, social media, search engines and webpages;
(f) to facilitate the administration and management of Her Top Shop;
(g) the administration and management of our Services, including charging, billing, credit card authorisation and verification, checks for financial standing, credit-worthiness (including but not limited to undertaking an assessment for credit loss and obtaining credit references from the trade references which have been nominated by you on your credit application form with us, if applicable), fraud and collecting debts;
(h) the improvement of our Services (including to contact you about those improvements and asking you to participate in surveys about our Services);
(i) the maintenance, development and analysis of our Services, business systems and infrastructure;
(j) marketing and promotional activities by us and our related bodies (including direct marketing by direct mail, telemarketing, email, SMS and MMS messages) such as our customer loyalty programs, promotional offers and newsletters;
(k) to provide customer service functions, including handling customer enquiries and complaints;
(l) to offer you updates, or other content or products or Services that may be of interest to you;
(m) our compliance with applicable laws (including bankruptcy laws) and legal obligations, in response to a law enforcement agency's request, or where we have reason to believe that disclosing your personal information is necessary to identify, contact or commence legal action against a third party who may be causing injury or interference with our rights, property, Services or business ;
(n) the sale, and matters in connection with a potential sale, of our business or company to a third party, including mergers and transfers of the business or part thereof to a third party; and
(o) any other matters reasonably necessary to continue to provide our products and services to you.
5.3 We may also use or disclose your personal information and in doing so we are not required to seek your additional consent:
(a) when it is disclosed or used for a purpose directly related to the primary purposes of collection detailed above and you would reasonably expect your personal information to be used or disclosed for such a purpose;
(b) if it is required or authorised by law.
5.4 In the event we propose to use or disclose such personal information other than for reasons in 5.1 and 2 above, we will first seek your consent prior to such disclosure or use.
6. The types of organisations to which we may disclose your personal information
(a) Third party sellers in order to fulfil orders placed by you;
(b) Our service providers or partners, which may include overseas and local agents, delivery and shipping providers, information technology providers, market and communication agencies, development, analysis, research, business and intelligence groups, advertisement providers and external business advisors;
(c) Financial institutions for processing of payments received by you;
(d) Authorised representatives or advisers or when you ask us to do so;
(e) Third parties who assist us in provide our Services;
(f) Regulatory, investigative or government bodies in order to comply with any and all relevant laws.
7. Direct Marketing
7.1 You expressly consent to us using your personal information, including any email address you give to us, to provide you with information and to tell you about our products, Services or events or any other direct marketing activity (including third party products, services, and events) (Direct Marketing Communications) which we consider may be of interest to you.
7.2 Without limitation to clause 1, if it is within your reasonable expectations that we send you Direct Marketing Communications given the transaction or communication you have had with us, then we may also use your personal information for the purpose of sending you Direct Marketing Communications which we consider may be of interest to you.
7.3 If at any time you do not wish to receive any further Direct Marketing Communications from us, you may ask us not to send you any further information about products and Services and not to disclose your information to other organisations for that purpose. You may do this at any time by using the “unsubscribe” facility included in the email or by contacting our Privacy Officer.
8. Cross Border Disclosure
8.1 Any personal information provided to us may be transferred to, and stored at, a destination outside Australia, including Canada, Chile, China, Hong Kong, countries within the European Union, India, Japan, Malaysia, New Zealand, Philippines, Russia, Singapore, South Africa, South Korea, Sri Lanka, Taiwan and the United States of America, where we may utilise overseas data and website hosting facilities or where we have entered into contractual arrangements with third party service providers to assist us with providing our Services to you. Personal information may also be processed by staff or by other third parties operating outside Australia who work for us or for any suppliers, agents, partners or related companies of Her Top Shop.
8.2 The Privacy Act 1988 requires us to take such steps as are reasonable in the circumstances to ensure that any recipients of your personal information outside of Australia do not breach the privacy principles contained within the Privacy Act 1988. By providing your consent, under the Privacy Act 1988, we are not required to take such steps as may be reasonable in the circumstances.
8.3 By submitting your personal information to us, you expressly agree and consent to the disclosure, transfer, storing or processing of your personal information outside of Australia. In providing this consent, you understand and acknowledge that countries outside Australia do not always have the same privacy protection obligations as Australia in relation to personal information and you may not be able to seek redress in the overseas jurisdiction.
8.4 If you do not agree to the transfer of your personal information outside Australia, please contact our Privacy Officer.
9. Data quality and security
9.1 We may store your information in hard copy or electronic format.
9.2 We will take reasonable steps to help ensure your personal information is safe. However, that we cannot guarantee the security of all transmissions or personal information, especially where the Internet is involved.
9.3 You acknowledge that we are not liable for the safety of your personal information where you provide or allow access to such information by parties other than us.
9.4 Notwithstanding the above, we will take reasonable steps to:-
(a) let us know if there are any errors in your personal information; and