The purpose of this privacy policy is to inform you of how we collect, use, process and disclose your Personal Data, which is subject to the privacy principles set out in the Privacy Act 1998 (Cth) and the general law intended to protect your privacy.

When you give information to us, or sign up as a customer on our website to purchase or view any of our products, services or content, you agree and consent to us and our representatives and/or agents collecting, using, disclosing and sharing among themselves your Personal Data, and disclosing your Personal Data to our service providers and relevant third parties in the manner set forth in this privacy policy.

Please read and review this privacy policy, which will inform you how we collect, use, process and disclose your Personal Data. This privacy policy should be read in conjunction with the [Chasing Sunshine™ Terms and Conditions]. This privacy policy supplements, but does not supersede nor replace any other consents you may have previously provided to us in respect of your Personal Data. We may also collect and process your Personal Data under any statutory exceptions, which are not set out in this privacy policy.

This privacy policy does not cover information collected from individuals as part of our recruitment and selection process, when we engage contractors or labour hire agencies. This privacy policy also does not apply to the practices of organisations that we do not own or control, or to people that we do not employ or oversee even if offers, coupons or links to their websites appear within our Platforms or technology.

INTRODUCTION

The following terms have the following meanings when used in this privacy policy.

Apps means our mobile app on iOS and Android and any other app we may own or operate from time to time.

Chasing Sunshine Sydney, we, us or our means Running on Sunshine Pty Ltd (ABN 37 635 758 440).

Personal Data means any data, whether true or not, which is (a) about an individual who can be reasonably identified from that data or from that data and other information to which we have or are likely to have access (including data in our records as may be updated from time to time) or (b) defined as “personal data” or “personal information” under applicable law.

Platforms means our Apps, Social Media and Website, and any other websites or applications which we may own or operate from time to time.

Social Media means our pages and accounts on third-party social media platforms such as Instagram, Facebook, Twitter, LinkedIn or Pinterest.

Website means our website and associated services accessed at the following address www.chasingsunshinesydney.com or other internet locations.

WHAT PERSONAL DATA DO WE COLLECT?

Examples of the Personal Data that we may collect about you includes your name, contact details, mailing and delivery addresses, email address, birthday, facial image, your shopping or browsing behaviours, voice recording (from customer service calls) and any other personally identifiable information that you have provided us in any form you may have submitted to us, or in the course of any other forms of interaction between you and us. Where such information pertains to an identified individual – Personal Data may also include network and device data such as IP address and device or advertising identifiers and information we obtain using cookies or other tracking technologies. We may also collect information about you from third-party sources and platforms (including data validation services, authentication service providers, social networking sites, online marketing and segmentation providers and ad targeting companies) to supplement the information we collect directly from you.

By (1) clicking “Yes” on our privacy policy pop-up or any web form referring to this privacy policy on any of our online Platforms; (2) submitting your Personal Data to us when signing up for an account on our Website or App; (3) browsing our Website or App; or (4) ordering any of our products and services, you are agreeing to the terms of this privacy policy.

If you provide us with Personal Data relating to a third-party by submitting such Personal Data to us, you represent to us that you have obtained the consent of the third-party to provide us with their Personal Data for the relevant purposes.

WHEN DO WE COLLECT YOUR PERSONAL DATA?

• You register an account on our Website or App.
• You use any of our related services, such as subscribing to newsletters or product notifications.
• You browse our products and services or otherwise interact with our Website or App.
• You accept our cookies and other tracking technologies on your device.
• You communicate with our customer service team or other representatives, including via chat, emails, messaging, telephone or video calls, letters, or face-to-face meetings.
• You communicate with us on our Social Media, such as liking or otherwise commenting on our posts, or private messaging us through our Social Media.
• You purchase a gift card from us.
• You participate in our promotions and giveaways, initiatives or any request for additional Personal Data such as customer surveys.
• We consult publicly available sources of information, or receive references or referrals from marketing and business partners and third parties; for example, where they referred you to us to enjoy the benefits of a joint promotion or collaboration or to redeem a voucher you purchased from them.
• Your representative submits your Personal Data to us for any purpose reasonably authorised by you, for example if such representative is purchasing our product or service to be delivered to you or as a gift.
• Our third-party analytics and other service providers, business or commercial partners provide your Personal Data to us, which was collected and processed by them and disclosed to us pursuant to their separate privacy policies.
• You voluntarily submit your Personal Data to us for any reason.

We do not directly collect your credit card details to process your payment or for customer service purposes. Your credit card details are collected, processed and stored directly by our third-party payment processors pursuant to their terms of use and privacy policies. None of your credit card details are permanently stored with us. However, we may collect your bank account details to process refunds.

HOW WILL YOUR PERSONAL DATA BE USED?

We may use and disclose your Personal Data for purposes necessary to provide you with our products as services, including to:

• provide, maintain, protect and improve our technology, products and services, and monitor their effectiveness;
• register and maintain your account and to verify your identity or age;
• process your order for our products or services, process or collect your payment for the order;
• deliver or perform the products or services you purchased, including couriers calling or messaging you to obtain your delivery instructions;
• facilitate you transacting via alternative payment methods;
• process your returns or refunds in accordance with our terms and conditions;
• provide you with supporting services and functions related to your account, such as saved items in cart, wish-list, brand or product and browser notifications;
• communicate with you in relation to (i) your queries, requests and feedback, (ii) material changes to our Websites, Apps, terms and conditions, or this privacy policy or (iii) matters relating to the operation of your account including via your street or postal address, email address, social media account or telephone number;
• personalise and improve your customer experience when you visit our Website and the Apps, for example by prioritising products and services appearing in your search results or feed, or in communications we send you;
• monitor and enforce compliance with our terms and conditions, including dispute resolution;
• to carry out administration, marketing, planning, fraud detection and loss prevention activities, procurement, product and service development, quality control, and research to improve the way we provide products and services to you;
• comply with (i) internal risk controls, (ii) the terms of our access to payment processing, financial or banking services such as credit card disputes, fraud, billing errors, or (iii) any applicable law, regulation or regulator’s directive; and
• ensure our Website and Apps function properly and to improve their performance, for example by carrying out activities such as debugging and statistical analyses for optimising,

(collectively, the Purposes).

In addition, we may use and disclose your Personal Data for the following purposes, to:

• send you marketing communications in relation to our sales, products, services, promotions or the Platforms;
• send you marketing communications in relation to the sales, products, services or promotions of business partners, including promotional mail together with your order;
• deliver ads that are related to our products and services that are targeted and personalised to your interests, attributes, preferences and experiences on the Platforms or other websites, apps or online platforms;
• enable businesses to deliver ads which are related to their products and services which may be of interest to you;
• provide you with any add-on or premium services;
• invite you to our private customer events;
• process your participation in our promotions and giveaways (including contacting you if you win, displaying your details online, publishing your name in relevant newspapers or disclosing details of winners to relevant authorities, if required by law), initiatives or any request for additional Personal Data such as customer surveys;
• process your participation in any loyalty or point redemption programmes with which we are affiliated;
• conduct market and customer research, analysis or tracking;
• promote our products and services on our Platforms;
• manage our administrative and business operations, including complying with internal policies and procedures;
• training our customer experience team, such as by recording and monitoring telephone calls, chat rooms and other communications between you and our customer representatives;
• any specific purpose in relation to a particular product or service, which we may separately notify you on the product or service page; and
• as part of or in anticipation of a business sale, company sale, investment, change in control, transfer of substantial corporate assets, reorganisation, liquidation, or similar business transaction or corporate event,

(collectively, the Additional Purposes).

We may also use or disclose your Personal Data for secondary purposes in accordance with applicable laws, or with your further consent.

Finally, we may we also collect information about you in an aggregated and anonymous basis; for example, in order to conduct internal analysis of traffic patterns within our Website. This information is used by us to administer and improve our education and training products and services.

WHO WILL YOUR PERSONAL DATA BE SHARED WITH?

In relation to our use of your Personal Data for the Purposes or Additional Purposes, we may disclose your Personal Data to:

• our employees, consultants, temporary workers or other representatives;
• payment processors, who process your payment on our Website and the Apps;
• logistics providers, such as courier, fulfilment or parcel-pickup services which will deliver your order to you, and parcel return partners;
• business partners who separately maintain an account with you for loyalty or point redemption programs;
• business partners or vendors in connection with the processing of any promotion, event or service organised by us;
• our professional advisers, bankers, insurers and auditors;
• agents, contractors or service providers who provide operational services to us or who help provide our services to you, such as online cloud storage and processing, fraud detection and monitoring, marketing optimisation, information technology, telecommunications, market research, customer analysis or tracking, security or other relevant services which requires that entity’s collection, use or disclosure of your Personal Data; and
• any person that you authorise us to disclose your Personal Data to.

We will endeavour to minimise the disclosure of your Personal Data to the information necessary to perform the related Purpose or Additional Purpose. However, we may also disclose your Personal Data for secondary purposes if the secondary purpose is related to the Purpose or Additional Purpose and it is reasonable for us to expect that you would wish us to use or disclose the information for the secondary purpose, otherwise in accordance with applicable laws, or with your further consent.

You acknowledge and agree that, should we sell, merge or otherwise change control of our business, our company or our Website to a third-party, we may disclose your Personal Data and other information that we have collected from you to the third-party, without giving notice or seeking prior consent from you; and

HOW CAN I ACCESS OR CORRECT MY PERSONAL DATA?

You may be able to access or correct some Personal Data by logging in to your user account on our Website or Apps.

For Personal Data that cannot be corrected by you by logging in to your user account on our Website or Apps, you may request to access and correct such Personal Data by submitting a written request to us by emailing us: hello@chasingsunshinethelabel.com We may need to request additional information from you to confirm your identity before providing the access or making corrections.

We will endeavour to respond to Personal Data access and correction requests within 30 days. If we are unable to meet this timeline, we will update you with the soonest possible time within which we expect to be able to provide the information or make the correction. Please note that certain types of Personal Data access and correction requests may be exempt under applicable laws, and we may charge you a reasonable fee for the handling and processing of your personal data access request, if permitted by applicable laws.

While we will make reasonable efforts to provide you with access to your Personal Data, there may be circumstances in which we are unable to provide such access, including where the information in question is legally privileged, its disclosure may compromise the privacy or other legitimate rights of third parties, the burden or expense of providing access would be disproportionate to the risks to your privacy, the request is clearly excessive or unfounded, or the information requested comprises proprietary business information.

MARKETING MESSAGES

If you have said we can, we’ll send you marketing messages by email or SMS, to keep you aware of what we’re up to and to help you see and find our products.

HOW CAN I UNSUBSCRIBE OR DELETE MY ACCOUNT?

If you wish to withdraw your consent for us to send you marketing communications, you can do this as follows:

• through your account settings on our Website;
• to withdraw consent for marketing emails, clicking on the ‘Unsubscribe’ or ‘Update your preferences’ link in the email;
• to withdraw consent for marketing SMS, following the steps provided in the SMS; or
• emailing us: hello@chasingsunshinesydney.com

Once we receive notification that you wish to withdraw your consent for receiving marketing communications, it may take up to 14 days for your withdrawal to be reflected in our systems. You may still receive marketing communications during this period. 

If you withdraw your consent to receive marketing communications through a specific communication mode (e.g. SMS) we may still contact you via other communication modes you have subscribed to (e.g. email).

It is not possible to unsubscribe from non-promotional (transactional) communications relating to your online orders or the operation of your account.

You may remove your account by logging in to your user account on our Website or Apps and following the instructions. We will process such a request within a reasonable time from receiving notice from you of your withdrawal of consent. Once the processing is complete, we will no longer collect, use and/or disclose your Personal Data, except to the extent we retain your Personal Data for compliance, regulatory or other legal purposes, or you open a new account with us.

If you withdraw your consent for us to use and process your Personal Data for the Purposes or the Additional Purposes or for other purposes, we may no longer be able to provide you with the related products, services or benefits associated with our promotion.

ADMINISTRATION AND MANAGEMENT OF PERSONAL DATA

You should ensure that all Personal Data you submit to us is complete, up-to-date and correct. Failure to do so may result in our inability to provide you with the products and services you have requested. You should keep us updated of any relevant changes to your Personal Data. We will not be responsible for relying on incomplete, out-of-date or incorrect Personal Data if you have not updated us of such changes.

We will make reasonable efforts to ensure Personal Data likely to be used by us or disclosed by us to another organisation is complete, up-to-date and correct.

We will also put in place reasonable security arrangements to protect your Personal Data from unauthorised access, collection, use, disclosure, copying, modification, leakage, loss, damage or unauthorised alteration. However, we will not be responsible for any unauthorised use of your Personal Data by third parties which is attributable to factors beyond our reasonable control. Further, given that no data transmission over the Internet can be guaranteed as completely secure, we cannot guarantee the security of any (personal or other) information you transmit to us; and as such we will not be liable for any breach of security or unintended loss or disclosure of information due to our Platforms being linked to the Internet.

DATA RETENTION AND DESTRUCTION

When any Personal Data in our possession is no longer required for any reason connected to any purpose for which it was originally collected or retention by us is no longer necessary for any other legal or business purposes, we will exercise measures to delete or anonymise such Personal Data. If this is not possible (for example, because your Personal Data has been stored in backup archives), then we will securely store your Personal Data and isolate it from any further processing until deletion is possible.

DISCLOSURE OVERSEAS

We may transfer your Personal Data to recipients possibly located outside the country where you live. If Personal Data is so transferred, we will comply with applicable laws in doing so. This includes: (i) obtaining your consent, unless an exception exists under applicable laws, and (ii) taking reasonable steps to ascertain whether the foreign recipient of the Personal Data is bound to comply with standards of protection that are at least comparable to the jurisdiction in which it was first collected.

THIRD PARTY COOKIES AND TRACKING TECHNOLOGIES

We may use the services of third-party vendors, who may implement one or more persistent Tracking Technologies (such as cookies, eTags, pixels, web beacons/ GIFs, local storage, or other identifiers on your device and browser settings) in order to recognise you and your device each time you visit our Website or Apps. We may use these technologies for a number of purposes to enhance your online experience, such as for preference setting, offer selection, analytics, conversion attribution and fraud reduction. We may use both session and persistent tracking technologies.

Advertisements or other services on our Website or Apps may be provided by third-parties. These advertisements may also include Tracking Technologies. The collection, use, and disclosure of information, including Personal Data, collected by such third-party Tracking Technologies are subject to the privacy and data protection policies of the third-party vendors and are not under our control.

You may be able to reject first-party and third-party Tracking Technologies through the settings on your browser or utilising an add-on software. This may result in the loss of Website or App functionality, restrict your use of our Website or App, or delay or affect the way in which our Website or App operates.

We may use third-party service providers to monitor and analyse the use of our Website and Apps. The primary service providers we use are:

SHOPIFY SERVICES

We may share your Personal Data with third parties to help us use your Personal Data, as described above. For example, we may use Shopify to power our online store – you can read more about how Shopify uses your Personal Data here: https://www.shopify.com/legal/privacy.

GOOGLE ANALYTICS AND GOOGLE OPTIMIZE

We may use certain Google Analytics functions. Refer to this link for how your data may be collected and this link for instructions on how to opt-out of any Google Analytics data tracking.

We may use Google Analytics features based on Display Advertising, including Google Optimize, Remarketing, Google Display Network Impression Reporting, DoubleClick Campaign Manager Integration, and Google Analytics Demographics and Interest Reporting. Using the Google Ads Settings, you can opt-out of Google Analytics for Display Advertising and Google Optimize and customise Google Display Network ads.

We may also use Remarketing with Google Analytics to advertise online; third-party vendors, including Google, may show our ads on sites across the Internet. We may use first-party Tracking Technologies (such as the Google Analytics cookie) and third-party Tracking Technologies (such as the DoubleClick cookie) together to inform, optimise and serve ads based on visitors’ past visits to our Website, as well as report how ad impressions, other uses of ad services, and interactions with these ad impressions and ad services are related to visits to our Website.

When you log on to our Website, with the help of Google Analytics, we may use your browsing behaviour to connect it with any other data that has previously been provided by you, in accordance with this privacy policy.

CONTACTING US

For any questions relating to your Personal Data or about this privacy policy, if you have a complaint regarding the collection, use or handling of your Personal Data by us, or a question about how we are complying with applicable laws, you may contact our customer service department or privacy team via the following methods:

Email: hello@chasingsunshinesydney.com

Post:

Parcel Collect 10224 67603
246 Oxford Street
Paddington NSW 2021

AUSTRALIA

Emails and letters should clearly state that you are making a data protection query, request or complaint in the subject line to ensure the matter is dealt with expediently.

MORE INFORMATION

You can find more information about privacy and the protection of your Personal Data on the website of the Office of the Australian Information Commissioner: www.oaic.gov.au.

GOVERNING LAW

This privacy policy and your use of this Website are governed in all respects by the laws of New South Wales, Australia.

UPDATES ON DATA PROTECTION POLICY

As part of our efforts to ensure that we properly manage, protect and process your Personal Data, we will be reviewing this privacy policy and our processes from time to time. In this regard, we may update this privacy policy to ensure that it is consistent with industry trends and any changes in legal or regulatory requirements.

Subject to your rights at law, you agree to be bound by the prevailing terms of the privacy policy on our Website, any updates to which will be posted on our Website and can be viewed at www.chasingsunshinesydney.com/privacy-policy/. By continuing to use our Platforms and/or services after this privacy policy has been amended, you agree to be bound by the terms of this privacy policy, as amended. If you do not agree with the terms of this privacy policy, as amended from time to time, in whole or part, you must terminate your use of our Platforms and/or services.

Last updated: 16 November 2020