“Personal Information” is information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information is true or not, and whether recorded in a material form or not.
“Credit-related Information” is information about an individual that includes identification information about that individual, certain information about an individual relating to consumer credit (including eligibility information, repayment history, default and payment information), and information about an individual relating to an application for consumer credit or commercial credit or the individual’s credit worthiness.
We may collect and hold Personal Information or Credit-related Information about you such as your name, gender, date of birth, contact details (including your address, phone numbers and emails, whether personal or for work), financial information, payment details, bank account details, tax file number, products and services information and preferences and other information you may make publically available online (including but not limited to information on social media platforms). We may also collect Personal Information that you submit to us via the Website, including when you request to join our online membership program.
3.1 Why do we collect your information?
We collect Personal Information from customers, employees, contractors and other individuals that is reasonably necessary for one or more of our functions or activities, including: in order to allow us to conduct our business functions; to meet any regulatory requirements which apply to our business; to market and sell our products and services, including using third party providers to process sales and deliver our products; to improve our products and our marketing; and to conduct employee related activities.
3.2 How you may deal with us
you acknowledge that where this is impractical (for example when you enter into a contract with us) or where the law or a court order provides otherwise, we are not required to provide these options to you.
You have the option to deal with us anonymously or by using a pseudonym. However
If you choose not to provide your Personal Information to us, we may not be able to undertake certain activities for you such as providing you with requested information, products or services.
4.1 When and how do we collect your information?
We collect Personal Information directly from you when you: visit our Website, supply or buy products or services, including when you order online or request a refund, request information about us or our products or services, provide feedback, respond to a survey, change your content or email preferences, enter into an agreement or contract with us, fill in a form or a request for services (including an application for an account with us or an application to participate in a promotion), fill in a form on our Website (including a registration form to register as a member), when you apply to or become an employee of Aquila, or otherwise contact us by telephone, facsimile, email, post or in person.
4.2 Do we collect information about you in other ways?
We may also collect Personal Information about you via third parties including from our
suppliers, merchants, direct mail, events or online marketing activities.
From time to time, we may provide you access to our online communities through the option of a third party platform sign on (including but not limited to, social sign ons). In this case we will be accessing and collecting the Personal Information which you have authorised the third party platform to pass on to us. Where we collect Personal Information from third parties, we will ensure that the collection is conducted in a fair and lawful manner and the information is reasonably necessary for our functions or activities.
In some circumstances we may receive Personal Information that we have not requested. If this occurs, we will comply with our obligations under the Privacy Act. You acknowledge that we may de-identify and/or destroy this information unless we are required to keep it by law.
5.1 Website Terms and Conditions
We will not collect any Personal Information about users of our Website except when they knowingly provide it or as otherwise described below. For example, we may collect Personal Information from users of the Website when they:
(a) order products and services online, including requesting refunds; 029313:CM:2043389_5
5.2 Click Stream Data
When you visit and browse our Website, our Website host may collect Personal Information for statistical, reporting and maintenance purposes. Subject to clause 7.2, the Personal Information collected by our Website host will not be used to identify you. The information may include:(a) the number of users visiting our Website and the number of pages viewed;
Our Website host uses this information to administer and improve the performance of our Website, including to assist with the diagnosis of and to provide support for any issues with our Website or services.
Cookies are small text files that are transferred to a user's computer hard drive by a website for the purpose of storing information about a user's identity, browser type or website visiting patterns.
5.4 Web Beacons
Web beacons are images that originate from a third party site to track visitor activities. We may use web beacons to collect aggregate data and provide this information to our Website host to administer and improve the performance of our Website.
We use Google and/or other third-party service providers to serve ads on our behalf across the Internet and sometimes on our Website. They may collect anonymous information about your visits to our Website (not including your name, address, email address or telephone number), and your interaction with our products and services. They may also use information about your visits to the Website and other websites to target advertisements for goods and services in order to provide more relevant advertisements about goods and services of interest to you.
5.6 Links to external websites
6.1 How we use the Personal Information we collect about you?
We use the Personal Information we collect about you for our business functions and activities, which may include the following:(a) to provide you with information, products or services you have requested, including where we engage third parties to process orders or provide you with goods or services on our behalf;
We may use your Personal Information for a secondary purpose if that secondary purpose is related to the purposes listed in this clause 6.1, if we have your consent or if otherwise provided for under the Privacy Act.
6.2 Direct marketing
We may use your Personal Information to provide you with direct marketing materials if you would reasonably expect us to or if you consent to receive direct marketing materials. We will seek your consent to provide you with direct marketing materials if we have obtained your Personal Information from a third party. Direct marketing material may include promotional material about us or the products or services we offer.
You may opt out of receiving direct marketing material by contacting us in any of the ways specified in the direct marketing materials or as set out in clause 14.
7.1 Who do we disclose your Personal Information to?
Depending on the nature of your relationship with us, we may disclose your Personal Information to our shareholders, officers and employees, other businesses within our group of companies, service providers who assist us in our business operations and recruitment activities (including third party service providers based overseas), government agencies, parties involved in the purchase or sale of any of our businesses, other third parties, (including parties that we engage to process orders for our products, provide you with goods or services on our behalf or who are connected with or involved in our relationship with you), or otherwise as required by law.
7.2 Service providers
We may also share non-personal, de-identified and aggregated information for research or promotional purposes in connection with providing requested information or services to you, or for the purpose of improving our services. We will not sell your Personal Information to third parties for marketing purposes.
Your Personal Information may be disclosed outside of Australia to an entity in a foreign country, including entities in which we have an ownership interest or to third party service providers (Overseas Entities). The countries in which these Overseas Entities are located/likely to be located include the United States and EU.
It is possible that the Overseas Entities may be subject to foreign laws that do not provide the same level of protection of information as in Australia. We take reasonable steps to ensure that these overseas entities do not breach the APPs and that they are obliged to protect the privacy and security of your Personal Information and use it only for the purpose for which it is disclosed.
We will take reasonable steps to protect your Personal Information from misuse,interference and loss andfromunauthorised access, modification or disclosure.
We aim to keep your Personal Information secure and up to date. We will comply with our obligations under the Privacy Act in relation to any Personal Information that we handle, including information which is held on our computer systems.
We will take reasonable steps to ensure that the Personal Information that we hold is accurate, up-to-date and complete. You can update your Personal Information at any time by contacting us in any of the ways specified in clause 14. We welcome any changes to your Personal Information so as to keep our records up to date.
We will keep your Personal Information only for as long as required for our business
purposes and otherwise as required by Australian law.
Where we no longer need to keep your Personal Information in accordance with this clause 12, we will take reasonable steps to destroy or de-identify your Personal Information.
If you wish to have your Personal Information destroyed or de-identified, please let us know and we will take reasonable steps to do so (unless we need to keep it for legal, auditing or internal risk management reasons, or as otherwise required by law).
You are entitled to access Personal Information that we hold about you. If you request access to your Personal Information, we will grant your request unless providing you with access would unreasonably impact upon the privacy of others or is not otherwise permitted under the Australian Privacy Principles or at law. If we refuse your request to access your Personal Information, we will provide you with written reasons for the refusal.
A request for access can be made by contacting us in any of the ways specified in clause 14.
Telephone: +61 3 8412 9800
Att: Customer Care Aquila Pty Ltd
204 - 206 Gipps Street, Abbotsford, VIC, 3067
You can find out more information about the Privacy Act and the Australian Privacy Principles from the Office of the Australian Information Commissioner. The Information Commissioner may be contacted at www.oaic.gov.au or by email at firstname.lastname@example.org.
This Privacy Collection Statement relates to personal information collected by Aquila Pty Ltd and its related entities (Aquila).
Collecting your information
Where it is practical to do so we will collect personal information directly from you, however this may not always be the case. Where information is collected from a third party, it is the third party’s responsibility to notify you about the disclosure of your personal information to us.
The purpose of collection
We collect personal information which is necessary for the purposes of carrying out our functions and activities as a manufacturer and retailer of men’s footwear, menswear and accessories. These activities may include the following:
establishing your membership as an Aquila member;
processing your refunds, returns or exchanges;
creating and managing your customer account, including orders and payments;
processing and delivering products to you;
promoting and marketing our products to you (direct marketing materials);
sending updates and ongoing information regarding our products and activities to you;
managing and resolving queries and complaints;
conducting research to improve products or services;
managing our website to personalise and customise your experiences online;
providing you with third party information and offers in which we believe you may be
any other use required or permitted by law; or
any other purpose communicated to you at the time that the personal information
was collected or for which you provided your consent.
We may use your personal information for a secondary purpose if that secondary purpose is related to the purposes listed in this section, if we have your consent or if otherwise provided for under the Privacy Act 1988.
You may opt out of receiving direct marketing materials by contacting us in any of the ways specified in the direct marketing materials or as set out below under Contact Us.
What happens if we cannot collect your personal information?
If we are unable to collect personal information from you, we may not be able to undertake certain activities for you such as providing you with requested information, products, services, refunds, returns or exchange.
Disclosure of your personal information
We engage a number of third party service providers to assist us in providing products and services. We may disclose personal information to these service providers, which may include a website administrator, mail houses, research companies, information technology providers, legal advisors and auditors. When disclosing personal information to third party service providers we will seek to ensure that they comply with the Privacy Act 1988. We may also disclose personal information to Government bodies, or other entities as required by law.
Some services provided by our third party service providers may require disclosure of personal information outside of Australia, including United States and EU.
We take reasonable steps to ensure that the overseas recipients of personal information are subject to appropriate contractual obligations to safeguard and protect your personal information and comply with applicable privacy obligations.