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This Privacy Policy is issued by THE BEACHWAVER CO AUSTRALIA PTY LTD, ACN 611 641 288 of Floor 1, Nexus, Unit 104, 4 Columbia Court Baulkham Hills, NSW, 2153, (“we”, “our” or “us”).  It is important for you to understand what Personal Information we collect about you, how we store that Personal Information, and what we do with that Personal Information.

We respect the privacy rights of all individuals and we are committed to ensuring that our directors, managers and employees comply at all times with the requirements of:

  • The Privacy Act 1988 (Cth) (the “Act”); and
  • The Australian Privacy Principles (the “APPs”) included in Schedule 2 of the Act, together “the Privacy Laws,” to the extent the Privacy Laws are applicable.

We will collect, disclose, handle and use personal information as described in this Privacy Policy, as authorized by you and/or as required or authorized by the Privacy Laws. By providing your personal information to us or using our websites and applications, you agree to this Privacy Policy.

Please read the following carefully to understand our views and practices regarding your personal information and how we will treat it. For the purposes of this Privacy Policy, ‘Personal Information’ has the meaning given to it in Act. In general terms, it is any information that can be used to personally identify you. This may include, but is not limited to, your name and contact details including phone numbers and email addresses. If the information we collect personally identifies you, or you are reasonably identifiable from it, the information will be considered Personal Information. 

Personal Information we collect
Through our website and your dealings with us, we may ask you to provide the following types of Personal Information:

  • Name
  • Email address
  • Age group
  • Birth date
  • Other contact information
  • Billing address
  • Payment information
  • Delivery address
  • Domain names, IP addresses (the number assigned to computers on the internet), browser type, and access times.

In order to purchase any products from our website, you will have to provide your email and mailing address, name, credit card, or other payment information. You also have the option to set up an account. The account requires a password and it is your responsibility to maintain the secrecy of the password to your account. For any issues relating to your account, please contact us through customerservice@beachwaver.com. Should you want your account removed, include “Remove Account” in the subject line.

How we use your Personal Information
The Act sets out a number of different reasons for which we may collect and process your Personal Information in certain circumstances, including:

  • With your consent
  • To perform our contractual obligations to you
  • If the law requires us to act, or
  • To pursue legitimate interests that are associated with our business and which does not materially impact your rights, freedom or interests.

We may use your Personal Information to:

  • Administer your account and verify your identity
  • Process your payments and fulfill your orders
  • Provide you with Customer Support
  • Tailor the features and performance of our website to you
  • Market our products to you
  • Respond to your requests and/or troubleshoot problems
  • Improve the quality of our website and products, and
  • Communicate with you about your purchases, including to solicit your review of the products purchased.

You may choose to subscribe to receive emails from the website regarding promotions, news, product releases, or other events. The Personal Information you submit on our website will not be used for this purpose unless you subscribe.

We do not share your Personal Information with outside third parties except to the extent necessary to perform our contractual obligations to you or to comply with the law. We may disclose your Personal Information:

  • To third party vendors who help us serve you, including vendors that help us verify your identity and vendors that process payments for us
  • To third parties you ask or authorise us to send Personal Information by opting in
  • To any of our Related Bodies Corporates (as defined in the Corporations Act 2001 (Cth))
  • To a company that merges with us, acquires us, or purchases substantially all of our assets, and
  • To third parties as required by law.

Where your Personal Information is disclosed to a third party as described above, we will take all steps reasonably necessary to ensure that your Personal Information is subject to appropriate safeguards, such as relying on a recognized legal adequacy mechanism, and that it is treated securely and in accordance with this Privacy Principles and the Privacy Laws.

We use non-identifying and aggregate information to better design our website and to share with advertisers. We will not examine this information for identifiable individual information. Traffic and transaction information may be shared with advertisers or third-party businesses on an aggregate and anonymous basis. We may use anonymous IP addresses to diagnose server or website problems, to administer the website or to provide you with more display content according to your preference. Promotions or advertisers on our website may utilize cookies. We do not have access to or control over the information (including Personal Information) collected by advertisers you may visit from our website.

In order to accommodate changes in our business, we may sell portions of our business (including the information collected through this website or otherwise collected in connection with the website) or buy other companies or assets. If our company or substantially all of its assets are acquired, customer information will be one of the assets transferred to the acquirer.

UNDER NO CIRCUMSTANCES WILL WE SELL YOUR PERSONAL INFORMATION TO A THIRD PARTY. 

Where we store your Personal Information
The Personal Information that we collect from you is transferred to, and stored at, a destination outside the Commonwealth of Australia ("Australia") that may not be subject to laws equivalent to the Privacy Laws. For our purposes, the information we collect is processed and stored on secure servers located in the United States of America. This is necessary in order to process the Personal Information. We may transfer your personal information outside Australia:

  • In order to store it
  • In order to enable us to provide goods or services to you and fulfil our contract with you (this includes order fulfilment, processing of payment details, and the provision of support services)
  • Where we are legally required to do so, or
  • In order to facilitate the operation of our group of businesses, where it is in our legitimate interests and we have concluded these are not overridden by your rights. For example, transferring information to our other offices and/or carefully selected third parties which may be located outside Australia.

Where your Personal Information is transferred outside Australia, we will take all steps reasonably necessary to ensure that your Personal Information is subject to appropriate safeguards, such as relying on a recognized legal adequacy mechanism, and that it is treated securely and in accordance with this Privacy Principles and the Privacy Laws.

How long we keep your Personal Information
We will retain your Personal Information for as long as is necessary for us to fulfill the transactions you have requested, for key business requirements such as marketing or for essential purposes such as complying with our legal obligations, resolving disputes, and enforcing our agreements. The criteria we use for determining retention periods for different categories of Personal Information will vary but may include:

  • How long we need to keep your Personal Information to provide our goods and/or services and operate our business
  • Your expectations as a customer
  • Legal, regulatory or contractual obligations to retain the Personal Information, and
  • The sensitivity of the Personal Information we are handling.

How we use cookies
A cookie is a small amount of data, which may include a unique identifier. Cookies are sent to your browser from our website and stored on your device. We assign a different cookie to each device that accesses our website.

We use cookies to recognize your device and provide you with a personalized experience on our websites. We also use cookies as part of our service. For example, to operate the shopping cart. We may also use web beacons and other automated tracking methods on our websites, in communications with you, and in our products and services, to measure performance and engagement. For example, to provide Reviews of our products.

Our website may also gather “traffic data” that may be helpful for marketing purposes or for improving the services we offer. From time to time, the website may use the standard “cookies” feature, commonly used in internet browser applications.

Our website may use:

  • Functional cookies to remember choices you’ve made or information you’ve provided
  • User-centric security cookies to detect authentication abuses to increase the security of the service
  • Flash cookies to store technical data needed to play back video or audio content
  • Cookies to store a user’s preference regarding a service across web pages, and
  • Analytics cookies, both first party and third party to measure how visitors use our website so that we can make relevant improvements.

We may update and/or change the way our website uses cookies at any time.

You can choose whether to accept cookies by changing the settings on your browser. However, if you choose to disable this function, your experience at our website may be diminished and some features may not work properly.

Your rights to your Personal Information
You can always decline to provide any Personal Information to us - it is your choice, and you are under no obligation to provide Personal Information to us. However, if you decide not to provide such information, then you may not be able to use or purchase from our site. At any point, you may access, review, and modify your Personal Information from your account by contacting us at the number and/or email provided below.

Should you decide to stop receiving promotional emails, we provide instructions in those emails to unsubscribe and will respect your decision to unsubscribe by removing you from the relevant subscription list.

You have the right under certain circumstances:

  • To be provided with a copy of your Personal Information held by us
  • To request the rectification or erasure of your Personal Information held by us
  • To request that we restrict the processing of your Personal Information
  • To object to the further processing of your Personal Information, and
  • To request that the Personal Information you provided to us be moved to a third party.

How we protect your Personal Information
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of Personal Information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the Personal Information we collect. We use reasonable technology to help prevent interference or access from unauthorized persons. Sensitive information is transmitted securely.

Despite our best efforts, please note that no company, including us, can fully eliminate risks or guarantee the security of your Personal Information, unauthorized entry or use, hardware or software failure, and other factors may compromise the security of your Personal Information. Consequently, we do not guarantee the security of any Personal Information or our ability to prevent any such loss, misuse, or otherwise to you or to any third party arising out of any such loss, misuse, or alteration.

Our servers and those of our partners are Privacy Shield compliant. For customers outside of the U.S., data is transferred to and stored in the U.S. and Canada in order to fulfill our business commitments to you. Our servers, our service providers, and our partners, are Privacy Shield compliant. Additional information is in the below table with links to our partners’ privacy statements.

          Shopify

          PowerReviews

          MailChimp

          Google

          Facebook


          Pinterest


          Twitter


          YouTube

We use Shopify as a web store platform

We use PowerReviews to provide review content

We use MailChimp to send emails to our customers

We use Google to measure how users access our site

We use Facebook to allow visitors to our website to interact with and share content via Facebook's social media platform

We use Pinterest to allow visitors to our website to interact
with and share content via Pinterest's social media platform

We use Twitter to allow visitors to our website to interact
with and share content via Pinterest's social media platform

We use YouTube to display video content



Children
Our website is a general audience website and no portion of the website is directed specifically to children under the age of 18. We do not collect or maintain Personal Information through our website from users we actually know are under the age of 13. If we learn or have reason to suspect that a website user is under the age of 18, we will delete any Personal Information in that user’s account.

Public Forums
Our website may include interactive forums such as message boards, chat rooms, or comments sections. Please remember that any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose your personal information.

How to contact us
For more information about this Privacy Policy and our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at Legal@beachwaver.com or by mail at: Floor 1, Nexus, Unit 104, 4 Columbia Court Baulkham Hills, NSW, 2153.

If you have a complaint about our compliance with the Privacy Laws and we have not resolved your complaint within 30 days’ after you first notified us of your complaint, you can refer your complaint to the Office of the Australian Information Commissioner by visiting their site http://www.oaic.gov.au/.

This Privacy Policy may be updated from time to time for any reason. We will notify you of any changes to this Privacy Policy by posting the new version to [insert privacy policy url] and we will change the “Last Updated” date above. You should consult this Privacy Policy regularly for any changes.