Cloud Nine ANZ Pty Ltd (1st September 2020)
1. Definitions and Interpretation
In this Policy the following terms shall have the following meanings:
“Account” means an account required to access and/or use certain areas of the features of Our site;
“Cookie” means a small text file placed on your computer or device by Our Site when you visit certain parts of Our Site and/or when you use certain features of Our Site. Details of the Cookies used by Our Site are set out in section 12, below;
“Our Site” means this website, displayed at www.cloudninehair.com.au and any other URL;
“We/Us/Our” means Cloud Nine ANZ Pty Ltd (ACN 640 337 015) and Master Distributor Ltd, a limited company registered in England under 07079855, both of which form part of the Cloud Nine International Ltd Group, whose registered address is Sanderson House, Station Road, Horsforth, Leeds, LS18 5NT, United Kingdom.
2. Information About Us
Our Site is owned and operated by Master Distributor Ltd, a limited company registered in England under 07079855 and part of the Cloud Nine International Ltd Group; whose registered address is Sanderson House, Station Rd, Horsforth, Leeds, LS18 5NT United Kingdom. Our data protection officer is Adie Speight, who can be contacted at firstname.lastname@example.org.
3. Scope – What Does This Policy Cover?
4. What Data Do We Collect?
ii. date of birth;
iv. business/company name;
v. job title;
vii. contact information such as email addresses and telephone numbers;
viii. demographic information such as post code, preferences and interests;
ix. financial information such as credit / debit card numbers;
x. IP address (automatically collected);
xi. web browser type and version (automatically collected);
xii. operating system (automatically collected);
xiii. a list of URLs starting with a referring site, your activity on Our Site, and the site you exit to (automatically collected).
5. The purpose for collecting your personal information
We will generally only collect and use your personal information for the primary purposes of: our general business operations; effectively providing you with our goods and services; where applicable, assessing and processing an application for commercial credit, and for administrative purposes in relation to the ongoing management of your commercial credit arrangement; communicating with you; responding to your inquires or complaints; meeting our legal and regulatory obligations; conducting, improving and developing a relationship with you; direct marketing (such as providing you with information about our products and promotional notices and offers); and improving our websites. Your personal information is only collected by lawful and fair means and where practicable, only from you or from a person acting or authorised to act on your behalf. We will take reasonable steps to ensure that you are aware of: the likely use of the information; the right of access to the information; the identity and contact details of our employee/representative collecting your personal information; any law requiring collection of the information; and the main consequences of failure to provide your personal information.
6. How we may use and disclose your personal information
We may use your personal information for: the primary purposes for which it was collected, such as those described above; assessing and processing an application for, or administrative and management of, a commercial credit account with us; administering and responding to your enquiry or feedback about our products and/or services; conducting, and allowing you to participate in, a promotion, competition, promotional activity, survey, market research or customer behavioural activity; promoting and marketing our current and future products and services to you, informing you of upcoming events and special promotions and offers and analysing our products and services so as to improve and develop new products and services (but giving you the opportunity to opt out of such direct marketing); and improving the operation of our websites. We may disclose personal information we collect from you: to our related companies, suppliers, consultants, contractors or agents for the primary proposes for which it was collected or for other purposes directly related to the purpose for which the personal information is collected. For example, your name and telephone number may be disclosed to our supplier to enable that supplier to respond to your request for information about a particular product; for direct marketing, but giving you the opportunity to opt out of such direct marketing. We will include our contact details in any direct marketing; to relevant Federal, State, Territory medical, health and safety authorities (as required); where the law requires or authorises us to do so; to others that you have been informed of at the time any personal information is collected from you; and with your consent (express or implied), to others. We do not disclose your personal information for any secondary purposes unless your consent has been given or as required by law and we will not sell or license any personal information that we collect from you.
7. How your personal information is stored and secured
We take reasonable steps to protect your personal information from loss, misuse or unauthorised access by restricting access to the information in electronic format and by appropriate physical and communications security.
If a substantial data breach has or may have occurred (for example, your personal information was shared with unauthorised persons) we will notify you as soon as is practicable.
We only keep your personal information for as long as you agree to us retaining it or as otherwise required by law. We will take appropriate measures to destroy or permanently de-identify your personal information if we no longer need to retain it. These measures may vary depending on the type of information concerned, the way it was collected and how it was stored.
8. Marketing and Opting-Out
We may use your personal information for: promotion and marketing of our current and future products and services; informing you of upcoming events and special promotions and offers; and analysing our products and services so as to improve and develop new products and services. We may exchange your personal information between our related entities so that they can also assist in the marketing of our products and services to you. We will only offer you products or services where we reasonably believe that they could be of interest or benefit to you. At the point we collect information from you, you will generally be given the opportunity to “opt out” from receiving marketing communications from us. You also may “opt out” from receiving these communications by clicking on an unsubscribe link at the end of an email or by contacting us with this request.
9. Cross-border disclosure
Your personal information may also be processed by, or disclosed to employees, representatives, or other third parties operating outside of Australia who work for, or are engaged by us in other countries, including (but not limited to) Cloud Nine International Group Ltd. For example, we may use a server hosted overseas to store data, which may include your personal information.
We will take reasonable steps, in the circumstances, before your personal information is disclosed to an overseas recipient, to ensure that the overseas recipient does not breach privacy laws in relation to your personal information (‘the reasonable steps’).
The reasonable steps may not apply if you consent to the disclosure of your personal information to an overseas recipient and we reasonably believe that the overseas receipt is subject to laws that are suitability similar to privacy laws in Australia.
If you consent to the disclosure of your personal information to an overseas recipient, the overseas recipient may not be accountable under the Privacy Act and you will not be able to seek redress for breaches under the Privacy Act.
10. International Data Transfer
Our company operates globally and as such, your personal information may be transferred to and stored on servers outside of Australia. By using our services and providing us with your personal information, you consent to the transfer and storage of your information outside of Australia.
We take appropriate measures to ensure that any international transfer of personal information complies with applicable data protection laws. This includes implementing appropriate technical and organizational measures to safeguard the security and privacy of your personal information during the transfer process.
11. What Happens If Our Business Changes Hands?
We may, from time to time, expand or reduce Our business and this may involve the sale and/or the transfer of control of all or part of Our business. Data provided by users will, where it is relevant to any part of Our business so transferred, be transferred along with that part and the new owner or newly controlling party will be permitted to use the data for the purposes for which it was originally collected by Us. In the event that any of your data is to be transferred to a new business owner, you will be informed of the changes.
12. How Can You Control Your Data?
When you submit information to Us, you may be given options to restrict Our use of your data. We aim to give you strong controls on Our use of your data (including the ability to opt-out of receiving emails from Us which you may do by unsubscribing using the links provided in Our emails and at the point of providing your details AND/OR by managing your Account).
13. Your Right to Withhold Information and Your Right to Withdraw Information After You Have Given it
14. How Can You Access Your Data?
You can ask for a copy of any of your personal data held by Us (where such data is held). Please contact Us for more details at email@example.com.
15. What Cookies Do We Use and What For?
By using Our Site you may also receive certain third party Cookies on your computer or device. Third party Cookies are those placed by websites, services, and/or parties other than Us. We use third party Cookies on Our Site to: place advertisements for our products on other external sites. We do this by allowing third parties including Google and Adserve to place cookies on our Site which allows them to identify your visit to our Site and preferences shown whilst on it and your visits to subsequent third party websites in their adserving network. This allows us to serve tailored advertisements to you on those third party websites based on the information we have collected on your interests whilst you were visiting our Site; help the Site to function correctly and ensure that the ‘add to bag’, navigation and country site settings are maintained; monitor the Site’s performance and ensure that we deliver a fast browsing experience; allow you to share content with social networks, express interest in content and connect with your social media networks; to allow us to collect anonymous data about Site usage to help us improve the usability, content and user experience of the Site. This includes site analytics cookies such as Google Analytics. We also use Google Analytics to collect information about your online activity on the Site, such as the web pages you visit, the links you click and the searches you conduct on the Site. We use the information to compile reports and to help us improve the site. The cookies collect information in an anonymous form, including the number of visitors to the Site, where visitors have come to the site from and the pages they visited. For more information about the information gathered using Google Analytics please visit http://www.google.com/intl/en_uk/analytics/tos.html; to assess third party conversion by allowing us to collect anonymous data about how our marketing is performing.
These Cookies are not integral to the functioning of Our Site. All Cookies used by and on Our Site are used in accordance with current data protection laws. Before any third party Cookies are placed on your computer or device, you will be shown a pop-up/ message bar, requesting your consent to set those Cookies. By giving your consent to the placing of third party Cookies you are enabling Us to provide the best possible experience and service to you. You may, if you wish, deny consent to the placing of third party Cookies; however certain features of Our Site may not function fully or as intended. You will be given the opportunity to allow only first party Cookies and block third party Cookies.
Certain features of Our Site depend on Cookies to function. Data protection laws deem these Cookies to be “strictly necessary”. Your consent will not be sought to place necessary Cookies. You may still block these Cookies by changing your internet browser’s settings as detailed below, but please be aware that Our Site may not work as intended if you do so. We have taken great care to ensure that your privacy is not at risk by allowing them. Necessary cookies help make a website usable by enabling basic functions like page navigation and access to secure areas of the website. The website cannot function properly without these cookies.
Other cookies include preference cookies, statistics cookies and marketing cookies, as follows: preference cookies enable a website to remember information that changes the way the website behaves or looks, like your preferred language or the region that you are in; statistic cookies help website owners to understand how visitors interact with websites by collecting and reporting information anonymously; and marketing cookies are used to track visitors across websites. The intention is to display ads that are relevant and engaging for the individual user and thereby more valuable for publishers and third party advertisers.
Our Site uses analytics services provided by Google Universal Analytics; Google Advance E-Commerce Tracking; Facebook Insights. Website analytics refers to a set of tools used to collect and analyse usage statistics, enabling Us to better understand how people use Our Site. This, in turn, enables Us to improve Our Site and the products and services offered through it. You do not have to allow Us to use these Cookies, as detailed below, however it does enable Us to continually improve Our Site, making it a better and more useful experience for you.
The analytics service(s) used by Our Site use(s) Cookies to gather the required information. Some of these Cookies may be placed immediately when you first visit Our Site and it may not be possible for Us to obtain your prior consent.
You can choose to enable or disable Cookies in your internet browser. Most internet browsers also enable you to choose whether you wish to disable all cookies or only third party cookies. By default, most internet browsers accept Cookies but this can be changed. For further details, please consult the help menu in your internet browser or the documentation that came with your device. You can choose to delete Cookies at any time however you may lose any information that enables you to access Our Site more quickly and efficiently including, but not limited to, login and personalisation settings. It is recommended that you keep your internet browser and operating system up-to-date and that you consult the help and guidance provided by the developer of your internet browser and manufacturer of your computer or device if you are unsure about adjusting your privacy settings.
16. Government identifiers
We do not use government identifiers (e.g. tax file numbers or Medicare numbers) to identify individuals.
17. Automated Decision-Making and Profiling
It is not our policy to carry out automated decision-making and profiling; however in the event that We were to use personal data for the purposes of automated decision-making and those decisions have a legal (or similarly significant effect) on You, You have the right to challenge such decisions under data protection laws, requesting human intervention, expressing your own point of view, and obtaining an explanation of the decision from Us.
The right described in the paragraph above does not apply in the following circumstances:
- the decision is necessary for the entry into, or performance of, a contract between the You and Us;
- the decision is authorised by law; or
- you have given your explicit consent.
Where We use your personal data for profiling purposes, the following shall apply:
- clear information explaining the profiling will be provided, including its significance and the likely consequences;
- appropriate mathematical or statistical procedures will be used;
- technical and organisational measures necessary to minimise the risk of errors and to enable such errors to be easily corrected shall be implemented; and
- all personal data processed for profiling purposes shall be secured in order to prevent discriminatory effects arising out of profiling.
18. User Generated Content
CLOUD NINE Gallery
We’re all about the inspiration! We know our community is always keen to share their looks using CLOUD NINE, which also helps to inspire others for their next look, or which tool to buy next.
Be part of our CLOUD NINE Gallery where we’ll feature your content across web and social. Wherever your content is used, you will be fully accredited as the owner and producer of this content.
1. How to submit your content
To upload your photo through Facebook, Instagram or Twitter use the tags @cloudninehair or #cloudninehair, which will alert us to your content. Don’t forget, your profile must be public in order for us to view any content.
2. How to approve permissions for us to share your content
If your content is chosen by CLOUD NINE, you will receive a reply on your post from the @cloudninehair account.
3. How will CLOUD NINE use your content?
By replying with #yescloudnine, you grant CLOUD NINE a non-exclusive, worldwide and royalty-free license to use your content. You will retain copyright to any content you share with us.
If selected, your content could be shared in a number of ways across CLOUD NINE marketing and/or advertising which includes our online store, emails, social media - including our international channels and paid social media - external markets such as affiliates or partners across PR, Press and Direct Mail.
CLOUD NINE may use your content or, reproduce, distribute, combine with other materials, translate, alter, edit and publish your content at its sole discretion.
CLOUD NINE are under no obligation to share any content submitted via #yescloudnine and this will be at our sole discretion on if content is shared and how it is used.
4. Your commitment to CLOUD NINE Gallery
By replying with #yescloudnine, you confirm that you are over 18 years of age.
You warrant that you own all the rights to your content and that you have sought permissions from (i) any person(s) appearing in your content and (ii) if your content includes any third party content ie. music, or stock imagery, that you have the required licenses, rights and permissions to publish the content and that this license extends to the use of your content for CLOUD NINE.
5. What happens if you would like a photo removing?
If you believe that a photo in our CLOUD NINE Gallery is violating someone’s legal rights, eg. trademark or copyright infringement, please email firstname.lastname@example.org with the subject name - CLOUD NINE Gallery. This also applies to any content you feel is offensive, or if you change your mind on giving us permissions via #yescloudnine.
We reserve the right to remove any content across our CLOUD NINE Gallery, website or marketing materials at any time and without reason.
19. Contacting Us
20. Complaints, Concerns and Changes
We will ensure your compliant is handled by our Privacy Officer in an appropriate and reasonable manner. Were necessary we may consult with our related entities and partners in order to deal with your complaint. A written notice of our decision regarding your complaint will be provided to you.
If you are not satisfied with the outcome, then you may contact the Office of the Australian Privacy Commissioner:
Office of the Australian Information Commissioner
Phone: 1300 363 992
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