Version Date: 8 January 2021
ABOUT THIS POLICY
In Australia, “personal information” is any information or opinion about you, or from which you are reasonably identifiable.
In New Zealand, “personal information” (as defined in the Privacy Act 1993) means information about an identifiable individual; and includes information relating to a death that is maintained by the Registrar-General pursuant to the Births, Deaths, Marriages, and Relationships Registration Act 1995, or any former Act (as defined by the Births, Deaths, Marriages, and Relationships Registration Act 1995).
(1) EVENSKIN PRIVACY OBLIGATIONS
A copy of the AU Act, the Privacy Principles and guidance from the Office of the Australian Information Commissioner are available from the website of the Office of the Australian Information Commissioner (at www.oaic.gov.au).
A copy of the NZ Act, the Privacy Principles and related guidance are available from the website of the Office of the Privacy Commissioner (at www.privacy.org.nz).
(2) COLLECTION AND USE OF PERSONAL INFORMATION
EvenSkin will, from time to time, collect personal information in the course of its business.
In Australia, we may use your personal information for the following purposes:
(a) the purpose for which it was collected (and related purposes which would be reasonably expected by you);
(b) purposes to which you have consented; or
(c) as otherwise authorised or required by law.
The personal information that we collect about you may be used by us for a number of purposes connected with our business. These purposes may include:
(a) verifying your identity;
(b) contacting you (including via electronic messaging such as SMS and email, by mail, by phone or in any other lawful manner);
(c) providing goods or services to you or receiving goods or services from you;
(d) addressing any issues, problems or complaints that we or you have regarding our relationship; and
(e) developing and improving our products, services and business.
The types of personal information EvenSkin collects and the purposes for which that personal information is used will depend on the circumstances. Some examples of the types of information that EvenSkin ordinarily collects in certain situations and how it is ordinarily used are set out below.
In general, EvenSkin collects the following types of personal information about consumers: name, contact information (including postal and e-mail address and telephone numbers), gender, age and date of birth, product preferences, purchasing histories and other information relating to a consumer’s dealings with us. We generally use this personal information to assist in the supply of products and services, for promotional purposes and for our internal administrative purposes.
EvenSkin collects personal information from consumers in a number of different ways including directly from a consumer when they provide it to us (or our agents or contractors) including when a consumer:
(a) visits our websites or counters;
(b) acquires or uses our products;
(c) enters a competition or promotion;
(d) responds to a survey;
(e) joins one of our clubs or mailing lists; or
(f) otherwise contacts us.
We may also generate personal information about consumers from information that we have. For example, by analysing our records of a consumer’s use of our products or services or the consumer’s previous dealings with us.
We may also collect personal information about consumers from publicly available resources or (in circumstances where it is unreasonable or impractical to obtain it from the consumer directly) from third parties.
Applicants for employment
EvenSkin collects a range of personal information about applicants for employment such as name, contact information (including postal and e-mail address and telephone numbers), employment and training history and any other information included as part of an application, resume or curriculum vitae. We may also obtain personal information from psychological or aptitude tests and from referees. We use all of that information only to assess a person’s suitability for available employment positions. This information is collected when you submit an application for employment.
Suppliers, Purchasers and Contractors
The personal information EvenSkin collects about suppliers, purchasers or contractors who are individuals generally includes name, contact information (including postal and e-mail addresses and telephone numbers), payment and banking details. We use that information for our transactions with such persons, our internal administrative purposes related to our relationship with that person as a supplier, purchaser or contractor and in building and managing our commercial relationships. This information is collected when a supplier, purchaser or contractor contacts us, responds to a request for services, or otherwise offers to supply us with goods or services.
When you use our websites, EvenSkin may also collect “clickstream” information (such as which areas of our websites you have accessed, the time and date of access, the type of browser software used, your IP address and the previous website that you linked to our website from). We may also collect “cookie” information (such as user preferences relating to your use of the web site). This information is used for a number of purposes including to customise and improve EvenSkin’s website. You can adjust your internet setting to disable “cookies”, however certain aspects of our websites may require this information to function and may not be available or perform optimally if this information is not collected.
The AU Act defines some types of personal information as “sensitive information”. Personal information about a person’s racial or ethnic origin, political opinions or memberships, religious or philosophical beliefs or affiliations, professional or trade association or union memberships, sexual orientation or practices, criminal record or health (including genetic and biometric information) is considered sensitive information. EvenSkin does not generally collect sensitive information about individuals. If you provide sensitive information to us for any reason (for example if you provide us with health information such as information about allergies or skin conditions) you consent to us collecting, using and disclosing that information for the purpose for which you disclosed it and as permitted by the AU Act. We will handle any sensitive information that we receive in accordance with this.
(3) DISCLOSURE OF PERSONAL INFORMATION
We may disclose or provide access to your personal information to third parties in connection with the purposes described in section 2 of this policy (or as otherwise authorised or required by law).We may disclose your personal information:
to third party contractors appointed by EvenSkin to perform services for us or on our behalf (such as marketing agencies, customer service organisations, parties who provide credit card processing services and website and data hosting providers);
(a) to our related companies;
(b) to our professional advisors, accountants, insurers, lawyers and auditors on a confidential basis;
(c) in the unlikely event that we, or any of our assets, are or may be acquired by a third party, to that third party and its advisors;
(d) in certain circumstances, to third parties that require information for law enforcement or to prevent a serious threat to public safety;
(e) as required or authorised by law; or
(f) otherwise with your consent.
EvenSkin requires our contractors to keep personal information confidential and not to use or disclose it for any purpose other than performing services for us or on our behalf.
You should be aware that some information that you upload to parts of our websites or to our social media pages may be available to be viewed by the public. You should use discretion in deciding what information to upload to such sites.
(4) DIRECT MARKETING
Direct marketing involves communicating directly with you for the purpose of promoting the sale of goods and services to you. Direct marketing can be delivered by a range of methods including mail, telephone, email or SMS. We may use and disclose your personal information for the purpose of sending you direct marketing materials where:
(a) you have consented to us doing so; or
(b) it is otherwise permitted by law.
You can unsubscribe from receiving direct marketing materials from us at any time by using the unsubscribe feature on from marketing emails.
EvenSkin will take reasonable steps to keep any personal information we hold about you secure. However, except to the extent liability cannot be excluded due to the operation of statute, we exclude all liability (including in negligence) for the consequences of any unauthorised access to your personal information. Please notify us immediately if you become aware of any breach of security.