Beau Hudson is an Australian family fashion label. When you shop with us, it is important to us you know why we collect your personal information or personal data, how we keep it secure, what we use it for and who we share it with.
When we use the words “Beau Hudson”, “we”, “us” and “our” we are referring to Beau Hudson Pty Ltd (ACN 169 252 313) as trustee for Deacon Family Trust (ABN 56 239 291 281) and its Related Bodies Corporate (as defined by s9 of the Corporations Act 2001 (Cth)).
If you have any concerns about the manner in which your personal information or personal data has been collected, used, disclosed or processed by us, we have put in place an effective mechanism and procedure for you to contact us so we can attempt to resolve the issue. We can be e-mailed at firstname.lastname@example.org or you can write to us at Unit 3/7 Gateway Court, Coomera, Queensland Australia 4209 and our Privacy Officer will then liaise with you to resolve the issue.
We recommend you keep the information contained in this policy for future reference.
1. What is personal information and personal data?
We are bound by the Privacy Act 1988 (Cth), which governs the way private sector organisations collect, use, keep secure and disclose personal information. The Privacy Act defines “personal information” to mean information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent or can be reasonably ascertained, from the information or an opinion.
If you are residing in the European Union, we are required to comply with the GDPR (as defined in section 11) in relation to your personal data. Please see section 11 for more information.
2. What is Sensitive Information?
2.1 Sensitive information is a subset of personal information or personal data. It means information or an opinion about an individual’s racial or ethnic origin, political opinions, membership of a political organisation, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual preferences or practices or health information about an individual.
2.2 In general, we attempt to limit the collection of sensitive information we may collect from you, but depending on the uses you make of our products and services this may not always possible and we may collect sensitive information from you in order to carry out the services provided to you. However, we do not collect sensitive information from you without your consent.
3. Collection of your personal information or personal data
3.1 We only collect personal information or personal data that is necessary for what we do. The type of information we may collect from you includes (but is not limited to) the following:
(a) if you contact us or make an enquiry through our website, our team may require any of the following information: your full name (first and last), your email address, your phone number, order details (such as your order number, shipping address and payment method relevant to enquiries on the status of your order) and any other information you offer in the body of your enquiry;
(b) for our customers:
(1) your contact information such as first and last name and email address, current shipping address, billing address (if different to shipping address) and phone numbers;
(2) your opinions via surveys and questionnaires, if applicable, including but not limited to your views on the products and services we offer;
(3) details relating to the products and services you have obtained from us; and
(4) if you are requesting products or services from us, then any relevant payment or billing information (including but not limited to bank account details, credit card details, billing address, payment information and invoice details);
(c) entrants to our competitions or promotions: the same details as if you were making an enquiry with us, as well as your postal address, social media handle and any images you provide to us;
(d) for our stockists, your contact information such as first and last name and the email addresses of the approved contacts in your organisation, current shipping address, billing address (if different to shipping address) and phone numbers;
(e) if you are an applicant for employment with us, or engaged by us as an employee:
(1) details relating to your employment and performance related information (if applicable);
(2) contact information: such as your name, e-mail address, current postal and residential address, phone numbers, country of residence, next of kin contact details;
(3) CV, resume or application related information: such as the details provided in your resume or CV, your eligibility to work in Australia, your education, previous employment details, professional memberships or trade qualifications; and
(4) tax, superannuation and payroll information: such as your Tax File Number and ATO declaration, superannuation details and financial institution details.
(f) if you are engaged by us as a contractor:
(1) the details listed in paragraph 3.1(e), except that references to “employment” are replaced by references to “contractor engagement”, as applicable; and
(2) ABN details;
(g) social media and marketing: your activity including “likes”, comments posted, photos containing our products, your opinions or feedback and any other information pertaining to your social media activities which concern, or relate, to us.
3.2 As much as possible or unless provided otherwise under this policy, we will collect your information directly from you. Where you use a third party ecommerce platform to purchase our products or services, such as AfterPay, we can also view basic personal information about you such as your name, email address and shipping address.
3.3 When you engage in certain activities, such as entering a contest or promotion, filling out a survey or sending us feedback, we may ask you to provide certain information. It is completely optional for you to engage in these activities.
3.4 Depending upon the reason for requiring the information, some of the information we ask you to provide may be identified as mandatory or voluntary. If you do not provide the mandatory data or any other information we require in order for us to provide our services to you, we may be unable to effectively provide our services to you.
3.5 Due to the nature of the products and services we provide to you, it is impractical and unreasonable for us to deal with you on an anonymous basis or through use of a pseudonym.
3.6 We may gather your IP address as part of our business activities and to assist with any operational difficulties or support issues with our services. This information does not identify you personally.4. Cookies
4.1 If you use our website, we may utilise “cookies” which enable us to monitor traffic patterns and to serve you more efficiently if you revisit the site. Cookies are small text files which are downloaded on to your computer or mobile device when you visit a web site or application.
4.2 A cookie does not identify you personally but it does identify your computer, and certain types of cookies can identify you when combined with other personal information or personal data we hold about you. Your browser should notify you when you receive a cookie or the first time you visit our website and this will provide you with an opportunity to either accept or reject it.
4.3 There are several types of cookies that our website uses, such as those:
(a) necessary to operate our website - administrative and operational purposes;
(b) that track your preferences - such as your purchasing history and clicked on items;
(c) that collect statistics / analytics on how you use our website - where you visited our website from, what you purchased and what your interaction with promotions was; and
(d) that market to you - such as upcoming promotions or cart completion reminders.
4.4 When you first visit our website and click “accept” or “submit” on the cookies notice on our website, you are consenting to us collecting and using all essential and non-essential cookies.
4.5 The cookies we collect do not store sensitive information such as your name or address.
4.6 You may restrict, block or delete cookies from our website (www.beauhudson.co), by adjusting the settings of your browser. Each browser is different, so consult the ‘Help’ menu of your particular browser to learn how to change your cookie preferences.
5. How we may use and disclose your personal information or personal data
5.1 We will only use or disclose your personal information or personal data for the primary purposes for which it was collected or as consented to and/or as set out below.
5.2 You consent to us using and disclosing your personal information or personal data to facilitate the purpose for which your personal information or personal data was collected, including:
(a) for enquiries received by us - enabling us to consider and respond to your enquiry;
(b) for our customers:
(1) the creation of an account with us to process orders;
(2) the provision of our services and delivery of our products to you;
(3) the administration and management of our products and services, including payment processing, charging, billing, credit card authorisation and verification;
(4) the improvement of our services (including to contact you about those improvements and asking you to participate in surveys about the products and services);
(5) the maintenance and development of our products and services, business systems and infrastructure;
(6) marketing and promotional activities by us and our related bodies (including by direct mail, telemarketing, email, SMS and MMS messages) such as our customer loyalty programs, newsletters and competitions;
(7) to provide customer service functions, including handling customer enquiries and complaints;(8) to offer you updates, or other content or products and services that may be of interest to you;
(9) processing of returns, refunds or exchanges; and
(10) to set up your account with us (as applicable);
(c) for our stockists, to ensure you are an approved stockist of our products, supply our products to you, invoice you for our products and supply your details on our website so that potential customers may locate your premises;
(d) for persons that apply for a role with us, are employed by us or are engaged by us as contractors:
(1) background checks and verification of your identity;
(2) (upon carrying out your duties or providing services), payment of amounts due and owing to you; and
(3) administration, performance monitoring and management;
(e) if you participate in our social media platforms (including but not limited to Facebook, Twitter or LinkedIn) and you provide us with your personal information, we will use it to send marketing material to you, customer service related contact, respond to social media messages and we may also re-post your post on our page or in our stories;
(f) our compliance with applicable laws;
(g) the sale, and matters in connection with a potential sale, of our business or company to a third party; and
(h) any other matters reasonably necessary to continue to provide our products and services to you.
5.3 We may also use or disclose your personal information or personal data and in doing so we are not required to seek your additional consent:
(a) when it is disclosed or used for a purpose related to the primary purposes of collection detailed above and you would reasonably expect your personal information or personal data to be used or disclosed for such a purpose;
(b) if we reasonably believe that the use or disclosure is necessary to lessen or prevent a serious or imminent threat to an individual’s life, health or safety or to lessen or prevent a threat to public health or safety;
(c) if we have reason to suspect that unlawful activity has been, or is being, engaged in; or
(d) if it is required or authorised by law (including but not limited to regulatory bodies such as the Australian Securities and Investment Commission).
5.4 In the event we propose to use or disclose such personal information or personal data other than for reasons in paragraphs 5.1 - 5.3 above, we will first seek your consent prior to such disclosure or use.
5.5 If you have received communications from us and you no longer wish to receive those sorts of communications, you should contact us by e-mail at email@example.com or write to us Unit 3/7 Gateway Court, Coomera, Queensland Australia 4209 and we will ensure the relevant communication ceases. Any other use or disclosure we make of your personal information or personal data will only be as required by law or as permitted by the Privacy Act or by this policy or otherwise with your consent.
6. The types of organisations to which we may disclose your personal information or personal data
6.1 We may disclose your personal information or personal data to organisations outside of Beau Hudson. Examples of organisations and/or parties that your personal information or personal data may be provided to include:
(a) service providers based here and overseas, including without limitation our courier companies and service providers that help us manage our customer database, marketing material and shipping labels;
(b) related entities and subsidiaries of Beau Hudson;
(c) our contractors and agents; and
(d) as required or authorised by law.
6.2 Your personal information or personal data is disclosed to these organisations and/or parties only in relation to the products or services we provide to you or for a purpose permitted by this policy.
6.3 We take such steps as are reasonable to ensure that these organisations and/or parties are aware of the provisions of this policy in relation to your personal information or personal data.
7. Direct Marketing
7.1 You expressly consent to us using your personal information or personal data, including any email address you give to us, to provide you with information and to tell you about our products, services or events or any other direct marketing activity (including third party products, services, and events) when you are a customer of ours (Direct Marketing Communications) which we consider may be of interest to you.
7.2 Without limitation of paragraph 7.1, if it is within your reasonable expectations that we send you Direct Marketing Communications given the transaction or communication you have had with us, then we may also use your personal information or personal data for the purpose of sending you Direct Marketing Communications which we consider may be of interest to you.
7.3 If at any time you do not wish to receive any further Direct Marketing Communications from us, you may ask us not to send you any further information about products and services and not to disclose your information to other organisations for that purpose. You may do this at any time by using the “unsubscribe” facility included in the email or by contacting us at firstname.lastname@example.org or write to us Unit 3/7 Gateway Court, Coomera, Queensland Australia 4209.
8. Cross Border Disclosure
8.1 Any personal information or personal data provided to Beau Hudson may be transferred to, and stored at, a destination outside Australia, including but not limited to the United States and Canada where we may utilise third party service providers or contractors to assist Beau Hudson with providing our products and services to you. Personal information or personal data may also be processed by staff or by other third parties operating outside Australia who work for us or for one of our suppliers, agents, partners or related companies.
8.2 By submitting your personal information or personal data to Beau Hudson, you expressly agree and consent to the disclosure, transfer, storing or processing of your personal information or personal data outside of Australia. In providing this consent, you understand and acknowledge that countries outside Australia do not always have the same privacy protection obligations as Australia in relation to personal information or personal data.
8.3 The Privacy Act requires us to take such steps as are reasonable in the circumstances to ensure that any recipients of your personal information or personal data outside of Australia do not breach the privacy principles contained within the Privacy Act. By providing your consent, under the Privacy Act, we are not required to take such steps as may be reasonable in the circumstances.
8.4 If you do not agree to the transfer of your personal information or personal data outside Australia, please do not supply us with your personal information or personal data, or contact us by email at email@example.com or write to us Unit 3/7 Gateway Court, Coomera, Queensland Australia 4209.
9. Data quality and security
9.1 We will hold your personal information or personal data for the purposes listed above, and we have taken steps to help ensure your personal information or personal data we hold is safe. You will appreciate, however, that we cannot guarantee the security of all transmissions or personal information or personal data, especially where the Internet is involved.
9.2 Notwithstanding the above, we will take reasonable steps to:
(a) make sure that the personal information or personal data we collect, use or disclose is accurate, complete and up to date;
(b) protect your personal information or personal data from misuse, loss, unauthorised access, modification or disclosure both physically and through computer security methods; and
(c) destroy or permanently de-identify personal information or personal data if it is no longer needed for its purpose of collection.
9.3 However, the accuracy of personal information or personal data depends largely on the information you provide to us, so we recommend that you:
(a) let us know if there are any errors in your personal information or personal data; and
(b) keep us up-to-date with changes to your personal information or personal data (such as your name or address).
9.4 Under the notifiable data breaches scheme that commenced from 22 February 2018 we are required to provide the Australian Information Commission with a Notifiable Data Breach statement when an eligible data breach occurs. If an eligible data breach occurs in respect of the personal information or personal data we hold about you, we will notify you directly or publish a statement on our website.
10. Access to and correction of your personal information or personal data
10.1 You are entitled to have access to any personal information or personal data relating to you which we possess, except in some exceptional circumstances provided by law. You are entitled to edit or delete such information unless we are required by law to retain it or permitted to retain it in accordance with this policy. However, we may keep track of past transactions for our accounting and audit requirements. Furthermore, it may be impossible to completely delete your information because some information may remain as backups.
10.2 If you would like access, delete, or correct any records of personal information or personal data we have about you, you are able to access, update and delete that information (subject to the above) online in your own account, or by contacting our Privacy Officer at firstname.lastname@example.org or write to us Unit 3/7 Gateway Court, Coomera, Queensland Australia 4209. We reserve the right to charge a fee for searching for and providing access to your information.
11.1 In providing our products and services, or collecting and using your personal data, we are required to comply with the GDPR where you are a European Union resident. If you are a resident of the European Union for the purposes of the GDPR, then in addition to what is set out in Sections 1-10 above, the following applies to you. Under the GDPR, we are considered a “data processor” in the provision of our retail services to you.
11.2 The following defined terms have the associated meanings:
(a) “data subject” has the meaning attributed to that term in the GDPR.
(b) “GDPR” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC; and
(c) “personal data” means the personal data (having the meaning attributed to that term in the GDPR) of the data subjects whose data is processed for the purposes of the provision of our retail services.
11.3 In addition to your rights of access and correction as set out above, as a data subject you may:
(a) (access) request access to your personal data held by Beau Hudson;
(b) (rectification) request to update or rectify any of the personal data that we hold about you by contacting us at the details specified above and request personal data updates;
(c) (erasure) withdraw your consent to Beau Hudson’s use of your personal data as described in this policy by deletion or erasure of your personal data that we hold where that data is no longer required for the purpose for which it was collected;
(d) (restriction on processing) obtain from the controller (usually, this is your employer) a restriction on processing of your personal data where:
(1) accuracy of the personal data is contested;
(2) the processing by the processor is unlawful (and you oppose erasure but request restriction of use);
(3) Beau Hudson no longer needs your personal data; or
(4) you have objected to processing pursuant to your right to object under Article 21(1) of the GDPR;
(e) (data portability) request that Beau Hudson:
(1) provides you with a copy of the personal data that Beau Hudson holds about you in a portable and machine readable form; or
(2) share your personal data with a nominated third party.
11.4 If you wish to exercise any of your data subject rights, then please send your request in writing to the details below in section 12.1. We will process your request promptly and in any event, within one month of receipt of receiving it.
11.5 If you have any concerns in relation to Beau Hudson’s collection or processing of your personal data, then you also have a right to complain to a supervisory authority (within the meaning of the GDPR).
12. Complaints and Consent
12.1 If you wish to raise a complaint with us in regard to the way that we have handled your personal information or personal data or otherwise have any concerns, please write to us at email@example.com or Unit 3/7 Gateway Court, Coomera, Queensland Australia 4209. We will take steps to handle and resolve your complaint, including escalating your complaint to an appropriate person to handle it.
12.2 This is a compliance document prescribed by law, rather than a legal contract. However certain contracts may incorporate all of part of this policy. By using our website or accepting our terms and conditions, you are agreeing to the terms of this policy.
12.3 If you are taken to a third party website from our website, this policy no longer applies to your personal information or personal data. Rather, you will need to review the privacy documentation of the third party website.
12.4 We reserve the right to modify our policy as our business needs require. We will notify you of such changes (whether by direct communication or by posting a notice on our website), after which, your continued use of our products, services or website or your continued dealings with us shall be deemed to be your agreement to the modified terms.