Privacy Policy
Privacy Policy
UNISPHE PRIVACY POLICY
1. Introduction
1.1 Universal Sony Pictures Home
Entertainment Australia Pty Limited ABN 39 152 425 735 (Unisphe), as owner and operator of the KICKS website, recognises
that your personal information is important to you and that you are concerned
with its collection, use and disclosure. We are bound by the Australian Privacy
Principles as set out in the Privacy Act 1988 (Cth) which set clear standards
regarding these activities.
1.2 This policy explains how Unisphe collects, uses, and discloses
information from or about you when you use our websites, including kicks.com.au and kicksmailorder.com.au, and/or purchase our products over the phone or
through a printed catalogue that references this policy and, in particular,
covers:
(a) what types of personal information we
collect;
(b) how we collect and hold personal
information;
(c) how we hold and secure personal
information;
(d) why we collect, hold and use personal
information;
(e) using personal information for
marketing purposes;
(f) when we disclose personal information;
(g) dealing with us anonymously;
(h) our websites’ use of cookies;
(i) how you may access the personal
information that we hold about you, and how you may seek correction of that
personal information; and
(j) how you may complain about a breach of
the Australian Privacy Principles and how we will deal with such a complaint.
2. What personal information do we collect?
The kinds of personal information we
collect or which we may hold about you may include:
(a) your name;
(b) your address;
(c) your date of birth;
(d) your gender;
(e) your telephone number(s);
(f) your email address;
(g) payment and transaction information;
(h) your user name and password;
(i) information on how you use our products
and services;
(j) your genre and franchise preferences,
such as your favourite movies and TV shows;
(k) your purchase history;
(l) your IP address, server address and
information on your browsing activity when visiting our websites (including
your interaction with advertising material); and
(m) your user name for social networking
sites that you use to refer to, or in conjunction with, our goods and services
and personal preferences regarding products and services.
3. How do we collect your personal
information?
3.1 We collect personal information in a
number of ways including:
(a) when you order goods or services from
us online, over the phone and/or via printed catalogues;
(b) when you set up an online account with
us;
(c) when you subscribe to our mailing
lists;
(d) when you enter competitions or
promotions that we or third parties run;
(e) when you provide us or a third-party
contractor with your details for customer service purposes;
(f) when you browse our websites;
(g) when you submit an enquiry using our
websites or any of our social media messaging services;
(h) when you complete surveys or provide
online feedback or product reviews; and
(i) when you publicly comment about us on
social media sites (for example so that we can answer questions about our
products).
4. How do we hold your personal
information?
We hold personal information in a number of
ways, including:
(a) as part of customer records and other
electronic documents on which personal information is contained which are
stored on our information technology systems and servers operated by third
parties who provide services to us in connection with our business; and
(b) by securely storing hard copy documents
on which personal information is contained, at our premises and using third
party document management and archiving services.
5. How do we secure your personal
information?
We take reasonable steps to ensure that the
personal information that we hold is stored in a secure environment protected
from misuse, interference and loss and any unauthorised access, modification or
disclosure.
6. Why do we collect, hold and use personal
information?
We collect, hold and use your personal
information for a number of purposes connected with our business operations,
which include:
(a) providing you with products you have
bought;
(b) dealing with requests, enquiries,
complaints, consumer guarantee or warranty claims, and other customer care
related activities;
(c) marketing our products and services and
providing advice on our products;
(d) developing and improving our products
and services;
(e) in connection with our loyalty or reward
programmes and competitions;
(f) the operation and administration of
accounts or subscriptions that you have with us;
(g) conducting any checks that we consider
necessary to detect, prevent or prosecute fraud or other such crimes; and
(h) processing your payment.
7. Marketing
7.1 We may use your personal information to
promote and market products and services to you, including by email and/or by
post. We will not use your personal information for marketing purposes where
you have opted out of receiving such communications.
7.2 When you create an account with us, unless
you opt out, your details will be added to our marketing database to receive
information relating to Unisphe and our products. You may also choose to
receive such information by subscribing to our marketing database via our
websites.
7.3 You can opt-out of receiving email marketing
communications from Unisphe by clicking the unsubscribe button or link in the
relevant email, or by sending a request to privacy_officer@unisphe.com. If you
have an account with Unisphe, we may still need to send you essential
information about your account.
7.4 If you are a mail order customer and want
to opt out of receiving marketing materials from selected Australian retailers
by post, please contact our
customer services or visit http://www.listfactory.com.au/about-us/privacy-policy/.
8. When do we disclose your personal
information?
8.1 We may disclose personal information or
documents about you, including to:
(a) organisations that provide services to
us in connection with our business, including customer support, payment
processing, administration, archival, data storage, hosting, research, mail and
delivery, installation, distribution, logistics, marketing, auditing, share
registry, consulting, financial and legal advisory, banking, debt collection,
security or technical services and the operation of our websites. In some cases
these service providers may collect your personal information on our behalf;
(b) law enforcement agencies to assist in
the prevention, investigation and prosecution of criminal activities;
(c) parties involved in any third party
acquisition or potential acquisition of an interest in Unisphe or its assets;
(d) our insurers and insurance brokers;
(e) if goods you purchase from us are
subject to a product recall, the manufacturer or distributor of those goods;
and
(f) to other third parties where you have
specifically consented to the disclosure of information to these third parties.
8.2 We may disclose the name, address and order details of mail
order customers to third-party data management agencies
to help us send those customers more relevant marketing communications and
offers by post and/or to identify other potential customers through data
matching.
8.3 We may disclose the names and physical addresses of mail order customers,
with their consent, to trusted Australian retailers in the clothing,
collectables, food & wine, gardening, gadgets & entertainment, health
& beauty, household goods, and home interior categories. We would typically
do this because we think our customers will enjoy receiving relevant offers and
promotions from our partners by post.
8.4. We may disclose personal information
to our related bodies corporate, partnerships, joint venture entities and
external service providers located overseas, including in the United Kingdom,
for some of the purposes listed above. We take reasonable steps to ensure that
the overseas recipients of your personal information do not breach the privacy
obligations relating to your personal information.
9. Dealing anonymously
You can deal with us anonymously. In
certain circumstances however, we will ask you to provide personal information
because it is required by law or our policies to do so, or because it would be
impracticable to deal with you anonymously. These circumstances include where:
(a) you order goods online;
(b) you return goods for repair;
(c) where you enter one of our
competitions;
(d) where you submit a request, enquiry,
complaint, or consumer guarantee or warranty claim; and
(e) where you sign up for our newsletter.
10. Cookies
10.1 Our websites use cookies (small text files placed on your
computer or device) and other tracking
technologies, such as pixels, HTML5 and Flash local storage/flash cookies, web
beacons/GIFs, embedded scripts, ETags/cache browsers (referred to together from this point forward
as “Cookies”, unless otherwise stated). Cookies enable our systems to recognise your browser and your log-in
status, among other things. Cookies may also be used to record
non-personal information such as the date, time or duration of your visit, or
the pages accessed, for website administration, statistical and maintenance
purposes, as well as for marketing purposes. The default settings of browsers
like Internet Explorer usually allow cookies, but users can easily erase
cookies from their hard-drive, block all cookies, or receive a warning before a
cookie is stored. Some parts of the websites may not function
fully for users that disallow cookies.
10.2 If you visit the Unisphe websites to
read, browse or download information, our system may record information such as
the date and time of your visit to the websites, the pages accessed and any
information downloaded. This information is used:
(a) for statistical and reporting purposes;
(b) for website administration, security
and maintenance purposes; and
(c) to direct you to material on our
websites that we believe will be of interest to you.
12. How can you access, correct and update
your personal information?
12.1 We will provide access to your
personal information that we hold, on request (except in certain circumstances
set out in the Privacy Act 1988 (Cth). We reserve the right to charge you an
administration fee of $20 for providing access to your personal information and
may require some proof of your identity before providing information to you.
12.2 You may also request that we correct
the personal information that we hold about you. If you do so and we are
satisfied that, having regard to a purpose for which the information is held,
the information is inaccurate, out-of-date, incomplete, irrelevant or
misleading, we will take such steps as are reasonable in the circumstances to
correct your personal information.
12.3 To request access to the personal
information that we hold about you, or to update or correct that personal
information, please send a request to the Privacy Officer, by email to
privacy_officer@unisphe.com.
13. How can you make a complaint?
13.1 If you are concerned that the way we
have handled your personal information may be in breach of the Australian
Privacy Principles, please send details of your complaint to the Privacy
Officer, by email to privacy_officer@unisphe.com.
13.2 After receiving a complaint, we will
consider whether we need any further information from you to consider and
investigate the complaint properly, and may request such information from you.
We will then:
(a) conduct internal discussions, and
evaluate whether we believe that such handling of your personal information was
in breach of the Australian Privacy Principles; and
(b) notify you of the results of our
investigation of your complaint.
13.3 If the conclusion of our investigation
is that our handling of your personal information was in breach of the
Australian Privacy Principles, we will take steps to remedy the breach as soon
as reasonably practicable.
13.4 We will endeavour to notify you of the
results of our investigation of your complaint within 30 days of receiving your
complaint. However, if your complaint involves complex matters or requires
extensive investigation and consultation, it may not be possible to respond
within this timeframe.
13.5 If you are not satisfied with our
response to your complaint you are entitled under the Privacy Act 1988 (Cth) to
make a complaint to the Office of the Australian Information Commissioner.
Information about how to make a complaint is available from the Office of the
Australian Information Commissioner’s website (www.oaic.gov.au).