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;

(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;

(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;

(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;

(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;

(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;

(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

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).