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Sportsman’s Warehouse Privacy Policy

Last revision: 26 February 2018

 

1.    Introduction

 1.1.  Sportsman’s Warehouse Pty Limited (ACN 008 586 785) (Us, We, Our, Ourselves) is committed to protecting Personal Information which it collects, uses, discloses and holds.

1.2.  We take seriously Our obligations under the Privacy Act 1988 (the Act) and the Australian Privacy Principles.

1.3.  This Privacy Policy sets out how We manage Personal Information and its implementation is one measure We take to ensure Our processes are open and transparent as required by the Act. Any person who provides Personal Information to Us consents to Us using, storing, and disclosing that Personal Information in accordance with this Privacy Policy.

1.4.  This Privacy Policy is available for free on Our website at https://www.sw.com.au/policies#Privacy-Policy or by contacting Us directly and requesting a copy.

1.5.  We may revise or update this Privacy Policy from time to time by publishing a revised version on Our website. Revised versions take effect from the time published.

1.6.   Employees and prospective employees should refer to Our Employee Privacy Policy, which is to be read in conjunction with this Privacy Policy, for information on the Personal Information collected, the purposes for collection, and how the Personal Information of employees and prospective employees is dealt with. The terms of the Employee Privacy Policy will prevail to the extent of any inconsistency with the terms of this Privacy Policy.

1.7.   This Privacy Policy applies to all of Our related bodies corporate and subsidiaries.

 

2.      Why does Sportsman’s Warehouse collect Personal Information?

 2.1.    The Personal Information You provide is important to Us as it can be used to identify You, make it easy for Us to contact You, and to allow Us to efficiently carry out Our business functions and activities.

2.2.    We collect Personal Information from individuals to enable Us to provide various products, services, and offerings. This may include:

a)       ailoring Our offerings to suit Our customer’s preferences; and

b)       communicating Our offerings to Our customers and potential customers.

2.3.     We try at all times to only collect the Personal Information We require to enable Us to perform the particular function or activity We are carrying out.

 

3.       Anonymity and Pseudonymity

3.1.     Subject to this clause 3, when dealing with Us, You may ask not to identify Yourself, and remain anonymous. Alternatively, when dealing with Us, You may use a Pseudonym, and require Us to use a Pseudonym when dealing with You, in lieu of providing Your Personal Information.

3.2.     You acknowledge and accept that in most instances We cannot practically provide services to a person who wishes to engage with Us, but who is not prepared to provide their Personal Information.

3.3.     You acknowledge and accept that for Us to perform or provide You with services, Your Personal Information must be provided and must be correct and up to date as to enable Us to verify Your identity and provide such services. This includes for example, providing Your address if ordering products from Our website.

3.4.     There may be circumstances where We require You to provide Your Personal Information and are unable to deal with You in a particular manner in the absence of Your Personal Information, including where:

a)        We are required or authorised by or under an Australian law, or a court/tribunal order, to deal with individuals who have identified themselves; or

b)        it is impracticable for Us to deal with individuals who have not identified themselves or who have used a Pseudonym.

 

4.       What information does Sportsman’s Warehouse collect?

 4.1.   We collect and hold Personal Information relating to a range of individuals, including: Our online customers, loyalty program members, instore customers, newsletter subscribers, franchisees, suppliers, employees, prospective employees, and other individuals.

4.2.     Personal Information We collect and hold may include Your name, address, email address, phone number, date of birth, shipping address, other contact details, gender and credit card details. From time to time, We may collect more detailed Personal Information from You to assist Us with Our program evaluations, marketing materials and staff emergencies.

4.3.     We may also collect Your opinions, comments, and other data through surveys We conduct, which are generally hosted through Customer Monitor. You can access the Customer Monitor privacy policy at https://www.customermonitor.com/privacy.

4.4.     We also collect your reviews about services and products via the YotPo platform. The information collected is hosted by YotPo and is made publicly available. You can access the YotPo privacy policy at https://www.yotpo.com/privacy-policy/

4.5.    Third party platform we use for social media feed will not track, or collect     any personal data from, people who view the feed on a web page and also will not provide data of any kind to the social networks. It merely used to pull the feed from Sportsmans Warehouse's Instagram, however when we run any promotion that involves images with a specific hashtag, then we will follow the proper Australian rights management while using third party URM tool to request user's permission.  You can access third party privacy policy here: https://www.juicer.io/privacy

5.        How is Personal Information collected?

 

5.1.     The main way We collect Personal Information about You, is when You give it to Us.

5.2.     We may collect Your Personal Information directly from You via Our website, email, online forms, phone calls or in person at one of Our stores. Examples of when We may collect Your Personal Information include when, You:

a)        sign up to Our loyalty program;

b)        subscribe to Our mailing list;

c)        enter into a franchise agreement with Us;

d)        supply Us with goods or services;

e)        apply for a job with Us or are employed by Us;

f)         contact Us for information on Our products or services;

g)        make a complaint to Us, or obtain a refund or store credit;

h)        order products from Our website;

i)          leave a site or product review;

j)          like or follow us using a social media platform; and

k)         participate in the competitions held by Sportsmans Warehouse.

5.3.      From time to time We may obtain Personal Information from third parties. When We do so, We will take reasonable steps to ensure that We make You aware of the collection of Your Personal Information in accordance with the Act.

5.4.      We will only collect Personal Information about You indirectly from third parties if it not reasonable or not practicable to collect the information directly from You, or where You have otherwise consented to the information being provided to Us through that third party. For example, You may provide one of Our franchisees with Your Personal Information for the purpose of subscribing to Our newsletter, and in such situations We will collect the information about You from the franchisee.

5.5.      Our franchisees may have their own Privacy Policy that You may request to see prior to providing Your Personal Information to the franchisee.

5.6.      We may also collect Your Personal Information from Your authorised representative, if You have one, and will assume if someone purports to be Your authorised representative that they are authorised to provide Us with Your Personal Information.

5.7.       We may also collect Personal Information from publicly available sources to enable Us to contact stakeholders who may be interested in Our products or services.

5.8.      Where We receive Personal Information about You from a third party which was not solicited, then that information will be dealt with in accordance with this Privacy Policy and the Act. Specifically, We will determine, within a reasonable period of time after receiving the information, whether We could have collected the information lawfully and fairly if We had solicited the information and only retain such information if We believe this is the case.

 6.        Quality of Personal Information

 

6.1.      We take reasonable steps to ensure that Personal Information that We collect is accurate, up to date and complete. This includes by:

a)         recording information in a consistent format;

b)         where necessary, confirming the accuracy of information We collect from a third party or a public source;

c)          promptly adding updated or new Personal Information to existing records;

d)         regularly auditing Our contact lists to ensure accuracy.

7.          Sensitive Information

 7.1.     We do not anticipate the need to collect Sensitive Information about You in providing You products and services.

7.2.       If in the future We do collect Sensitive Information we will only do so if :

a)         You consent to Our collection of the information, and the information is reasonably necessary for Us to carry out one or more of Our functions or activities; or

b)         the collection is required or authorised by or under an Australian law or a court/tribunal order; or

c)         We are otherwise permitted or authorised by the Act or at law,

            and We will disclose the type of Sensitive Information, and the purpose for collection at that time.

7.3.      Where possible, We will destroy Sensitive Information after it is no longer required by Us.

 8.        Use of Personal Information

 

8.1.       We will make You aware at the time of collection of Your Personal Information, how We intend to use that information.

8.2.       We will use Your Personal Information for the purposes advised to You at the time of collection and may also use Your Personal Information to:

a)         complete all administration for Your interactions and purchases with Us;

b)         communicate with You during Your participation in Our loyalty programs and the provision of Our services;

c)          process payments and enable deliveries;

d)         communicate with Our network of partners, customers, and supporters; and

e)         enable all other activities and functions of Ours.

8.3.       We may also make ancillary use of Your Personal Information, in addition to those matters set out above, where:

a)         You would reasonably expect Us to use or disclose the Personal Information and such ancillary use is related to the primary purpose for which it was collected; or

b)         You have consented to Our use and disclosure of Your Personal Information; or

c)          the use or disclosure is permitted or authorised by the Act, or any other Australian law or court/tribunal order.

8.4.       We do not sell Your Personal Information to third parties.

 9.         Disclosure of Personal Information

 

9.1.       We do not disclose Personal Information to other organisations unless:

a)         We believe it is reasonably necessary to conduct Our functions and activities; or

b)         You give Your consent; or  the disclosure is reasonably necessary for a secondary purpose which is related to a purpose which You have consented to;

c)          it is required or authorised by law including in emergency situations or to assist law enforcement.

9.2.      We may use or disclose Your Personal Information, that is not Sensitive Information, in order to:

a)         manage and administer the products We provide to You;

b)         enable third parties engaged by Us to provide services on Our behalf, for example deliver products You have ordered;

c)          assist You with enquiries;

d)         charge You for the products We provide and collect any amounts You may owe to Us, including any debt recovery action; and

e)         ensure that Our internal business operations are running smoothly including any reporting or legal requirements We may be required to fulfil.

9.3.      Currently, deliveries are completed for Us by Star Track Express Pty Limited trading as StarTrack (ABN 44 001 227 890) (StarTrack) utilising the Tomando platform. StarTrack and Tomando may store Your name and address. We have no control over how StarTrack or Tomando handles the information it receives from Us. You can access the StarTrack privacy policy at https://startrack.com.au/legal/privacy-policy, and the Tomando privacy policy at http://temando.com.au/privacy-policy.

9.4.      Currently, Our online payments are processed through eWay, PayPal, Afterpay and  zipPay, We also accept digital wallet payments such as  Apple Pay and Android Pay, We do not store any payment information relating to payment gateways which You have independently established. We recommend You consider the privacy  and data retention policies of the payment service providers. Copies of each of their privacy policies are available on the respective provider’s website, or by contacting the provider directly. The links to the providers’ privacy policies are provided above for convenience.

9.5.      Your Personal Information may be disclosed between Our different stores to enable Us to obtain a product You have ordered.

9.6.      We may disclose Your Personal Information to third parties who are contracted by Us to carry out advisory, administrative, information technology, and research functions for Us or Our related bodies corporate. Where We do so, We will endeavour to ensure those third parties comply with the Privacy Act and Australian Privacy Principles.

9.7.      We do not currently disclose any Personal Information to overseas parties, except:

a)          when utilising the Net Promoter platform for conducting customer surveys, Our Net Promoter platform provider, Custom Monitor, is located in New Zealand, who We reasonably believe to be subject to a law that has the effect of protecting the Personal Information in a substantially similar way to the Australian Privacy Principles; and

b)          by the use of secured cloud services from time to time, the locations of which are not reasonably available.

9.8.       If We anticipate disclosing Personal Information to other overseas parties, We will take such steps as are reasonable to ensure that any overseas recipient agrees not to breach the Australian Privacy Principles in relation to the Personal Information and otherwise comply with Australian Privacy Principle 8.

 10.       Security and storage of Personal Information

 

10.1.    We take reasonable steps to protect the Personal Information We hold from misuse, interference and loss and unauthorised access, modification, or disclosure.

10.2.     Information may be stored in hard copy or electronic format in facilities that We own and operate, or that are owned and operated by Our service providers.

10.3.     If We engage service providers or third parties to perform services for Us, We will endeavour to require them to comply with Our Privacy Policy.

10.4.    Our employees, contractors and third party service providers are required to ensure that Personal Information they are privy to is not divulged, except under appropriate circumstances.  They are required to ensure that any such information available to them is protected from theft, damage, loss, unauthorised access and any other form of abuse or improper use.

10.5.     Improper use or suspected improper use of Personal Information will result in appropriate disciplinary action being taken.

10.6.    Our electronic database is secured by a firewall and anti-virus software to ensure, so far as practicable, that it is not accessed by unauthorised parties. Our website has security measures designed to protect against loss, misuse, or alteration to Your Personal Information under Our control.

10.7.    We conduct random  internal and external audits to assess the suitability of Our security measures.

10.8.     Physical access points to Our server are protected by locks, alarms, and surveillance cameras.

10.9.     All unencrypted information exchanged via the internet may be accessed and used by people other than those for whom it is intended. If You send Us any Personal Information by email it is sent at Your own risk.

10.10.   Once We no longer have a need for Your Personal Information then We will destroy the information when it is reasonable practicable to do so.

10.11.    If You wish to have Your Personal Information removed from Our database, We will take reasonable steps to comply with Your request unless We need to keep Your information for legal, auditing or internal risk management reasons.

 11.       Marketing

 

11.1.     Where We have collected Your Personal Information directly from You, We will only use or disclose Your Personal Information for the purposes of Direct Marketing if:

a)         You would reasonably expect that Your Personal Information would be used for the purposes of Direct Marketing; and

b)         You have not advised Us that You do not want Your Personal Information to be used for the purposes of Direct Marketing.

11.2.     We may collect Personal Information from someone other than You for the purpose of Direct Marketing (for example, Our franchisees), where:

a)         You have consented to the disclosure of Your Personal Information for that purpose; and

b)         You have not advised Us that You do not want Your Personal Information to be used for the purposes of Direct Marketing.

11.3.      In any Direct Marketing, We will provide a simple means by which You may easily request not to receive Our direct marketing communications.

11.4.      This clause 11 is subject to the operation of other Direct Marketing legislation including the Do Not Call Register Act 2006 (Cth) and the Spam Act 2003 (Cth).

11.5.      Where We use or disclose Your personal information for the purposes of Direct Marketing, this is generally conducted through the Oracle Bronto platform. You can access the Oracle Bronto privacy statement at http://www.netsuite.com/portal/privacy.shtml.

11.6.      We will not disclose any Sensitive Information about You, unless You have provided express consent for Us to do so.

 12.       Access to Personal Information

 

12.1.     Under the Australian Privacy Principles, You have a right to access Your Personal Information held by Us, unless a permitted exception exists.

12.2.     We will request that You verify Your identity, before We provide You with access to Your Personal Information.

12.3.     We may refuse to provide You with access to Your Personal Information, or to provide access in the manner You have requested, if:

a)         We reasonably believe doing so would pose a serious threat to the life, health or safety of any individual, or to public health or safety;

b)         giving access would have an unreasonable impact on the privacy of other individuals;

c)          the request is frivolous or vexatious;

d)         the information relates to existing or anticipated legal proceedings between Us and You, and would not be accessible by the process of discover in those proceedings;

e)         giving access would reveal the intentions of Us in relation to negotiations with You in such a way as to prejudice those negotiations;

f)          giving access would be unlawful;

g)         denying access is required or authorised by or under an Australian law or court/tribunal order;

h)         both of the following apply:

i)          We have reason to suspect that unlawful activity, or misconduct of a serious nature, that relates to Our functions or activities has been, is being or may be engaged in; and

ii)         giving access would be likely to prejudice the taking of appropriate action in relation to the matter;

i)          giving access would be likely to prejudice one or more enforcement related activities conducted by, or on behalf of, an enforcement body;

j)          giving access would reveal evaluative information generated within Our company in connection with a commercially sensitive decision-making process; or

k)         We are otherwise permitted or authorised to refuse at law.

12.4.    If We refuse to provide You access to Your Personal Information, We will provide You with written notice that sets out Our reasons (other than to the extent it would be unreasonable to do so) and inform You of the mechanisms available to complain about the refusal.

12.5.    If You would like to access the Personal Information that We hold, please make a request directly to Us using the contact details provided in this Privacy Policy. We will provide You with access to Your Personal Information within a reasonable period after the request, unless exempted by the Act.

12.6.    We may charge a reasonable fee for providing You with access to Your Personal Information, which will be confirmed at the relevant time.

 13.       Correction

 

13.1.    We take reasonable steps to ensure that the Personal Information We collect, hold, use and disclose is complete, accurate and relevant. 

13.2.    We will correct or update Your Personal Information if You request that We do so, or if We are otherwise satisfied that the information We hold is inaccurate, out of date, incomplete, irrelevant, or misleading.

13.3.    If We correct Your Personal Information after We have disclosed the information to a third party who is also subject to the Act, We will only inform that third party of the corrected details at Your request. 

13.4.    If We refuse to correct Your Personal Information:

a)         We will provide You with written notice that sets out Our reasons (other than to the extent it would be unreasonable to do so) and inform You of the mechanisms available to complain about the refusal; and

b)         if You request Us to do so, We will associate with Your Personal Information a statement that You believe the information is incorrect and the reason why.

13.5.    If You have created a Member Account through Our webpage You  can readily access and correct some Personal Information, including newsletter subscription preferences, by visiting the “My Account” page.

 14.      Website

 

14.1.    We may collect Personal Information through Our website, including when You place an order, subscribe to Our newsletter list, or set up an account.

14.2.    We may also collect the following information via Our website, either Ourselves or through Google Analytics (which is hosted by a third party):

a)         Your computer or device’s IP address (collected and stored in an anonymised format);

b)         device screen size;

c)          device type, operating system and browser information;

d)         geographic location (country only);

e)         referring domain and out link if applicable;

f)          search terms and pages visited;

g)         date and time when website pages were accessed; and

h)         gender and age range.

14.3.    Our website may also transfer cookies on computers and devices that access Our website for record-keeping purposes. You may be able to change Your browser preferences to reject all cookies before accessing Our website.

 15.       Links to other websites

 

15.1.    Our website may contain links or references to other websites or organisations. We are not responsible for the privacy practices or content of the linked web sites and other pages hosted by Us on behalf of non-Sportsman’s Warehouse organisations.

 16.      Social Media and networking

 

16.1.    We use social media networks, including Facebook, Twitter, Instagram, Pinterest, and YouTube to communicate with the public. When You communicate with Our social media platforms, We may collect Your Personal Information, for the purpose of using it to communication with You and the public. The social media webpages may also collect, use and holds Your Personal Information, for its own purpose. We recommend You consider the Privacy Policies of these social media websites prior to using the same.

16.2.    These social media websites may store Your Personal Information overseas.

 17.      Complaints

 

17.1.   Any issues or complaints in relation to the collection, use, disclosure, quality, security of, access to and correction of Your Personal Information should be made to Us directly, via the contact details in this Privacy Policy. Any complaints will be dealt with:

a)       by the Sportsmans Warehouse Privacy Officer in the first instance;

b)       in consultation with the Sportsmans Warehouse Operations Manager;

c)       in writing, which We will keep a record of; and

d)       in accordance with the principles of procedural fairness.

17.2.  Complaints should include:

a)      sufficient detail for Us to identify the Personal Information and circumstances about which You are complaining; and

b)       Your preferred method of communication and contacts details; and

c)       the outcome that you are seeking.

17.3.   Personal Information collected in the course of You making a complaint, or Us addressing a complaint, will be dealt with in accordance with this Privacy Policy.

17.4.  We will respond to You within 30 days  to resolve Your complaint. If We are unable to resolve Your complaint or You are unhappy with the outcome, You may be able to lodge a complaint with the relevant regulator, such as the Office of Australian Information Commissioner via its enquiries line on 1300 363 992, or via its website at http://www.oaic.gov.au.

 18.     Contact Details

 

If You would like to request access to or amend Your Personal Information, would like to make a complaint regarding Our conduct in relation to Your Personal Information, or have any general enquiries in relation to Your Personal Information, please contact Us via the following details:

 

The Privacy Officer

Sportsman’s Warehouse

PO Box 244 Fyshwick ACT 2609

Phone: 02 6211 3805

E-mail: privacy@sw.com.au

Web:       https://www.sw.com.au/contactus

 

 19.       Definitions

 

In this Privacy Policy the following words have the following meaning:

 

a)         “Act” means the Privacy Act 1988 (Cth);

b)         “Australian Privacy Principles” means the privacy principles set out in Schedule 1 of the Act;

c)          “Direct Marketing” means the use or disclosure of Personal Information for the purposes of communicating directly with an individual to promote goods or services;

d)         “Personal Information” has the same meaning as in the Act;

e)         “Privacy Policy” means this document;

f)          “Pseudonym” means a name, term or descriptor that is different to an individual’s actual name;

g)         “Sensitive Information” has the same meaning as in the Act;

h)         “Us” means Sportsmans Warehouse Pty Limited (ACN 008 586 785) and “Our”, “Ourselves”, “We” has a corresponding meaning; and

i)           “You” means a person to whom this Privacy Policy applies and “Your”, “Yourself” has a corresponding meaning.

 

 

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Should you have any queries, please contact support@sw.com.au