At Lack of Color it is important to us that we manage your personal information securely and consistently with relevant legislation, including the Privacy Act 1988 (Cth) (‘Privacy Act’) as well as the Credit Reporting Privacy Code (where applicable). This Policy outlines how BLACK MONTANA PTY LTD ACN 166 972 587 trading as Lack of Color and related companies (“we / us”) collect, disclose, use, store or otherwise handle personal information. This Policy explains:
- The kinds of personal information (including credit-related information) we collect, and the purposes for which we do that;
- How we manage the personal information that we collect about you;
- you can seek access to and correction of that information;
- If necessary, how you can make a complaint relating to our handling of that information.
This Policy is not limited to current customers but to all individuals who deal with us.
1. Lack of Color is an Australian registered company selling products, mainly hats and accessories. Our products are available online to individuals, retail and wholesale customers.
1. We sell hats and other accessories online to Australian and international customers. We also enter into wholesale arrangements across the world.
2. Examples of our current services where we might collect personal or sensitive information include: (a) Through accessing and using out website; (b) Creating an account with us online; (c) Processing your order and request/s for products and/or services; (d) Considering your eligibility for our products and/or services; (e) If you enter into any one of our contests; (f) If you connect with us via a social network, this includes but not limited to the following: (i) Facebook; (ii) Instagram; and (iii) Pinterest; (g) When you complete a customer survey or send us feedback; (h) During conversations between you and our representatives; (i) Administering your account including requests and the provision of products and/or services; (j) Providing reports on your product and/or services activities as requested by you; (k) Delivering products and/or services to you via the post where our employees and/or a Service Provider will need to know at a minimum your name and address in order to deliver the services and products; and (l) Letting you know of special offers or discounts from us or our partner organisations that are available to you.
2. We only use your personal and sensitive information for purposes which are directly related to the reason you provided us with your information in the first place and where you would reasonably expect us to use your information. This may include sharing your personal or sensitive information with Service Providers. 3.3 We may share your information with government or regulatory bodies (such as the Australian Tax Office and ASIC) as required or authorised by law. These agencies may also share this information with organisations or agencies outside Australia.
1. Whenever possible, we will collect personal information directly from you unless unreasonable or impractical for us to do so. Lack of Color may also collect personal information in a variety of ways, including but not limited to when you: (a) use our website; (b) connect with us via social network; (c) phone us; (d) write to us; (e) email us; (f) visit us in person ; (g) through the use of our services; (h) provide feedback to us; and (i) purchase or use our products and/or services.
2. There are certain instances in which we will collect information about you from third parties where it is unreasonable or impracticable to collect it directly from you. For example, we may collect information about you from a business which provides information about commercial credit worthiness for the purpose of assessing your application.
1. Disclosure of personal information to third parties We will not disclose your personal information to another person unless you have given consent or if one of the exceptions under the Privacy Act applies. Where possible, the information that could reasonably identify you as an individual is first removed.
2. Exceptions Except as set out above, Lack of Color will not disclose your information to a third party unless one or more of the following applies: (a) you have given your consent for us to do so; (b) you would reasonably expect us to use or give that information for another purpose related to the purpose for which it was collected (or in the case of sensitive information – directly related to the purpose for which it was collected); (c) it is otherwise required or authorised by law; (d) it will prevent or lessen a serious threat to somebody’s life, health or safety or to public health or safety (e) it is reasonably necessary for us to take appropriate action in relation to suspected unlawful activity, or misconduct of a serious nature that relates to our functions or activities; (f) it is reasonably necessary for the enforcement of a law conducted by an enforcement body.
1. We may disclose personal information to overseas based organisations or agencies in the provision and/or administration of your account. We undertake to protect your personal information by ensuring the country of the overseas based organisation or agency has similar protections in relation to privacy, or that we enter into contractual arrangements with the organisation or agency to ensure the protection of your privacy.
1. It is your choice to provide information to us. Wherever it is lawful and practicable, you have the option not to identify yourself or to use a fictional name when interacting with us. You can remain anonymous when using some parts of our website, or sites administered by us.
2. It may be necessary for us to collect your personal or sensitive information if you would like certain products or services. If you choose to withhold the information we require, we may not be able to provide you the products or services you have requested.
1. We store your information in a number of ways including physically (such as in paper form) or electronically with third party data storage providers. Your privacy and the security of your information is very important to us so where we store your information with third party providers, we will enter into contractual arrangements with those providers to ensure they take appropriate measures to protect your information.
3. Our website may contain links to external websites. We recommend that you review the privacy policies of those external websites as we are not responsible for their privacy practices.
1. We will take reasonable steps to ensure that all personal information we collect, use or disclose is accurate, up-to-date, complete, relevant, and not misleading.
2. We will correct any personal information that we believe to be incorrect, out-of-date, incomplete, irrelevant or misleading. This may include taking reasonable steps to notify any organisation or government agency to which information was disclosed about the correction. You may request to access or correct your personal information at any time by contacting the Privacy Officer using the contact details below. We will give you access to your information unless one of the exceptions under the Privacy Act applies. For example, if providing access would be unlawful or denying access is authorised by law.
3. If you request to access or correct your information, we will respond within a reasonable time (usually within 30 days). If your request is refused, we will give you a written notice that sets out the reasons for refusal and how to complain about the decision.
1. From time to time, we may send out promotional materials and information from government departments or other third parties.
2. If you do not wish to receive these communications, please contact us to unsubscribe from that mailing list.
3. Your information may also be used by us to provide you with details of other organisation’s services where permitted by the Privacy Act or where you have consented to the use or disclosure of your personal information for direct communications and promotional materials.
4. It is our policy that any direct communications or promotional material will include a statement advising that you can request to not receive further material from us by contacting us using the details provided. Please note that if you choose this option this will also prevent you receiving offers of discounts and notices of upcoming sales as well as all promotional and informational materials.
5. By providing your phone number, you consent to receiving marketing text messages (such as promotion codes and cart reminders) from Lack of Color to the number provided, including messages sent by autodialer. Consent is not a condition of any purchase. Message and data rates may apply. Message frequency varies.
1. The Lack of Color website and sites administered by us use software known as ‘cookies’ to record your visit to the website and collect some statistical information. We use this information to help administer and improve our websites. We do not use this information to personally identify you. Information we may collect includes: (a) your computer’s IP address; (b) your domain name; (c) the date and time or access to the website; (d) pages accessed and documents downloaded; (e) the previous site visited; (f) if you have visited the website before; and (g) the type of browser software in use.
2. You may set your browser to disable cookies when visiting our websites. However, some website functions may be unavailable if you choose to do so.
We are governed by the Australian Privacy Principles (‘APPs’) under the Privacy Act 1988 (‘the Privacy Act’). In our interactions with you, we also comply with Credit Reporting Privacy Code requirements. These set out the way organisations and government agencies can collect and use, disclose and provide access to personal and sensitive information. (a)Personal informationis information that identifies or could identify a person, whether it is true or not. It may include, for example, your name, age, gender, contact details, bank account details and financial information. b)Sensitive informationas defined by the Privacy Act (as amended) is also personal information but relates to your opinions, views, racial or ethnic origin, political options or affiliations, religious beliefs, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual preferences or practices or criminal record or health, genetic, biometric information or biometric templates. (c)Credit Informationas defined in the Privacy Act is personal information about an individual (other than sensitive information) relating primarily to your credit-related dealings which can be disclosed to Credit Reporting Bodies (‘CRBs’) that report on consumer credit worthiness and includes: i. identification information about the individual; or ii. consumer credit liability information about the individual; or iii. repayment history information about the individual; or iv. a statement that an information request has been made in relation to the individual by a credit provider, mortgage insurer or trade insurer; or v. the type of consumer credit or commercial credit, and the amount of credit, sought in an application: a. that has been made by the individual to a credit provider; and b. in connection with which the provider has made an information request in relation to the individual; or vi. default information about the individual; or vii. payment information about the individual; or viii. new arrangement information about the individual; or ix. court proceedings information about the individual; or x. personal insolvency information about the individual; or xi. publicly available information about the individual: a. that relates to the individual’s activities in Australia or the external Territories and the individual’s credit worthiness; and b. that is not court proceedings information about the individual or information about the individual that is entered or recorded on the National Personal Insolvency Index; or xii. the opinion of a credit provider that the individual has committed, in circumstances specified by the provider, a serious credit infringement in relation to consumer credit provided by the provider to the individual. (d)Credit EligibilityInformation provided to us by CRBs, so it may also include information about your credit related dealings with other credit providers. CEI also includes any credit worthiness information that we derive from the data from a credit reporting body, for example credit ratings, scores and evaluations about you and your credit worthiness.
2. f you consider your privacy concerns have not been resolved satisfactorily by us, or you wish to obtain more information on privacy requirements, you can contact The Office of the Australian Information Commissioner on 1300 363 992 or visit their website at www.oaic.gov.au.