Privacy Policy

Privacy Policy

Thank you for visiting our Privacy Policy (“Policy”). This document is the Policy of Ug Manufacturing Co Pty Ltd and its Australian subsidiaries (together the “Company,” “we,” or “us”). This Privacy Policy also applies to our Australian websites and any related mobile applications that refer or link to this Policy, as well as to any personal information collected through computerized devices in stores and in-store data collection forms, and through any location where the Policy is posted (collectively referred to herein as the “Sites”). This Policy also explains the choices you have about the way this information is collected and used.

 

We respect your rights to privacy under the Privacy Act 1988 (Cth) (“Privacy Act”) and we comply with all of the Privacy Act’s requirements in respect of the collection, management and disclosure of your personal information.

 

Your use of the Sites is also expressly subject to our Terms of Use. This Privacy Policy is incorporated by this reference into the Terms of Use, available here: TERMS OF USE .

 

We encourage you to periodically review this Privacy Policy to keep up to date on how we are handling your personal information.

 

What is personal information?

When used in this Policy, the term “personal information” has the meaning given to it in the Privacy Act. In general terms, personal information is any information that can be used to personally identify you. This may include your name, address, telephone number, email address and other postal or shipping details (amongst other things). If the information that we collect identifies you, or you can be reasonably identified from it, the information will be regarded as personal information.

 

CONSENT:

PLEASE READ THIS PRIVACY POLICY CAREFULLY BECAUSE BY ACCESSING THE SITES AND/OR CREATING AN ACCOUNT WITH US OR ALLOWING SOMEONE TO USE THE SITES ON YOUR BEHALF, YOU ARE CONSENTING TO THE COLLECTION, USE, DISCLOSURE, TRANSFER AND STORAGE OF PERSONAL INFORMATION OR OTHER INFORMATION RECEIVED BY US AS A RESULT OF SUCH USE IN ACCORDANCE WITH THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY, PLEASE DO NOT USE THE SITES.

 

What Information Is Collected?

When you use our Sites, we collect your personal information. The types of personal information we collect from you depends on the Sites and the features you use on the Sites. The personal information that we may collect about you includes:

• Purchase Information: We may collect your name, billing address, shipping address, email address, telephone number, credit card number and expiration date when you make a purchase. This information is used to provide the products and services that you have ordered or requested, to process and ship orders, to send order and shipping confirmations (or other transactional information) and/or to provide customer service.
• Information Collected In-Store: We may collect your name, email address, mailing address, post code, and preferences if you complete a form within one of our stores. This information will be used to provide you with products that may be of interest to you and to provide you with information that you request.
• Account Information: We may collect your name, email address, mailing address, post code, date of birth, and gender if you create an account with us. This information will be used to help you keep track of your orders, to keep you updated about special offers, updates related to the Sites, and to facilitate checkout during purchases.
• Information for Commercial Communications: We may collect your name, email address, mailing address, gender, and date of birth if you sign up to receive promotional emails from us. This information may be used to contact you about sales, special offers and new features available through the Sites.
• Information Relating to Inquiries: We may collect your name and email address if you contact us with a question or request a Live Chat with us. This information may be used so that we can respond to your question or contact you should we disconnect from our Live Chat.
• Information for Promotions: We may collect your name, email address, and other contact information if you participate in a promotion (eg, contest, sweepstakes) that we sponsor. This information will be used to fulfill the terms of the promotion and to contact you regarding promotional and special offers, sales, and new features available through the Sites. It will also be subject to the terms accompanying such promotion.
• Survey Information: We may collect your name, age, post code, shopping habits, email address and/or mailing address if you choose to participate in one of our on-line surveys. This information will be used to help provide us with relevant information about our consumers.

The above section provides examples of the personal information that we may collect through the Sites and the manners in which we may use such personal information. If you do not want us to collect your personal information, please do not provide it to us.

 

How We Collect Personal Information

 

Passive Collection

 

We may collect information passively while you are visiting or interacting with the Sites. We call this “passive” collection since you may not know that this information is being collected when you visit or interact with the Sites. This information may consist of the following items: website visitors' IP address, IP address-related information, system Media Access Control address, network configuration information, network device information, browser plug-in type and versions, and operating system.

 

• Cookies and Other Session Identifiers: Like many websites, we utilize a technology called “cookies”. A cookie is a piece of information that is placed on your browser when you access the Sites. In many cases, the information collected using cookies (and related technologies) are used in non-identifiable ways, without any reference to personal information. For example, we use information we collect about users of the Sites to optimize our Sites and to understand traffic and usage patterns. In other cases, we associate the information we collect using cookies and related technologies with personal information. In that case, this Privacy Policy governs how we use that information. Additionally, if the settings on your location-aware device allow us to receive geo-location data or information, we may collect that information automatically.

Cookies help provide additional functionality to the Sites and help us to more accurately analyze the usage of the Sites. For instance, the Sites may set a cookie on your browser that allows you to access the Sites during future visits. We use cookies to monitor and maintain information about your use of the Sites. Cookies are also used to track the identity of the website you visited immediately prior to visiting the Sites; Other than that, we do not track information about your use from other websites. Cookies also allow us to hold selections in a shopping cart when a user leaves the Sites without checking out. Cookies are not used on the Sites to store your account information as this information is stored securely on a server. When you log in at the Sites with your username and password, we will assign you a secure session id. The server then passes your information to you through this secure session id. Cookies may be session cookies (ie, last only for one browser session) or persistent cookies (ie, continue in your browser until they are deleted or expire). Some of the cookies we use may be flash cookies or Adobe cookies. While they are harmless, they may contain demographic information and depending on your browser these cookies may not normally be deleted when your cookies are deleted. Please check your browser to determine where these types of cookies are stored and how they may be deleted.

Google Analytics — To help facilitate the delivery of relevant content, we use Google Analytics and have implemented all Google Advertising Features, including Remarketing, Impression Reporting, Demographics, and Interest Reporting. Google Analytics uses cookies to report on user interactions on our websites. We use the data collected for optimizing marketing, refining advertising, and generally making advertising more effective. Google provides a complete privacy policy and instructions on opting out of Google Analytics here: http://www.google.com/intl/en/analytics/privacyoverview.html. Adobe Analytics – We also use Adobe Analytics. For further information on Adobe Analytics and to opt out, please click here: http://www.adobe.com/privacy/opt-out.html.

While we recommend that you leave cookies turned on as they allow you to take advantage of some of the features of the Sites, you have the ability to control the use and moderation of our cookies. However, if you elect not to allow cookies to be placed as described above, you may not be able to use or to enjoy all of the services and features of the Sites. Specifically, you can configure the settings (i) to receive notifications when you are receiving new cookies, (ii) to disable cookies or (iii) to delete cookies. Please refer to your Web browser's help section for information on how to do this.

• Other Websites, Including Mobile Applications and Social Media Platforms: If you use a social media platform or your mobile device (or other method of communication) to interact with the Sites, that platform or application may have a specific privacy policy that governs the use of personal information related to it. For example, if you use a mobile application and your mobile device's settings allow it, we may collect mobile location information from your device. Our application may be designed to collect information even if you are not logged into the application or the Sites. If you have questions about the security and privacy settings of your mobile device, please refer to instructions from your mobile service provider or the manufacturer of your device to learn how to adjust your settings. We do not control the data collection or privacy practices of the application stores from which you download our mobile application, or from any third-party platform through which you access our Sites or contact us. You should review the privacy policy and terms of use of any third-party site or mobile application store before using or downloading any app and review and use available controls and settings on your device to reflect your preferences.

Like many online sites or services, our mobile application automatically collects certain information such as your IP address, geolocation, device information (eg, the unique identifier of your mobile device, hardware model, operating system version, mobile network information), and the URL From which you access our application. You are not required to affirmatively submit any personal information to us in connection with the general use of our application, unless you make a purchase through the application, in which case you must create an account. Any personal information you provide or that is collected via our application is subject to this Privacy Policy.

 

Direct Collection

 

We also collect information from you directly at the time that you supply information to us via the Sites. For instance, if you contact us to subscribe to our membership and other products or services, ask questions, or provide us feedback about the Sites or any of our products or services, we may store your communications, including any personal information you include in them, so we can effectively respond to you. If you do not want us to directly collect your personal information, please do not provide it to us.

 

Other sources

 

We may also obtain, collect and aggregate information (including personal information) provided to us by our marketing service providers and other vendors. That information may include information on current subscribers or customers and is used for a number of things including enabling us to send you the most relevant, timely and exciting offers and announcements specifically tailored to you and your interests. Of course, you can update your information or change your preferences regarding receiving announcements and other information from us at any time by accessing your account via the Sites. (For more information, see the section below entitled How Can I Access, Correct and Update My Personal Information?)

reCAPTCHA

We use reCAPTCHA on our websites. reCAPTCHA is an advanced risk analysis service from Google that makes it possible to differentiate between a human user and a robot in order to prevent malicious software from engaging in abusive activities on our websites. reCAPTCHA operates by collecting data on your hardware and software. This data is shared with Google for analysis. The data used by reCAPTCHA is also subject to the Google Privacy Policy and to the Terms of Use. 

 

How Do We Use the Information Collected?

We may use personal information as necessary and to fulfill your requests, including in the following ways:

 

• Access and Use: If you provide personal information in order to obtain access to or use of the Sites or any functionality thereof, we will use your personal information to provide you with access to or use of the Sites or functionality and to monitor your use of the Sites or specific functionalities.
• Internal Business Purposes: We may use your personal information for internal business purposes including, without limitation, to help us improve the content and functionality of the Sites, to better understand our users, to improve the Sites, to protect against, identify or address Fraudulent activities, to manage your account and to provide you with customer service and to generally manage the Sites and our business. We may also use your personal information to process and respond to any complaint made by you and to comply with any law, rule, regulation, lawful and binding determination, decision or direction of a regulator, or in co-operation with any governmental authority.
• Marketing and loyalty program: We may use your personal information to contact you for certain marketing and advertising purposes, including, without limitation, to inform you about offers, contests or surveys which may be of interest to you and to display content and advertising on or off the Sites which may be of relevance to you. These communications may be sent in various forms, including mail, text message and email, in accordance with applicable marketing laws, such as the Spam Act 2003 (Cth). If you indicate a preference for a method of communication, we will endeavor to use that method whenever practical to do so. In addition, at any time you may opt-out of receiving marketing communications from us by contacting us (using the details in the 'Contacting us' section below) or by using opt-out facilities provided in the marketing communications. We will then ensure that your name is removed from our marketing distribution lists. We also use your personal information to administer our loyalty program, the Boardriders Club, if you choose to join this program in any of our stores or through our Sites.
• Specific Reason: If you provide personal information for a certain reason, we may use the personal information in connection with the reason for which it was provided. For instance, if you contact us by email, we will use the personal information you provide to answer your question or to attempt to resolve your issue and will respond to the email address from which the contact came.
• Aggregated Information: In an ongoing effort to better understand and to serve the users of our Sites, we (either directly or working in concert with our marketing services providers) may conduct research on our customer demographics, interests and behavior based on personal information and other information that has been provided or received by us. For example, we may combine information about visitors to the Sites to determine how best to target our marketing and the products that we offer in certain areas of the country. This research may be compiled and analyzed on an aggregate basis and this aggregate information does not identify you personally and is not classified or treated as personal information under this Privacy Policy.

 

Do We Disclose Your Information?

 

We may disclose your personal information to third parties in connection with the uses set out above. In particular, we may disclose your personal information to third parties in the following circumstances:

 

• Order Fulfillment and Fraud Protection: If you choose to make a purchase on the Sites, we may collect from you your credit card number, billing address and other information related to such purchase, and we may use such collected information in order to fulfill your purchase. We may also provide such information, or other personal information provided by you, to unaffiliated third parties as necessary to complete your purchase (for example, to our payment processor to allow us to process payment for our products that you make with your credit card) . In addition, we may share your personal information with fraud protection services to assist us in preventing fraud and protecting our customers from credit card fraud.
• Business Transfers: As with any business, it is possible that as our business develops, we might sell, assign, buy, transfer or otherwise acquire or dispose of certain businesses or corporate assets. In the event of such or similar event, personal information may be part of the transferred assets. In the event that all or part of our assets are sold or acquired by another party, or in the event of a merger, you grant us the right to assign your personal information collected via the Sites, and you acknowledge and agree that any successor to or acquirer of us and/or our eCommerce service provider will continue to have the right to use your personal information and other information in accordance with the terms of this Privacy Policy.
• Subsidiaries and related corporate bodies: We may also share your personal information with our subsidiaries, parent companies and/or our other related corporate bodies (as that term is defined in the Corporations Act 2001 (Cth)) consistent with this Privacy Policy. Our subsidiaries, parent companies and related corporate bodies will treat and maintain any personal information in accordance with this Privacy Policy.
• Agents, Consultants and Related Third Parties: As noted above with respect to our eCommerce service provider, we, like many businesses, sometimes engage other companies to perform certain business-related functions on our behalf so that we can focus on our core business. Examples of these services include, but are not limited to, payment processing and authorization, fraud protection and credit risk reduction, product customization, order fulfillment and shipping, marketing and promotional material distribution, website evaluation, data analysis and, where applicable, data cleansing. In connection with services those partners provide for us, we may provide or otherwise give them access to certain personal information. We employ a vetting process to assess our partners' data protection practices.
• Third-Party Marketers, Partners, and other Third Parties: We may also share your personal information with other marketers, partners, and other third parties, whose products or services we feel may be of interest to you. These third-party marketers, partners, and other third parties may use your personal information for their own purposes, or further disclose your information to other third parties. If you prefer, we do not share your personal information with these types of parties, please email us.
• Legal Requirements: We may disclose your personal information if required to do so by law (including, without limitation responding to a subpoena or request from law enforcement, court or government agency) or in the good faith belief that such action is necessary (i ) to comply with a legal obligation, (ii) to protect or defend our rights, interests or property or that of other customers or users, (iii) to act in urgent circumstances to protect the personal safety of users of the Sites or the public or (iv) to protect against legal liability or potential fraud, as determined in our sole discretion.
• Other uses: We may also use and share your personal information for other legitimate business reasons not specified herein. We will periodically update this Privacy Policy to inform you of any changes to our data use and sharing practices.

Do we hold or disclose your personal information to anyone outside Australia?

 

We may disclose personal information to our subsidiaries, parent companies and related corporate bodies and third party suppliers and service providers located overseas for some of the purposes listed above. We take reasonable steps to ensure that the overseas recipients of your personal information do not breach applicable privacy obligations relating to your personal information.

We may disclose your personal information to entities located outside of Australia, including the following:

• our subsidiaries, parent companies and related corporate bodies, located in the United States of America and France; and
• other third parties located in the United States of America and France

 

How Can I Access, Correct and Update My Personal Information?

 

You can access, correct and/or update certain personal information that you have provided to us by clicking on “Update Account” within the “My Account” area of ​​the Sites.

You may request access to any personal information we hold about you at any time by contacting us (using the details in the 'Contacting us' section below). Where we hold information that you are entitled to access, we will try to provide you with suitable means of accessing it (for example, by posting or emailing a copy to you). We may charge you a reasonable fee to cover our administrative and other reasonable costs in providing the information to you. We will not charge you a fee for simply making an access request.

There may be instances where we cannot grant you access to the personal information that we hold about you. For example, we may need to refuse access if granting access would interfere with the privacy of others or if it would result in a breach of confidentiality. If that happens, we will give you written reasons for any refusal and set out any mechanisms available for you to complain about our refusal of your request.

If you believe that the personal information we hold about you is incorrect, incomplete or inaccurate, then you may request that we correct it. We will consider if the information requires correction. If we do not agree that there are grounds for correcting your personal information, then (if you so request) we will add a note to the personal information stating that you disagree with it. We will not charge you for making a request that your personal information be corrected, for correcting your personal information or adding a note to the personal information stating that you disagree with it.

 

What is the process for complaining about a breach of privacy?

 

If you believe that we have breached your privacy, please contact us using the contact information below and provide details of the incident so that we can investigate it. We will treat your complaint confidentially, investigate your complaint and aim to ensure that we contact you and your complaint is resolved within a reasonable time (and in any event within the time required by the Privacy Act, if applicable).

If our response to your complaint does not address your concerns for your satisfaction, you have the right to make a complaint to the Office of the Australian Information Commissioner.

The contact details for the Office of the Australian Information Commissioner are:

Phone: 1300 363 992

 

TTY: Call 133 677 then ask for 1300 363 992

 

Email: enquiries@oaic.gov.au

 

Fax: +61 2 9284 9666

 

Post: GPO Box 5218

 

Sydney NSW 2001

 

What Steps Are Taken To Keep My Information Secure?

 

We take commercially reasonable measures to ensure the security and confidentiality of your personal information and to ensure that the personal information which we hold is protected from misuse and loss and from unauthorized access, modification or disclosure. We have implemented information security measures that contain administrative, technical and physical controls that are designed to reasonably safeguard your personal information. Even though we have taken and will continue to take significant steps to protect this information, no company, including us, can fully eliminate all security risks associated with personal information. Please understand that no data transmission over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us. You acknowledge and understand that any information that you transfer to us is done at your own risk. If we learn of a data security systems breach we may attempt to notify you electronically so that you can take appropriate protective steps. By using the Sites or providing personal information to us, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Sites. In the event of a security breach, we will (to the extent required by law) report the breach to the Privacy Commissioner and notify affected people (via the email address provided) as soon as we become aware of the breach and may (in our discretion) post a notice via the Sites. If you have reason to believe that your personal information that we have collected or our security system has been breached, please notify us by e-mailing privacy@quiksilver.com.au.

We use various security measures, including encryption technology, to protect information collected, transferred and retained. If you elect to set up an account on the Sites, you will be asked to provide an email address and password. You must provide a valid email address and password in order to create and maintain an account, as well as to access account information. We recommend you select a complex password. In order to help protect your personal information, you should not provide your password to others and you should change it periodically. If you wish to update a password, or if you become aware of any loss, theft or unauthorized use of a password, please contact us at privacy@quiksilver.com.au.

Please be aware that we may store personal information or such information may be included in databases owned and maintained by our related corporate bodies, agents or third-party service providers. We take all commercially reasonable steps to protect the security and confidentiality of all personal information provided via the Sites from loss, misuse, unauthorized access, inadvertent disclosure, alteration and/or destruction. However, no Internet or email transmission is ever fully secure or error free. In particular, email sent to or from the Sites may not always be secure. Please keep this in mind when disclosing any personal information via the Internet or by email.

We may hold your information in either electronic or hard copy form. Personal information is destroyed or de-identified when no longer needed or when we are no longer required by law to retain it (whichever is the later).

 

What Choices Do I Have Regarding My Personal Information?

 

You have several choices available when it comes to your personal information. We will honor the choices you make regarding your personal information. If you have created and maintained a user account on the Sites, you will be able to sign in and update your account (including contact) information. You may also write to us at the address provided herein and update your contact information or to change your subscription preferences. In addition, you may:

 

Limit the Personal Information You Provide: You can use the Sites and limit the personal information you provide either by disabling cookies or by not registering an account with us. If you choose to limit the personal information you provide and/or to disable cookies, you may not be able to use certain functionalities of the Sites. For instance, in order to purchase goods and services on the Sites, payment and shipping information must necessarily be provided.

Manage Your Subscription Preferences: We may send your information by email or text message. If you provide your mobile phone number and ask to receive information by text message, we may provide information in that manner. Additionally, we may send automated text messages (if you provide consent). Where you consent to receive automated text messages from us, please note that your consent includes consent to receive both auto-dialled and/or pre-recorded telemarketing text messages or non-automated messages from us or on our behalf at the telephone number you provided . You further understand that consent is not a condition of purchase and that message and data rates may apply. Additional terms and conditions, including message frequency, are provided at sign-up for any automated messages.

Opt Out of Marketing Emails and Texts: For email marketing, you will have an opportunity to change your subscription preferences by clicking on an “unsubscribe” hyperlink contained in all promotional emails sent by us or on our behalf. Please note that while we honor all subscription requests as timely as possible, it may take up to five business days to become effective. Please be aware that even if you opt-out of receiving future promotional communications, you may, if you utilize the eCommerce features of the Sites, be sent certain transactional communications related to the purchase or shipment of items purchased. Thus, if you order online, we will send you an email confirming your order and may need to contact you by phone, email or regular mail if we have questions about your order. Additionally, an opt-out will not remove you from messages that we are required to send under relevant laws or regulations. You may ask us not to contact you by text message at any time by responding to a text message after it is received. For automated text messages, you will have the opportunity to opt-out by replying “STOP” to any message received. We will process your unsubscribe request as soon as possible, but please be aware that in some circumstances you may receive a few more messages until the unsubscribe request is processed.

Social Media & Other Public Platforms: You may also manage the sharing of certain personal information with us when you connect with us through a social media platform or application, such as through Facebook Connect. Please refer to the privacy settings of the social media website or application to determine how you may adjust your permissions and manage the interaction between us and your social media platform(s) or application(s). That said, we want you to be aware that when you post information to public forums, including publicly viewable social media platforms, that information will become available to all who access such platform pages. PLEASE BE EXTREMELY CAREFUL WHEN DISCLOSING ANY INFORMATION IN CHAT ROOMS, FORUMS AND OTHER PUBLIC POSTING AREAS. WE ARE NOT RESPONSIBLE FOR THE USE BY OTHERS OF THE INFORMATION THAT YOU DISCLOSE IN CHAT ROOMS, FORUMS AND OTHER PUBLIC POSTING AREAS.

Third Party Advertisers: We may use advertisers, third-party ad networks, and other advertising companies, to serve advertisements on our Sites and on third-party websites. Please be advised that such advertising companies may gather information about your visit to our Sites (such as through cookies, web beacons and other technologies) to enable such advertising companies to market products or services to you, to monitor which ads have been served to you browser and which web pages you were viewing when such ads were delivered. Depending on the particular advertising services they provide, these third-party advertising companies may employ first-party or third-party cookies. Unlike third-party cookies, first-party cookies are hosted on the Company's servers. PLEASE NOTE THAT THIS POLICY DOES NOT COVER THE COLLECTION AND USE OF INFORMATION BY SUCH ADVERTISING COMPANIES.

 

What Happens When I Link To or From Another Website?

 

The Sites may contain links to other websites not operated or controlled by us (“Third-Party Sites”). The policies and procedures set forth herein do not apply to any Third-Party Sites. We are not responsible for the privacy practices or content of such Third-Party Sites. We are not responsible for the actions of these Third Party Sites; Rather, the owners and operators of all Third-Party Sites are responsible for all personal information provided, collected, maintained, stored or otherwise disclosed on those sites, if any. The links on the Sites do not imply that we endorse or have reviewed the Third-Party Sites, including their privacy policies, if any. If you have any questions about how these Third-Party Sites' use of your personal information, we strongly encourage contacting those sites directly for information on their privacy policies and practices. If you have accessed the Sites through a link from certain of our advertising or marketing partners, the Sites may include a frame of the applicable advertising or marketing partner. However, the information you provide to us through these framed Web pages is collected by us, and our use of such information is governed by this Privacy Policy.

 

How Do We Respond to Do Not Track Signals?

 

Please note that our Sites do not support “Do Not Track” browser settings and do not currently participate in any “Do Not Track” frameworks that would allow us to respond to signals or other mechanisms from you regarding the collection of your personal information.

 

Is Information Collected From Children?

 

Protecting the privacy of children is extremely important to us. The Sites are directed towards a general audience and are not directed at nor intended for use by children. We do not knowingly collect or intend to collect personal information from anyone who is under the age of 18. If you are under the age of 18, you should not provide any personal information to us and you should use the Sites only with the knowledge, permission and involvement of a parent or guardian.

 

How Will I Be Informed About Changes Regarding This Privacy Policy?

 

The Sites and our business may change from time to time. As a result (and for other business and/or technological reasons), it may be necessary for us to make changes to this Privacy Policy. We reserve the right to update, change, amend or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any personal information.

If we make any material changes to this Privacy Policy (as determined by us), we will post a notice on the Sites notifying users of the changes and providing an opportunity for you to take action relative to those changes prior to their implementation. In some cases, we may also send an email notifying registered users of upcoming changes.

This Privacy Policy was last updated on the date indicated at the top of this document. Your continued use of the Sites after any changes or revisions to this Privacy Policy become effective shall indicate your agreement with the terms of such revised and then-current Privacy Policy.

Contacting Us

 

If you have any questions, comments, or concerns regarding our Privacy Policy or practices, please send an email to legal.apac@boardriders.com or write to us at the following address:

 

Ug Manufacturing Co Pty Ltd

 

Attention: Legal Department

 

5 Billabong Place

 

Burleigh Waters QLD 4220

 

T 07 5589 9899 – Monday thru Friday 9 am to 5 pm

 

Changes To Our Privacy Policy

 

We may amend this Privacy Policy from time to time as necessary to protect our users and to comply with changes in the law, technology and market practice. We recommend that you check the Privacy Policy when you visit the Website to be sure that you are aware of and understand our current policy. If we make material changes to this policy, or in how we use or collect your personally identifiable information, we will prominently post such changes. We will not make any retroactive material changes in how we handle previously collected personal information unless you allow us to do so, or unless we are legally required to do so, and in such a case we will e-mail registered Website visitors' information on material changes to this Privacy Policy. If you would like any further information about your rights to privacy, please see the Australian Privacy Commissioner's website – http://www.oaic.gov.au

 

 

Terms of Use Agreement

1. INTRODUCTION

This terms of use agreement (“Agreement”) applies to this website and all other Australian and New Zealand websites operated by Boardriders Group associated with Billabong International Pty Ltd, GSM (Operations) Pty Ltd and Ug Manufacturing Co Pty Ltd  (collectively “Company”, “we”, “us” and “our”) and all websites that refer or link to this Agreement (collectively “Sites”).

In this Agreement, “you” and “your” means the individual accessing or using any of the Sites and where you are accessing the Sites in your capacity as an employee of or contractor to a body corporate or other legal entity, “you” includes your employer or the entity that is engaging you. By using the Sites, you agree to be bound by all the terms and conditions contained in this Agreement and any and all rules, guidelines and directions found throughout the Sites. If you do not agree to the terms of this Agreement, you must not use or access our Sites. If you violate any of the terms of this Agreement, we may terminate your right to use and access our Sites.

Please read this Agreement carefully. This Agreement applies to all users of the Sites, including users who are viewers of material on the Sites and users who register for the Sites as set out below in Section 7. By using the Sites you also represent that you are at least 18 years old or have your parent or guardian’s consent to use the Sites. Company does not knowingly collect personally identifiable informatiTon from users under the age of 18. Such users are expressly prohibited from submitting their personally identifiable information to us and any information submitted by such users will not knowingly be used, posted, or retained by us. You may not use or register for the sites if you are under the age of 18 unless you have the consent of a parent or guardian.

In addition, when you use any current or future version of the Sites, you also will be subject to the terms and conditions of this Agreement. Please print a copy of this Agreement for your records. We may, from time to time, modify the terms of this Agreement. When we make changes, we will post those in a new Terms of Use Agreement. Your use of the Sites following any such modification constitutes your agreement to the terms of the modified Agreement. You should visit this page periodically to learn of any changes to this Agreement.

 

2. PRIVACY

To understand our privacy practices, please review our Privacy Policy here: https://www.genuins.com.au/pages/privacy-policy. The terms and conditions of our Privacy Policy form part of this Agreement.

 

3. CONSIDERATION

You acknowledge that this Agreement is supported by reasonable and valuable consideration, the receipt and adequacy of which is hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of the Sites and receipt of data, materials and information available at or through the Sites.

 

4. DISPUTE RESOLUTION

By using the Sites, you and the Company agree that if there is any controversy, claim, action, or dispute arising out of or related to your use of the Sites, or the breach, enforcement, interpretation, or validity of these Terms of Use or any part of it (“Dispute”), both parties must first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute (“Dispute Notice”) and allowing the receiving party 30 days in which to respond in writing (“Reply Notice”). A Dispute Notice or Reply Notice must be sent:

1. the Company at:

Attention: Legal Department

5 Billabong Place

Burleigh Waters QLD 4220

1. to you at your last-used billing address of the billing and/or shipping address that we may have on file for you or, if no such address has been provided, to any email address that you may have provided to us or used to register for an accountant on any of our Sites. If you issue us with a Dispute Notice and you have otherwise not provided us with a contact address through registration or similar, please provide us with an email address and address we may reply to.

Both you and the Company agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party, provided however that nothing in this Agreement will prevent a party seeking urgent injunctive or similar interim relief from a court.

If a Dispute Notice and Reply Notice are given, then you agree to discuss (either in person or by telephone) the Dispute with an authorised representative of the Company in an effort to resolve the Dispute. At least one meeting or discussion relating to the Dispute must take place within 30 days of service of a Reply Notice.

If the Dispute is not resolved within 30 days of service of a Reply Notice or if a Reply Notice is not given by the relevant party, then the parties agree to try to resolve the Dispute by mediation, to be held in Gold Coast, Queensland Australia and administered by the Australian Disputes Centre according to its Guidelines for Commercial Mediation (“Guidelines”). The Guidelines set out the procedures to be adopted, the process of selection of the mediator and the costs involved. If the Dispute is not settled within 30 days after the referral of the Dispute to mediation, then either party may commence legal proceedings in relation to the Dispute.

 

5. GOVERNING LAW

This agreement is governed by the laws in force in the State of Queensland, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the State of Queensland and of the Commonwealth of Australia in respect of any matter relating to this Agreement or the access and use of any of our Sites.

 

6. RESTRICTIONS ON USE OF MATERIALS

Boardriders, Quiksilver, Billabong, Roxy, Genuins, DC Shoes, RVCA, Element, VonZipper, Xcel, Kustom, Palmers, Dot Dash and other trade marks, service marks, trade names, and trade dress indicated on our Sites are trade marks or registered trade marks of Company and/or its related bodies corporate (as that term is defined in the Corporations Act 2001 (Cth)) or licensors and licensees in Australia and other countries. All rights in such names are hereby reserved. The use or misuse of these trade marks or any materials, except as permitted under this Agreement, is expressly prohibited, and nothing stated or implied on the Sites confers on you any license or right under any patent or trade mark owned or controlled by Company, its related bodies corporate, its licensors or any third party.

All information, text, images, photographs, graphics, videos, music, user interface and other content and materials contained on the Sites are the copyrighted property of Company, its related bodies corporate or its third-party licensors to the full extent provided under the Copyright Act 1968 (Cth) and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the Sites for any purposes. Nothing stated or implied on the Sites confers on you any license or right under any copyright of Company or any third party. The Sites and the information contained in reference herein are for your personal, non-commercial use only. Except as otherwise specifically permitted under this Agreement, you shall not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of the Sites, or use the contents of the Sites in litigation, or for any commercial or promotional purposes, without the express written consent of Company or its lawful successors and assigns. For usage permission, please contact us via e-mail at privacy.apac@boardriders.com.

 

7. REGISTRATION

You do not have to register to view the Sites. You can visit the Sites, read articles and other materials, browse merchandise, post comments and product reviews and check on offerings without registering for a user account. You can also contact us about a particular video, picture, audio file or other posting without having an account. However, you must register for an online user account in order to access the full features of the Sites, including but not limited to the ability to purchase products through the Sites. To register, you must create a user account, which requires you to provide your name, e-mail address and select a password. When creating a user account, you must provide accurate, complete and updated registration information. By creating an account you agree (or, if you are under 18, you have obtained your parent or legal guardian’s consent) to receive commercial electronic messages from Company. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You are fully responsible for your failure to safeguard information and/or to permit any other person to access or use the Sites using your profile and/or account, and for all activities that occur under your profile and/or account. You may not sell or otherwise transfer your profile or account or any portion thereof. You must notify Company immediately of any breach of security or unauthorised use of your account. Company will not be responsible for any losses caused by any unauthorised use of your account. Company reserves the right to refuse registration or terminate, suspend, or cancel access to a user account at any time in its sole discretion. If we suspend or cancel access to your account, you may be prevented from accessing the Sites (temporarily or permanently), your account details and/or any files or other various Sites materials, including all text, comments, icons, images, messages, tags, links, photographs, audio, video and other content that are contained in or accessible through your account, all of which may be deleted by us. Such suspension or cancellation of your account will mean that you may lose access to all content submitted by you. You may also terminate or discontinue your own account at any time by sending an email request to customerservice@kustomfootwear.com.au

 

8. RETURNS, SHIPPING AND DELIVERY

Please review our Shipping & Returns Policy here: https://www.genuins.com.au/pages/shipping-returns which also govern your visit to the Sites, as applicable. The terms and conditions of these documents are incorporated herein and made a part of this Agreement.

 

9. COMMENTS

We welcome your comments and feedback about the Sites and our products. In addition, in some places the Sites enable users to post comments and product reviews which may be viewed by other users. If you post any comments, reviews, testimonials, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") on the Sites or sent to us, whether through the Sites, e-mail, facsimile, postal mail or by other means, you automatically grant, or warrant that the owner of such Comments has expressly granted the Company, a royalty-free, full-paid, perpetual, irrevocable, worldwide, unlimited, nonexclusive, sublicensable, and transferable license to use, re-use, reproduce, sublicense, create derivative works from, modify, publish, edit, translate, distribute, re-distribute, transmit, print, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, import, perform, exhibit, and display the communication or content material in any media or medium, or any form, format, or forum now known or hereafter developed. The Company may sublicense its rights through multiple tiers of sublicenses. You should not submit any Comments to us that you do not wish to license to us. The Company is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay any compensation for any Comments; or (3) to respond to any Comments. You grant the Company the right to use the name that you submit in connection with any Comments. You agree to the foregoing grant of rights, consents, and agreements whether or not your Comments are used by us.

You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, and waivers set forth in this Agreement.

Without limiting the scope of this section or any future grant of rights, consents, agreements, and waivers you may make with respect to Comments, you hereby ratify any prior grant of rights, consents, agreements, and waivers made by you with respect to Comments submitted by you to us.

 

10. LICENSE AND SITE ACCESS

Company grants you a limited, revocable and nonexclusive license to access and make personal use of the Sites but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Company. This license does not include any resale or commercial use of the Sites or their contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Sites or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, spiders or similar data gathering and extraction tools. Neither the Sites nor any portion of the Sites may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Company. You may not frame or use framing techniques to enclose any trade mark, logo, or other proprietary information (including images, text, page layout, or form) of Company and its related bodies corporate, licensors or licensees without express written consent of Company. You may not use meta tags or any other hidden text using Company's brand names or trade marks without the express written consent of Company. Any unauthorized use will immediately terminate the permission or license granted by Company. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Sites so long as the link does not portray Company or its products or services in a false, misleading, derogatory, or otherwise offensive manner as determined by Company in its sole discretion. You may not use any Company logo or other proprietary graphic or trade mark as part of the link without express written permission of Company. You may not make any other part of the Sites, other than the home page of the Sites, available as part of another service by "deep linking," or otherwise, without prior written permission from Company. Any permitted links to the Sites must comply will all applicable laws, rules and regulations.

 

11. THIRD-PARTY AND CO-BRANDED SITES

The Sites may contain hyperlinks ("links") to websites operated by persons or entities other than Company ("third-party Websites") or to co-branded websites operated by a third party, including Company's related bodies corporate and licensees ("co-branded Websites"). We provide such links for your reference and convenience only. A link from the Sites to a third-party or co-branded Website does not mean or imply that Company endorses the content on that third-party or co-branded Website or the operator or operations of that third-party or co-branded Website. Company explicitly disclaims any responsibility for, and excludes all liability to you for, the accuracy, completeness or availability of information, content and materials found on any third-party or co-branded Website. Company does not endorse any of the merchandise, nor can we ensure that you will be satisfied with any products or services that you purchase from a third-party or co-branded Website. Company does not make any representations or warranties as to the security of any information, content or materials (including, without limitation, credit card and other personal information) you might be requested to give to any third-party. You hereby irrevocably waive any claim against Company with respect to information, content and materials contained on any third-party or co-branded Website, and any information, content and materials you provide to such third-party or co-branded Website (including, without limitation, credit card and other personal information). You are solely responsible for determining the extent to which you use any content at any third-party or co-branded Website to which you might link from our Sites. Your use of any website linked to from the Sites is subject to the policies and procedures of the owner of such website, and your use of all such websites is subject to such policies and procedures and not to the terms and conditions of this Agreement. You understand that by using any third-party Website linked to from the Sites, you may be exposed to content or other materials that are offensive, indecent, defamatory or otherwise objectionable. We therefore strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third-parties.

COMPANY IS NOT RESPONSIBLE OR LIABLE FOR (AND EXCLUDES ALL LIABILITY TO YOU FOR) ANY LOSS OR DAMAGE INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY OR CO-BRANDED WEBSITE, ANY MERCHANT OR OPERATOR OF A THIRD-PARTY OR CO-BRANDED WEBSITE, OR ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY TRANSACTION.

 

12. YOUR RESPONSIBILITIES

You agree to comply with all applicable laws in connection with your use of the Sites, and such further limitations as may be set forth in any written or on-screen notice from Company. As a condition of your use of the Sites, you warrant that you will not use the Sites for any purpose that is unlawful or prohibited by this Agreement. All information that you provide in connection with any interaction with the Sites or any co-branded website must be accurate, complete, and current.

You must not restrict, inhibit or interfere with any other user’s use or enjoyment of the Sites or use the Sites to distribute, transmit or link to any content or material which contains a virus or other harmful or malicious software.

By using the Sites, you agree not to violate or attempt to violate the security of the Sites, including, by way of illustration but not limitation, actions such as accessing data not intended for you or logging into a server or account that you are not authorised to access; attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation; attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to or overloading, "flooding," "spamming," "mailbombing," or "crashing" the Sites; sending unsolicited e-mail, including promotions and/or advertising of products or services; and forging any TCP/IP packet header or any part of the header information in any e-mail or posting.

 

13. TERMINATION OR RESTRICTION

Company may terminate or restrict your access to all or any part of the Sites at any time, with or without cause, with or without notice, effective immediately. You may also terminate your use of the Services at any time, provided that all of the provisions of this Agreement, including without limitation, ownership provisions, warranty and disclaimers will survive any such termination.

 

14. RISK OF LOSS

All products purchased from the Sites are transported and delivered to you by an independent carrier not affiliated with, or controlled by, Company. Title to products purchased on the Sites, a well as risk of loss for such products, passes to you when Company delivers these items to the carrier.

 

15. PRODUCT INFORMATION

We attempt to be accurate in describing our products and services on the Sites. We do not warrant that product and service descriptions or other content on this or any other Sites are complete reliable, current or error-free.

We have made every effort to display as accurately as possible the colours of our products that appear on the Sites. However, as the actual colours you see depend on your computer monitor and other factors beyond our control, we cannot guarantee that your computer’s display on any colour on the Sites will be accurate.

Most products displayed in the Sites are available in select retail stores. In some cases, products displayed for sale at the Sites may not be available in retail stores. Unless otherwise stated, the prices displayed on Sites are quoted in Australian or New Zealand Dollars as applicable.

We may choose to not fill any orders (or part of an order) that you have placed where the website contains errors or inaccuracies, including without limitation, errors, inadequacies or out-of-date information regarding pricing, shipping, payment terms, or return policies.

 

16. DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY

THE SITES ARE PROVIDED BY COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW AND SUBJECT TO ANY STATUTORY GUARANTEES THAT CANNOT BE LAWFULLY EXCLUDED, COMPANY MAKES NO REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITES OR THE INFORMATION, CONTENT, THIRD-PARTY CONTENT, MATERIALS, PRODUCTS, SERVICES OR LINKED SERVICES PROVIDED ON OR THROUGH THE SITES, INCLUDING WITHOUT LIMITATION, THAT THE INFORMATION PROVIDED THROUGH THE SITES WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; THAT THE SITES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED; OR THAT THE CONTENT ON THE SITES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THE SITES IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK.

IN AUSTRALIA, OUR PRODUCTS COME WITH GUARANTEES THAT CANNOT BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW. NOTHING IN THIS AGREEMENT PURPORTS TO MODIFY OR EXCLUDE THAT CONDITIONS, WARRANTIES AND UNDERTAKINGS, AND OTHER LEGAL RIGHTS, UNDER THE COMPETITION AND CONSUMER ACT 2010 (CTH) AND OTHER LAWS. ANY AND ALL WARRANTIES OR CONDITIONS WHICH ARE NOT GUARANTEED BY THE AUSTRALIAN CONSUMER LAW OR THE COMPETITION AND CONSUMER REGULATIONS ARE EXPRESSLY EXCLUDED WHERE PERMITTED, INCLUDING LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES CAUSED BY BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION.

IN NO EVENT WILL COMPANY, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITES, BE LIABLE FOR (AND ANY LIABILITY IS HEREBY EXCLUDED FOR) ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES OR ANY DAMAGES OF ANY TYPE OR NATURE ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SITES OR ANY LINKED SITES OR SERVICES; IN THE EVENT A THIRD PARTY INTERCEPTS OR DECRYPTS ANY TRANSMISSION OF INFORMATION THAT YOU PROVIDE TO COMPANY THROUGH THE SITES; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Company makes no representation that the contents of the Sites comply with the laws of any country outside Australia. If you access any of the Sites from outside Australia, you do so at your own risk and you are responsible for ensuring compliance with all laws in the place where you are located.

Company does not warrant that it will be able to prevent any illegal, harmful or inappropriate use, modification or alteration of the Sites or that it will give notice of such use, modification or alteration.

Where any applicable legislation implies any warranties, guarantees or conditions or imposes obligations upon Company which cannot be excluded, restricted or modified except to a limited extent, this Agreement must be read subject to those statutory provisions. If those statutory provisions apply, then to the extent to which Company is able to do so, its liability will be limited, at its option, to: (a) in the case of any goods supplied by Company, either: (i) replacement of the goods or supply of equivalent goods; (ii) repair of the goods; (iii) payment of the cost of replacing the goods or acquiring equivalent goods; or (iv) payment of the cost of having the goods repaired; or (b) in the case of any services performed by Company, either: (i) the performance of the services again; or (ii) the payment of the cost of having the services performed again.

 

17. INDEMNITY

You indemnify the Company against any claims, proceedings, losses, liabilities, costs or other expenses (including legal costs) and third party claims incurred by Company in connection with or arising, whether directly or indirectly, as a result of your breach of the terms of this Agreement, your use or access of the Sites or any violation of any applicable law in connection with this Agreement.

 

18. MISCELLANEOUS LEGAL PROVISIONS

Company may discontinue the Sites at any time and for any reason, without notice. Company may change, suspend, or cancel the contents, operation, or any and all other features of the Sites at any time for any reason, without notice.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Company as a result of this Agreement or your use of the Sites. Nothing contained in this Agreement is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by us with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Company’s failure to enforce any provision of this Agreement or respond to a breach by you or other parties is not in any way a waiver its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches. You must not resell or assign your rights, duties or obligations under this Agreement, and any attempted assignment or delegation will be void and of no force or effect whatsoever. This Agreement may be automatically assigned by Company, in our sole discretion, to a third party, and such an assignment will inure to the benefit of our successors, assigns and/or licensees. Without limiting the foregoing, we may sell, transfer or otherwise share some or all of our assets, including your personal information, with any parent company, subsidiary, joint venture, and a company under our common control, as well as with a potential acquirer, lender, or investor, including in connection with a merger, reorganisation, or sale of assets, or in the event of bankruptcy. In each such event, the personal information we have collected from you may be one of the assets transferred.

If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

This Agreement constitutes the entire and final agreement regarding the Sites and its contents, and supersedes any prior or contemporaneous communications between you and Company regarding the Sites and their contents.

All rights not expressly granted herein are hereby reserved to Company.

 

19. CONTACT US

If you have any questions of concerns regarding the Sites or this Agreement, please contact us by email at legal.apac@boardriders.com or write to us at the following address:

Attention: Legal Department

5 Billabong Place

Burleigh Waters QLD 4220

T 07 5589 9899 – Monday thru Friday 9.00am to 5.00pm.