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Last updated: AUGUST 2023
1. We are Fewstone Pty Ltd (ACN 010 496 465) as trustee for the City Beach Trust and its Related Bodies Corporate (as defined by the provisions of the Corporations Act 2001 (Cth) (Provider, we, us and our). We are committed to respecting your privacy. This page informs you of our policies regarding the collection, use and disclosure of personal data when you use our Services and the choices you have associated with that data.
2. We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy.
3. The Website Is the website located at the domain citybeach.com operated by us.
4. The Services are the Website and any provision of our products via other means, including physical means.
5. Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).
6. Usage Data is data collected automatically and either generated through use of the Services or from the infrastructure underpinning the Services.
7. Cookies are small files stored on your device (computer or mobile device). When you visit our website, we may collect information from you automatically through cookies or similar technology. For more information, visit: https: //www.allaboutcookies.org /
9. Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the way any personal information are, or are to be, processed
Processors (or Service Providers)
11. Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Controller.
12. We may use the services of various Service Providers to process your data more effectively.
Data Subject (or User)
13. Data Subject is any living individual who is using our Service and is the subject of Personal Data.
Information Collection and Use
14. We collect several distinct types of information for various purposes to provide and improve our Services.
Do Not Track (DNT)
15. The “Do Not Track” (“DNT”) is a preference you can set in your web browser to inform some websites (which support this technology) that you do not want to be tracked.
16. You can enable or disable Do Not Track by editing the preferences or settings in your applicable web-browser.
DEFINITIONS (BODIES AND LAWS)
Australian Privacy Principles (APP)
17. Reference to APP in this policy means the Australian Privacy Principles contained in Schedule 1 of the Privacy Act 1988 (Cth). These APPs govern the content of privacy policies and rights under Australian law. We take pride in our adherence to these Principles.
18. A summary of the APPs is available at: https://www.oaic.gov.au/privacy/australian-privacy-principles/australian-privacy-principles-quick-reference.
The Office of the Australian Information Commissioner (OAIC)
19. The OAIC is the principal body which administers Australia’s privacy laws and the Australian Privacy Principles.
20. The OAIC website is: https://www.oaic.gov.au/
Information Privacy Principles (IPP)
21. Reference to APP in this policy means the New Zealand Information Privacy Principles contained in the Privacy Act 2020 (New Zealand). These IPPs govern the content of privacy policies and rights under New Zealand law. We take pride in our adherence to these Principles.
22. A summary of the APPs is available at: https://www.privacy.org.nz/privacy-act-2020/privacy-principles/.
The European Economic Area (EEA)
23. EEA refers to the contracting parties of the European Economic Area as established by the Agreement on the European Economic Area (Document 21994A0103(01)). This area covers the European Union (“EU”) and some other zones deemed part of the EU’s economic area.
ABOUT THIS POLICY
Which parts of this policy apply to you?
i. Laws: The Australian Privacy Principles (APPs) in the Privacy Act 1988 (Cth), and requirements
under the Spam Act 2003 (Cth) (altogether the “AU Privacy Law”)
ii. Does this apply: These laws apply to you if you are a person (instead of a company). To clarify, Australian privacy laws apply based on who the data collector is (who are certain Australian businesses like us), instead of applying based on what the nationality the data subject is.
i. Laws: The General Data Protection Regulation (EU 2016/679) (GDPR or “EU Privacy Law”)
ii. Does this apply: These laws apply if you are a resident of the European Economic Area (EEA), which covers all countries in the European Union (EU) and Iceland, Liechtenstein, and Norway. Please note Switzerland and the United Kingdom are not part of the EU or EEA.
c. United Kingdom:
i. Laws: The UK General Data Protection Regulation (“UK GDPR”) and Privacy and Electronic
Communications Regulations 2003 (“PECR”) (altogether the “UK Privacy Law”)
ii. Does this apply: These laws apply if you are in or a citizen of the UK.
d. United States of America:
i. Laws: While each state may pass their own privacy laws, we address the requirements for the
state of California, which are considered to impose a high standard for privacy protection rights; we do
this by complying with the following laws (which we refer to together as the US Privacy Law)- the
California Consumer Privacy Act (CCPA) and the Children’s Online Privacy Protection Act (COPPA)
(altogether the “US Privacy Law”)
ii. Does this apply: These laws apply if you are a resident of the state of California (CA), USA, and if the information is collected all or partly while you are in CA. For clarity, you are still covered if you are a CA resident and temporarily outside of CA.
e. New Zealand:
i. Laws: Privacy Act 2020 No. 31 and the Information Privacy Principles (the NZ Privacy
ii. Does this apply: These laws apply if you are in or a resident of NZ
i. Laws: Personal Information Protection and Electronic Documents Act S.C. 2000, c. 5 (“PIPEDA”
or the “CA Privacy Law”)
ii. Does this apply: If you are in Canada.
25. Regardless which privacy laws may apply to you, you may still contact us to resolve any concerns using the contact details and complaints handling process contained in this policy as-
a. Your territory may in fact have privacy laws which we can or must comply with; and
b. Even if your territory does not have privacy laws we are required to abide by, we may voluntarily choose (at our sole discretion) to respond to your request, as part of our goals to satisfy customers and be a socially responsible company that respects and protects privacy.
26. In this policy Protected Data refers to either:
a. Personal Information, Sensitive Information and Credit Information, under the AU Privacy Law;
b. Personal Data, under the EU Privacy Law;
c. Personal Data, under the UK Privacy Law;
d. Personal Information, under the US Privacy Law, noting that-
i. Personal information is information that identifies, relates to, or could reasonably be linked with you or your household. For example, it could include your name, social security number, email address, records of products purchased, internet browsing history, geolocation data, fingerprints, and inferences from other personal information that could create a profile about your preferences and characteristics. https://oag.ca.gov/privacy/ccpa
e. Personal Information, under the NZ Privacy Law;
f. Personal Information, under the CA Privacy Law.
Is this policy a contract?
28. Importantly, our website terms require you to have read and understood this policy and provide the following required consents (see at the end of this policy for a link to these terms along with links to other policies).
TYPES OF DATA COLLECTED
30. While using our Services, in particular when creating and registering your account, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data"). Personally identifiable information may include, but is not limited to:
|Type of Data||Purpose|
||To identify and contact you.|
|Gender and Date of birth||If you seek employment with us|
|Employee record information||To confirm your age (and whether additional consent processes are needed) and your clothing preferences.|
|Transaction sales, including:
||Information to effect our sales transactions with you.|
|Location information||To determine which store, delivery, and currency/prices to provide you with.|
|Customer service, and enquiries, including any information collected in processing an enquiry made by you, and injury reports (collected by our sales staff or customer services department should you injure yourself in our store)||For processing enquiries|
31. We may use your Personal Data to contact you with notifications, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by turning off notifications within the App or following the unsubscribe link and the instructions provided in any correspondence we send.
Usage Data and Feedback (Personal / Deidentified)
32. We may also collect the following information on how the Service is accessed and used ("Usage Data"). This Usage Data may include information such as your device’s:
a. Internet Protocol address (e.g., IP address), or geo-location information;
b. browser type and browser version;
c. the screens and interfaces within our Service that you visit;
d. the time and date of your visit;
e. the time spent on those interfaces;
f. unique device identifiers (like any device ID);
g. device type;
h. computer and connection information; and
i. other diagnostic data.
33. We also can collect information provided by you in any feedback or correspondence from time to time with:
a. customer surveys;
b. details of the Services we have provided to you or that you have enquired about, including any additional information necessary to deliver the Services and respond to your queries; and
c. any other information necessarily required to facilitate and improve your dealings with us and the Services.
34. Due to the nature of the services, we provide and goods we off er for sale, it is only practicable or reasonable for City Beach transact and correspond with you on a named basis. Your Personal Information or Personal Data may be required to provide you with our products and services, or to resolve any issue you may have.
35. We may use and store information about your location if you give us permission to do so (“Location Data”). We use this data to provide certain features within our Services, as well as to improve and customise the Services.
36. You can enable or disable location services when you use our Services at any time by way of your device settings
37. You are not required to provide your location data when using the Services and can decline requests for location data. You may choose to either enter an address or postcode or simply view the locations on the map.
Identification, Tracking & Cookies Data
39. Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags, and scripts to collect and track information and to improve and analyse our Service.
40. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
41. Examples of cookies we use are:
a. Session Cookies. We use Session Cookies to operate our Service.
b. Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
c. Security Cookies. We use Security Cookies for security purposes.
43. To provide clarification on possible identifiers for you-
a. You may be able to browse our Website anonymously if you disable any cookies and
b. You may be able to browse our Website pseudonymously, only being identified by the Cookies and tracking IDs from other analytics providers (see section on Third Parties for this).
44. In compliance with the IPPs we note that we do not attempt to use any identifiers used by other agencies for you, apart from those used for statistical or research purposes (such as via analytics providers)
45. We collect Sensitive Information as per the following table:
|Type of Data||Purpose|
|Biometric information (such as a scan that creates an individual ID)||For time and attendance verification in respect of on-site employees and contractors|
|Medical information||Voluntarily provided by data subject to determine their fitness for work|
|Criminal Record/td>||Pre-employment screening purposes|
46. Our Services may address persons under the age of 13 ("Children" or “Child”).
47. Our Service does entail the collection of data from users, between the ages of 14 to 18 years of age (“Teenager”).
48. For any Child accessing our Services from the USA, we require verifiable parental or guardian consent to be obtained by the following process:
49. If we become aware that we have collected Personal Data from Children resident in the USA without verification of parental consent, we take steps to remove that information from our servers.
50. Consent for a Teenager’s data collection may be granted, modified, or revoked by the Teenager or their parent/guardian.
51. We will not obtain more information from Children or Teenagers than necessary through the running of prizes or competition.
52. We aim to keep the data of Children and Teenagers confidential, secure, and maintained with integrity with data and privacy review conducted at least once a year.
HOW DATA IS COLLECTED
53. We may collect data either directly from you, or from third parties, when you:
a. register for the Services;
b. interact with the Services;
c. communicate with us through correspondence, chats, email or otherwise share information with us;
d. engage in other related social applications, services or websites;
e. interact with our Services, content, advertisements and/or marketing material; or
f. invest in our business or enquire about our business.
54. Otherwise, we try to collect any data directly from you with your informed consent (via this policy and its related documents) and by lawful means. Our Policy On “Do Not Track” (DNT) Signals
55. Our Services do not support DNT web-browser settings. This means that if you do not want to be tracked, you’ll need to contact us with a privacy enquiry (see our contact details below)
USE OF DATA
56. We use the collected data for various purposes:
a. To enable you to access and use our Services (on the grounds of fulfilment of our
b. To operate, maintain, protect, improve, and optimise our Services (on the grounds of fulfilment of our contract with you);
c. To notify you about changes to our Services (on the grounds of our legitimate interests in ensuring you are aware of any relevant changes);
d. To allow you to participate in interactive features of our Services when you choose to do so (on the grounds of your consent);
e. To provide or administer rewards, surveys, contests, or other promotional activities or events;
f. To provide customer support (on the grounds of our legitimate interests in ensuring you receive the help you need when accessing our Services);
g. To gather analysis or valuable information so that we can improve our Services;
h. To monitor the usage of our Services;
i. To gather analysis or valuable information so that we can improve our Services (on the grounds of your consent);
j. To monitor the usage of our Services (on the grounds of your consent);
k. To detect, prevent and address technical issues (on the grounds of our legitimate interests in maintaining the functionality of the Services);
l. To provide you with notifications, and information about other Services we offer unless you have opted not to receive such information (on the grounds of your consent). This correspondence may occur by email, text message or another electronic format;
m. To comply with our legal obligations, resolve any issues our users may encounter, and enforce our agreements with third parties; and
n. To consider your employment application.
57. We will only collect and use data necessary for the primary purpose it is collected for, or other excepted purposes outlined in this policy.
58. We will only use or disclose data where we believe in the data is accurate, up to date, complete, relevant, and not misleading.
Legal Basis for Processing Personal Data Under the GDPR
a. We need to perform a contract with you;
b. You have given us permission to do so;
c. The processing is in our legitimate interests, and it is not overridden by your rights; and
d. To comply with the law.
HANDLING AND DISCLOSURE OF DATA
Disclosure of Data (who)
b. Third party suppliers and service providers (including providers for the operation of
Services and/or our business;
c. Professional advisors, dealers and/or agents;
d. Payment systems operators (for example, merchants receiving card payments);
e. Our existing or potential agents, business partners or partners;
f. Our sponsors or promotors of any competition that we conduct via our services’
g. Anyone to whom our assets or businesses (or any part of them) are transferred; specific third parties authorised by you to receive information held by us;
h. Other persons, including government agencies, regulatory bodies, and law enforcement agencies; and/or
i. As otherwise required or permitted by law.
61. In general, we will only disclose data to third parties where such disclosure is, in the course of providing the Services, reasonable (including publicly available) or required by law – see below for more details.
62. We ensure that any disclosure outside of New Zealand is made to parties which we are confident:
a. Are subject to the NZ Privacy Act because they do business in New Zealand
b. Will adequately protect your information by using model contract clauses; or
c. Are subject to privacy laws of other territories which provide comparable safeguards to the NZ Privacy Act, such as Australia, Europe, UK, Canada, and the like.
Retention of Data (when)
64. We will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer periods.
65. In general, we will only retain data for as long as necessary.
Transfer and Storage of Data (where)
66. Your information, including Personal Data, may be transferred to — and maintained on — servers located outside of your state, province, country, or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.
67. If you are located outside Australia and choose to provide information to us, please note that we transfer the data, including Personal Data, to Australia and process it there.
70. With third-party, cloud-storage services:
a. The individual data packets will be likely stored in an encrypted format, on
servers located in
different territories, as determined from time to time by the third-party providers.
b. As this data should only be accessible by us (and the cloud-storage provider, to the extent it is for legitimate maintenance and support reasons) the information contained in the data is stored in Australia, as it is only at this location where the data packets can be compiled to reveal the information.
Collaboration with Third Parties
71. We do not sell any Personal Data to third parties.
72. If we participate in a collaboration with a third party which involves collecting data and you subscribe to a mailing list associated with this collaboration, your Personal Data may be transferred to this third party so that they may send you marketing in accordance with the consent you provided. Your data will only be given to the core third party involved in the associated collaboration.
74. We may share data with ecommerce, payment gateway providers, secure online credit providers (such as ZipPay and AfterPay) and financial institutions.
75. We may also share information to related body corporates of City Beach, to provide our Services. Disclosure for Law Enforcement
76. Under certain circumstances, we may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g., a court or a government agency).
77. We may disclose your Personal Data to third parties (including legal advisors) in the good faith belief that such action is necessary to:
a. comply with a legal obligation;
b. protect and defend our rights or property;
c. prevent or investigate possible wrongdoing in connection with the Service;
d. protect the personal safety of users of the Service or the public;
e. protect against legal liability; or
f. enable a third-party medical practitioner to provide you with assistance should you injure yourself in our store.
Security of Data
78. We may hold your personal information in either electronic or hard copy form. The security of your data is important, and we take reasonable steps to ensure your personal information is protected against misuse, interference, loss, unauthorised access, modification, or disclosure. These steps include various physical, administrative, personnel and technical measures.
79. However, please bear in mind that that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
THIRD PARTIES AND CROSS-BORDER DATA HANDLING
Service Providers and Data Handling
80. We may employ third party companies and individuals to facilitate our Service ("Service Providers"), provide the Service on our behalf, perform Service-related services, or assist us in analysing how our Service is used.
81. Data is currently stored on:
a. physical data servers on servers and computes located in Australia.
b. IT service providers for assistance with data hosting, located in the United States of America and the United Kingdom.
c. IT service providers for administrative applications and website functions, located in Singapore.
d. Service providers for marketing functions and promotions, located in the United Kingdom and Ireland/
e. Service providers for recruitment services, and workforce management, located in the United Kingdom, the United States of America, Singapore, Hong Kong, and the Philippines.
f. The Service Providers mentioned under the further sub-headings below.
82. By submitting your Personal Information or Personal Data to City Beach, you expressly agree and consent to the disclosure, transfer, storing or processing of your or Personal Data outside of Australia. In providing this consent, you understand and acknowledge that countries outside Australia do not always have the same privacy protection obligations as Australia in relation to Personal Information or Personal Data.
86. For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en.
87. HotJar is a website interaction and analytics provider, which we use for customer data analytics.
88. For more on their services see: https://www.hotjar.com/
89. For more on their cookies see: https://help.hotjar.com/hc/en-us/articles/6952777582999-Cookies-Set-by-the-Hotjar-Tracking-Code
90. Salesforce is a website interaction and analytics provider, which we use for customer data analytics.
91. For more on their services see: https://www.salesforce.com/
92. For more on their cookies see: https://help.salesforce.com/s/articleView?id=000391498&type=1 / https://help.salesforce.com/s/articleView?id=cc.b2c_local_data_storage.htm&type=5
93. Emarsys is a customer analytics provider, which we use for customer data analytics.
94. For more on their services see: https://emarsys.com/
95. For more on their privacy see: https://help.emarsys.com/hc/en-us/articles/115004863765-Enabling-third-party-cookies
Behavioural Remarketing (General)
Behavioural Remarketing (Google AdWords)
98. You can opt-out of Google Analytics for Display Advertising and customise the Google Display Network ads by visiting the Google Ads Settings page: http://www.google.com/settings/ads.
99. Google also recommends installing the Google Analytics Opt-out Browser Add-on - https://tools.google.com/dlpage/gaoptout - for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google
100. For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en
Behavioural Remarketing (Facebook)
102. You can learn more about interest-based advertising from Facebook by visiting this page: https://www.facebook.com/help/164968693837950.
103. To opt-out from Facebook's interest-based ads, follow these instructions from Facebook: https://www.facebook.com/help/568137493302217.
104. Facebook adheres to the Self-Regulatory Principles for Online Behavioural Advertising established by the Digital Advertising Alliance. You can also opt-out from Facebook and other participating companies through:
a. The Digital Advertising Alliance in the USA http://www.aboutads.info/choices/,
b. The Digital Advertising Alliance of Canada http://youradchoices.ca/ or
c. The European Interactive Digital Advertising Alliance http://www.youronlinechoices.eu/; or
d. Via opt-out using your mobile or computer device settings.
105. For more information on the privacy practices of Facebook, please visit Facebook's Data Policy: https://www.facebook.com/privacy/explanation
Behavioural Remarketing (Pinterest)
107. You can opt-out from Pinterest's interest-based ads by enabling the "Do Not Track" functionality of your web browser or by following Pinterest instructions: http://help.pinterest.com/en/articles/personalization-and-data.
Behavioural Remarketing (TikTok)
Credit Providers (zip.co)
111. Zip Pay business that provides ‘buy now pay later’ (i.e., credit) facilities for customers.
112. For more on their services see: https://zip.co
Credit Providers (AfterPay)
113. AfterPay business that provides ‘buy now pay later’ (i.e., credit) facilities for customers.
114. For more on their services see: https://afterpay.com
COMMINICATION TO YOU
How we advertise and communicate with you
115. You give your express and informed consent to us using your data to provide you with information and to tell you about our products, services or events or any other direct marketing activity (including third party products, services, and events) which we consider may be of interest to you, whether by post, email, SMS, messaging applications and telephone (Direct Marketing Communications). All advertisements Direct Marketing Communications will identify us as the sender.
116. If at any time you do not wish to receive any further Direct Marketing Communications from us, you may ask us not to send you any further information about products and services and not to disclose your information to other organisations for that purpose. You may do this at any time by:
a. using the "unsubscribe" facility included in the Direct Marketing Communication.
b. updating your communication preferences via your City Beach account by unchecking the 'Receive marketing emails' tick-box and clicking save.
c. contacting us at our contact details provided below in this policy and we will ensure the relevant communication ceases.
118. For more information on Australian spam law requirements, please refer to the Australian Communications and Media Authority: https://www.acma.gov.au/spam-and-telemarketing.
119. For more information on the UK requirements please see refer to the Privacy and Electronic Communications Regulations and the Data Protection Act: https://ico.org.uk/for-organisations/guide-to-pecr/what-are-pecr/.
Links to Other Sites
121. We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.
Our Complaints Process
122. You can submit complaints to us using the contact information provided below under the Contact Us heading.
123. Our Data Protection Officer will review your complaint and will respond to you with further details as soon as practicable.
Under the APPs and IPPs
124. You have the right, under the APPs and IPPs to request access to the Personal Information we hold for you (and confirmation if we hold any such data). You also have the right to request the correction of such information.
125. You can submit complaints to us using our contact details below (see contact details); for digital notices we accept multiple formats of Word, PDF, and RTF documents.
126. You can also lodge a complaint with the OAIC if the privacy/data issue hasn’t been resolved. For more information, please visit https://www.oaic.gov.au/privacy/privacy-complaints/. Under the GDPR and UK GDPR
127. If the GDPR or UK GDPR applies to you, you have particular data protection rights. We have summarised those rights below and you can find further information on the website of the Data Protection Authority in your country
129. In certain circumstances, you have the following data protection rights:
a. You may access, update, or delete any information we hold on you. You will be
able to change some
information we hold in your account settings. Otherwise, please contact us for us to
assist you. (Right
b. You may rectify information that is incorrect or incomplete. (Right of rectification)
c. You have the right to object to our processing of your Personal Data. (Right to object)
d. You may request us to restrict our processing of your data. (Right of restriction)
e. You may request a copy of the information we hold on you, to be provided in a structured, machine-readable, and commonly used format. (Right to data portability)
f. You may withdraw your consent for us to process your data. Please note that this will mean that many features of our Service will be unavailable, such as logging in. (Right to withdraw consent)
130. Please note that we may ask you to verify your identity before responding to such requests.
131. You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local Data Protection Authority in the European Economic Area (EEA).
132. If you are in the UK, you have the right to submit a complaint to the UK Information Commissioner. For more information, please visit https://ico.org.uk.
CHANGES TO THIS DOCUMENT AND OUR OTHER DOCUMENTS
133. We may update this document from time to time. Any changes will be notified via posting the updated information on this page.
134. We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the "effective date" at the top of this document.
135. You are advised to review this document periodically for any changes. Changes to this document are effective when they are posted on this page.
136. Here is a list of our other policies and agreements:
b. Cookies Policy: www.citybeach.com/au/cookie-policy.html
137. If you have any questions about this document, the data we hold, or you would like to exercise one of your rights regarding the data, please contact us.
|Company||Fewstone Pty Ltd (ACN 010 496 465) as trustee for the City Beach Trust|
|Attention||Privacy and Data Protection Officer|
|Phone||1800 640 811 (AUS Only)|
|Postage||C/ Macpherson Kelley Lawyers L16, 324 Queen Street, Brisbane, QLD 4000, Australia|