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Privacy Policy

Privacy Policy Statement

  1. Mogo Clothing Australia Pty LTD ACN 010 765 984 trading as Scotch & Soda Australia and its related bodies is committed to providing a quality service to you and our ongoing obligation with respect of how we manage your Personal Information. Our staff are employed on the basis that they will protect information about you. Your rights to privacy are also protected by the Australian Privacy Principles under the Privacy Act 1988 (Cth). These privacy laws place strict requirements on us to treat certain information collected as confidential, to store your information securely and to allow you easy access to check and correct your information.

Scope of Our Privacy Policy

  1. Our Privacy Policy applies to the Personal Information we collect, store, maintain and use about you as our customers, visitors to our website, social media pages and other digital services (“Online Services”), or stores and members of the public. Personal Information we collect from job applicants as part of our recruitment process is also governed by our Privacy Policy.

Consent

  1. By using Our Services, you agree to this Privacy Policy and consent to the collection and use of information by us in accordance with this Privacy Policy. Please note that we reserve our right to amend, remove or vary this policy from time to time without notice. You should check this page regularly to take notice of any changes we may have made to this policy.

What Personal Information Do We Collect?

  1. During our relationship with you, we may collect Personal Information from you. Examples of the types of Personal Information we may collect includes your name, contact details, mailing and delivery addresses, email address, birthday, facial image, your shopping or browsing behaviours, voice recording (from customer service calls) and any other personally identifiable information that you have provided us in any form you may have submitted to us, or in the course of any other forms of interaction between you and us.
  1. Where such information pertains to an identified individual - Personal Information may also include network and device data such as IP address and device or advertising identifiers and information we obtain using cookies or other tracking technologies.
  1. We may also collect information about you from third-party sources and platforms (including data validation services, authentication service providers, social networking sites, online marketing and segmentation providers and ad targeting companies) to supplement the information we collect directly from you.  
  1. If you provide us with Personal Information relating to a third-party by submitting such Personal Information to us, you represent to us that you have obtained the consent of the third-party to provide us with their Personal Information for the respective purposes. By (1) clicking “Yes” on our Privacy Policy pop-up or any web form referring to this Privacy Policy on any of our online Platforms, (2) submitting your Personal Information to us when signing up for an account on the Website or App, (3) browsing our Website, or (4) ordering any of our products and services, you are agreeing to the terms of this Privacy Policy.

How Do We Collect Your Personal Information?

  1. We collect Personal Information from you when:
    • You register an account on the Website;
    • You use any of our related services, such as subscribing to our newsletter or product notifications;
    • You browse our products and services or otherwise interact with our Website;
    • You accept our cookies and other tracking technologies on your device;
    • You interact with our Customer Service Team or other representatives, for example, via our webform, chat, emails, telephone calls, letters, or face-to-face meetings;
    • You interact with us on our Social Media, such as liking our posts, commenting on our posts, private messaging us on our Social Media;
    • You purchase a gift card for redemption from us;
    • You participate in our promotions and giveaways, initiatives or any request for additional Personal Information such as customer surveys;
    • We consult publicly available sources of information, or receive references or referrals from marketing and business partners, Related Companies, and third parties;
    • Your authorised representative submits your Personal Information to us for any purpose reasonably authorised by you, for example if such representative is purchasing our product or service to be delivered to you or as a gift;
    • Our third-party analytics and other service providers, business or commercial partners provide your Personal Information to us, which was collected and processed by them and disclosed to us pursuant to their separate privacy policies; or
    • You voluntarily submit your Personal Information to us for any reason.
    • Your credit card details are collected, processed and stored directly by our third-party payment processors pursuant to their terms of use and privacy policies. Only if selected in checkout will we store your credit card details to assist with future checkout process, these details can be updated and/or deleted in your Account Details or if you require further assistance in removing or updating your credit card details, contact our Customer Service Team here.

Cookies and Tracking Technologies

  1. We also make use of “cookies” on our websites which may collect and store Personal Information. A cookie is a small software message sent to your web browser by our web server. Your browser stores the message in a file and the message is then sent back to our servers each time your browser requests a page from our servers.
  1. We use cookies to gain statistics on which areas of our sites attract traffic. We also use cookies to improve your experience of our websites. For example, cookies allow us to recognise whether you are returning to our websites. In addition, we make use of third parties who use cookies to serve ads based on past visits to our website. This may allow us to alert you to products or offers which we think you might be interested in viewing.
  1. Most Internet browsers are set up to accept cookies. If you do not wish to receive cookies, you will need to adjust the settings of your browser to refuse all cookies or to notify you each time a cookie is sent to your computer. Please note that some of our Online Services will not function if your browser does not accept cookies. By using our Online Services, you consent to the use of cookies. 
  1. We use Google Analytics Advertising Features to promote our Services. Google and other third parties collect data about traffic to this site via advertising cookies and identifiers. This enables us to display ads on other sites that are relevant to you, based on your previous visits to this site. If you would like to prevent your data from being used by Google Analytics, please click here: https://tools.google.com/dlpage/gaoptout
  1. When you click on links and banners on our sites that take you to third-party websites, you will be subject to that third-party's privacy policies. While we support the protection of privacy on the internet, we cannot be held responsible for the actions of any third-party websites.

Why Do We Collect This Information?

  1. We use the information to customise and provide Our Services and plan product development so that we can provide you with relevant consumer information and notify you of products and special offers that may be of interest to you. We also collect this information so that we may provide value-added services and marketing and remarketing, our Associated Entities (as defined in the Corporations Act 2001 (Cth)) and our promotional partners through our websites, social media channels or other marketing mediums. 

Do We Share Personal Information with Third Parties?

  1. We may disclose information we hold to our directors, officers, employees and other Associated Entities within our corporate group for business purposes, the purpose of operating a loyalty program and marketing or remarketing purposes through our websites, social media channels or other marketing mediums.
  1. We do our best to minimise the disclosure of your Personal Information to the information necessary.
  1. You acknowledge and agree that, should we sell, merge or otherwise change control of our business, our company or the Website to a third-party:
  • We shall be permitted to disclose the Personal Information and other information that we have collected from you to the third-party, without giving notice or seeking prior consent from you; and
  • We shall be entitled to assign the benefit of any agreements we have with you to the third-party.

How Can I Access or Correct My Personal Data?

  1. You may access or correct some Personal Information including your name, birthday, shipping and billing addresses by logging in to your user account on the Website under “Account Information”.
  1. For Personal Information that cannot be corrected by you by logging in to your user account on the Website, you may request to access and correct such Personal Information by submitting a written request to us via our Customer Service Contact Form. We may need to request additional information from you to confirm your identity before providing the access or making corrections.
  1. We will do our best to respond to Personal Information access and correction requests within 30 days. Where we are unable to meet this timeline, we will update you with the soonest possible time within we can provide the information or make the correction. Please note that certain types of Personal Information access and correction requests may be exempt under Applicable Laws, and we may charge you a reasonable fee for the handling and processing of your Personal Information access request, if permitted by Applicable Laws.
  1. While we make reasonable efforts to provide our users with access to their Personal Information, there may be circumstances in which we are unable to provide such access, including but not limited to: where the information in question is legally privileged, would compromise the privacy or other legitimate rights of other persons, where the burden or expense of providing access would be disproportionate to the risks to your privacy, where the request is clearly excessive or unfounded, or where the information requested comprises proprietary business information.

Security of Your Personal Information

  1. We understand the importance of your Personal Information and have appropriate procedures in place to safeguard and secure the information we collect to prevent unauthorised access or disclosure, maintain data accuracy and ensure the appropriate use of information. We also take measures in respect of destroying or de-identifying Personal Information that is no longer needed for any lawful purpose.

Marketing Messages

  1. If you have said we can, we’ll send you marketing messages by email or SMS, to keep you aware of what we’re up to and to help you see and find our products.

How Can I Unsubscribe or Delete My Account?

  1. If you wish to withdraw your consent for us to send you marketing communications, you can do this as follows:
    • through your account settings on our site;
    • to withdraw consent for marketing emails - by clicking on the ‘Unsubscribe’ or ‘Update your preferences’ link in the email;
    • to withdraw consent for marketing SMS - by following the steps provided in the SMS; or
    • by contacting our Customer Service
  1. Once we receive notification that you wish to withdraw your consent for receiving marketing communications, it may take up to 14 days for your withdrawal to be reflected in our systems.  Please note you may still receive marketing communications during this period.
  1. If you withdraw your consent to receive marketing communications through a specific communication mode (e.g. SMS) we may still contact you via other communication modes you have subscribed to (e.g. email).  
  1. Note it is not possible to unsubscribe from non-promotional (transactional) communications relating to your online orders or the operation of your account.
  1. You may remove your account by contacting Customer Service on 1800 375 099 or by submitting a request here. We will process such a request within a reasonable time from receiving notice from you of your withdrawal of consent. Once the processing is complete, we will no longer collect, use and/or disclose your Personal Information, except to the extent we retain your Personal Information for compliance, regulatory or other legal purposes.

Administration and Management of Personal Information

  1. You should ensure that all Personal Information you submit to us is complete, accurate, up-to-date and correct. Failure to do so may result in our inability to provide you with the products and services you have requested. You should keep us updated of any relevant changes to your Personal Information. We will not be responsible for relying on inaccurate or incomplete Personal Information if you have not updated us of such changes.
  1. We will make reasonable efforts to ensure Personal Information likely to be used by us or disclosed by us to another organisation is accurate, up-to-date and correct.  

Contact us

  1. For any questions relating to your Personal Information or about this Privacy Policy, if you have a complaint regarding the collection, use or handling of your Personal Information by us, or a question about how we are complying with Applicable Laws, you may contact our customer service department. Customer Service telephone number: 1800 375 099 (AU) or use our customer service form here.
  1. Emails and letters should clearly state that you are making a data protection query, request or complaint in the subject line to ensure the matter is dealt with expediently. We will strive to deal with any query, request or complaint promptly and fairly.
  1. You can find more information about privacy and the protection of your Personal Information on the website of the OAIC at https://www.oaic.gov.au/

Governing Law

  1. This Privacy Policy and your use of this Website shall be governed in all respects by the laws of Australia.

Updates on Data Protection Policy

  1. As part of our efforts to ensure that we properly manage, protect and process your Personal Information, we will be reviewing our policies, procedures and processes from time to time.  In this regard, Scotch & Soda Australia may update this Privacy Policy to ensure that it is consistent with industry trends and any changes in legal or regulatory requirements in our discretion.

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