Privacy Policy

ELEMENT PRIVACY POLICY (AUSTRALIA AND NEW ZEALAND)

Date: 15 October 2014

1. Our Commitment to Your Privacy

GSM (Operations) Pty Ltd (ABN 67 085 950 803) and its related bodies corporate (as that term is defined in the Corporations Act 2001 (Cth)) (Element, we, our or us) respects the privacy of our customers and other individuals we deal with in the course of our business. Element entities operating in Australia are bound by the Australian Privacy Principles in the Privacy Act 1988 (Cth) (the Privacy Act), as well as other privacy laws applicable to us. Where appropriate, we will handle personal information relying on the employee records exemption and the related bodies corporate exemption in the Privacy Act. 

2. Kinds of personal information collected and held

Element may collect, use and disclose the personal information of its customers and other individuals for the purposes of its business operations. In each case, the precise nature of the collection, use and disclosure of personal information depends on the nature of your interaction with us (for example, the products or services you request and receive from us). 

We may collect personal information about you in a number of circumstances, including if you:

  • contact us;
  • are a customer (for example, we may collect your contact details and credit card details);
  • enter a competition;
  • sign up for a loyalty program;
  • participate in any online forums or blogs;
  • complete any surveys or provide feedback;
  • are, or are employed by, one of our suppliers, contractors, dealers, related companies and agents; or
  • apply for a job or contract with us (for example, we may collect your contact details, information about your working history and relevant records checks). We may collect this information directly from you, from any recruitment consultant or from your previous employers and others who may be able to provide information to assist us in our decision on whether or not to make you an offer of employment or engage you under a contract.

3. How your personal information is collected and held

3.1 General information

We collect personal information about you in a number of ways, including:

  • directly from you (for example, when you provide information to us by phone, email or through our website); and
  • from third parties, such as our related bodies corporate.

3.2 Information about your use of our website

In general, you can browse our website without telling us who you are or revealing any personal information about yourself. We are, however, able to determine your IP address. We use your IP address to help diagnose problems with our server, to administer our website, to monitor the use of our website and to improve the content of our website. In short, we use your IP address to gather aggregate demographic information.

There are a few places on our website where you are able to provide us with your personal information directly, such as when you order a product, enter a contest or sweepstakes, fill out a survey, send us feedback, request owners and parts manuals or register your product online. The nature of the personal information we collect will depend on your use of the website. It is completely optional for you to engage in these activities. If you elect to engage in these activities, however, we may ask that you provide us personal information, such as your first and last name, mailing address (including post or zip code), email address, telephone and facsimile numbers, and other personal identifying information. When ordering products on our website, you may be asked to provide a credit card details. Depending upon the activity, some of the information we ask you to provide is identified as mandatory and some as voluntary. If you do not provide the mandatory data with respect to a particular activity, you will not be able to engage in that activity.

The Element website may contain links to other non-Element websites. Element is not responsible for the privacy practices of the entities who administer those non-Element websites or the content of such websites. You should exercise your best judgement when sharing personal information on these websites.

4. The purposes for which we collect, hold and disclose your personal information

We collect the personal information we need to provide products, services and information to our customers and the community and for our business operations generally.

If you choose not to provide certain personal information to us, we may not be able to provide you with the products, services or information you require.

We (and the organisations to which we disclose your information (see section 5 below)) generally use your personal information for the purposes for which it was collected or as otherwise permitted by law, for example to: 

  • provide you with services you requested;
  • process your order and contact you regarding administrative and processing issues;
  • conduct market research and marketing; and
  • provide you with the latest product and promotional material and other information that may be useful to you.

From time to time, we may send you marketing communications about our products and services. If you do not wish to receive further marketing communications from Element you can send us an email at info@au.elementbrand.com for Mens or info@au.elementeden.com for Ladies and tell us that you do not want to receive future communications. 

5. How your personal information may be disclosed

We may disclose your personal information to various entities depending on what services you receive from us, for example:

  • our related bodies corporate;
  • the card-issuing bank to confirm payment for products purchased on our website;
  • delivery service providers so that they can deliver products you have ordered from us;
  • our dealers, business partners or organisations we have engaged to provide services or carry out functions and activities on our behalf;
  • our professional advisers, including our legal advisors, accountants and auditors;
  • other persons, including government and regulatory agencies, as required or authorised by law; and
  • organisations that acquire (or propose to acquire) all or a part of our assets or business.

We may disclose personal information to any Element related body corporate or subsidiary, and certain information technology service providers, located in the United States of America or New Zealand.

6. Keeping information secure

We want you to have continuing trust in Element and in our products and services and, so, we have put in place reasonable physical, electronic and managerial procedures to safeguard and secure your personal information.

In order to most efficiently serve you, credit card transactions and order fulfilment are handled by established third party banking, processing agents and distribution institutions. They receive the information needed to verify and authorise your credit card or other payment information and to process and ship your order.

Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, you acknowledge that: (a) there are security and privacy limitations of the Internet which are beyond our control; (b) the security, integrity and privacy of any and all information and data exchanged between you and us through our website cannot be guaranteed; and (c) any such information and data may be viewed or tampered with in transit by a third party.

7. How you can access or seek correction of your personal information or make a complaint

You can seek access to personal information that we hold about you by contacting the Element Privacy Officer using the details set out in section 9 of this Privacy Policy. In some circumstances it may not be possible to provide you with all of your personal information. Where this is the case, we will tell you why. When you request access, we may need to take measures to verify your identity.

If you think that any personal information we hold about you is inaccurate and would like to request that we correct it, please contact our Element Privacy Officer using the details set out in section 9 of this Privacy Policy and we will take reasonable steps to ensure that it is corrected. 

If you wish to make a complaint about the way we have handled your personal information (including if you think we have breached the Privacy Act) you may do so to our Element Privacy Officer in writing, by mail or email to the address or email address set out in section 9 of this Privacy Policy.  When you contact us, please include your email address, name, address and telephone number and clearly describe your complaint. Our Element Privacy Officer will acknowledge your complaint and respond to you regarding your complaint within a reasonable period of time. If you consider that we have failed to resolve the complaint satisfactorily, we will provide you with information about the further steps you can take.  

8. Changes to our privacy policy

We may need to update our Privacy Policy from time to time to reflect our changing business practices. We may modify or update our Privacy Policy by publishing the modified or updated version on our website. We encourage you to check our website periodically to ensure that you are aware of our current Privacy Policy.

9. How to contact us

For access and correction enquiries and complaints, please contact our Element Privacy Officer using the contact details provided below. 

Element Privacy Officer

Address: No.1 Billabong Place, Burleigh Heads 4220, Qld, Australia

Email: Mens: info@au.elementbrand.com Ladies: info@au.elementeden.com

Telephone: +61 7 5589 9899