Privacy Policy

Ark Swimwear Pty Ltd ACN 608 773 628 is committed to protecting the privacy of customers' information.  We take all reasonable steps to follow practices and procedures that:

• ensure we comply with the Australian Privacy Principles (APPs) and any privacy code applying to us; and
• allow us to deal with enquiries and complaints about our compliance with the APPs and any applicable privacy code.

We may update this Privacy Policy from time to time, so we suggest you check the policy regularly to make sure you have up-to-date information.

If you are under sixteen, you must get permission from your parent or guardian before you:

• complete any forms, questionnaires or surveys for us; or
  
• accept any special offers or make any purchases from us.
  

1. WHY WE NEED TO COLLECT PERSONAL INFORMATION

Under the Privacy Act 1988 (Cth), 'personal information' means "information or an opinion about an identified individual, or an individual who is reasonably identifiable". The information/ opinion does not have to be recorded in writing or be true.

We collect personal information from customers so that we can:

• provide online shopping services;
  
• provide bespoke clothing;
  
• make style and size recommendations;
  
• review, assess and improve our products and services;
  
• research and develop new products;
  
• market our products and services; and
  
• analyse and predict customer behaviour
  
• provide introductions and collaboration opportunities with other brands and concepts
  
• suggest competition and social engagement opportunities.
  
• quickly process your transactions
  
• send periodic emails regarding your order or other products and services.
  
• allow us to better service you in responding to your customer service requests.
  

2. HOW WE COLLECT PERSONAL INFORMATION

We collect personal information directly from you when you:

• fill in a form on www.arkswimwear.com
  
• make a purchase from us or take advantage of one of our special offers.
  

When you visit www.arkswimwear.com, information relating to your visit and how you use the site may be collected (e.g. your IP address, the web pages you visit, and the length of your visit). Some of this may be personal information. We may use a third party service provider to collect and store information about use of our website(s). That third party may use cookies to provide its services (see "About Cookies" in section 11).

3. THE KINDS OF PERSONAL INFORMATION WE COLLECT

We may collect:

• your name, age and email address;
  
• your billing and shipping addresses;
  
• your account log-in details (including password);
  
• information about your purchases (including sizes and colours ordered);
  
• images (of you or otherwise) that are uploaded to our Instagram Gallery or social media channels and electronic newsletters that we distribute; and
  
• your credit or debit card details when buying from us online.
  

When you use a credit or debit card to buy from us online, your details are automatically transferred to a third party website for payment processing. Note that the privacy policy of the payment processor will apply to the card information you supply when completing the transaction.

4. HOW WE USE YOUR PERSONAL INFORMATION AND WHO WE DISCLOSE IT TO

• We use your personal information to:
  
• provide our services to you (including our online shopping and bespoke clothing services);
  
• make style and size recommendations to you;
  
• respond to any enquiries or complaints you may make;
  
• review, assess and improve our products and services;
  
• research and develop new products;
  
• carry out direct marketing and social media marketing activities (including posting); and
  
• help us analyse and predict consumer behaviour (but only where the information is aggregated and anonymous).
  

MARKETING CONSENT AND OPT OUT

By agreeing to our website terms and conditions you are consenting to us using your personal information for direct marketing and social media marketing. At any time, you can request us to stop sending you marketing communications. Simply email support@arkswimwear.com

DISCLOSURE TO THIRD PARTIES

We do not sell or rent our customers' names, addresses, email addresses or other personal information to third parties. We will only disclose your personal information as permitted by the APPs and as described in this Privacy Policy. We may disclose your personal information to: (a) a company that is "related "to us under the Corporations Act 2001(Cth) (but only for one of the purposes listed at the beginning of this section 4); (b) third parties we engage to help us provide our products and services , or to improve them (e.g. website designers and technical support providers); (c) third parties that provide us with marketing and advertising services (e.g. providers of electronic mailout services); (d) selected third parties who have agreed to work with us to make a joint product/ service offering to you, and who are under strict contractual obligations to treat your personal information confidentially); and (e) a third party that is taking over the assets or operations of one or both of us.

CONSENT TO DISCLOSURES By agreeing to our website terms and conditions, you are consenting to us making the disclosures in (a)-(e) above. Without your consent to these disclosures of your personal information, we will unfortunately be unable to provide you with our online services.

5. DISCLOSURE OUTSIDE AUSTRALIA

We may transfer and store your personal information outside of Australia. We only do so as permitted by the APPs and as described in this Privacy Policy. We will take reasonable steps to protect your personal information where overseas disclosure is required.

6. HOW TO ACCESS AND CORRECT PERSONAL INFORMATION

You can access and correct the personal information by logging into your account via www.arkswimwear.com using your account email address and password you created.

CORRECTION

If you request us to correct personal information we hold about you, we will take reasonable steps to make the correction so that, taking into account the purpose for which we hold the personal information, the information is accurate, up-to-date, complete, relevant and not misleading. If:

• we make a correction to personal information about you; and
  
• before making the correction we had disclosed the information to another entity that is covered by the APPs; and
  
• you request us to notify the other entity of the correction, we will take reasonable steps to give that notification, unless it is impracticable or unlawful for us to do it.
  

REFUSALS

If we refuse to:

• allow you access to the personal information we hold about you; or
  
• give access in the manner you request; or
  
• correct personal information about you as you request, we will write to you explaining at least:
  

• the reasons for our refusal (unless it would be unreasonable for us to give them); and
  
• how you can complain about the refusal.
  

If we refuse to correct personal information as requested by you, you may request us to associate with the information a statement that it is inaccurate, out-of-date, incomplete, irrelevant or misleading. We will then take reasonable steps to associate the statement with the information in a way that makes the statement apparent to users of the information.

7. HOW TO COMPLAIN ABOUT OUR TREATMENT OF YOUR PERSONAL INFORMATION

You can complain about a breach by us of the APPs or a registered privacy code, by emailing support@arkswimwear.com

Initially your complaint will be handled by our Customer Service Team, in accordance with established protocols for the particular type of complaint. If no handling protocol exists for your complaint, it will be referred to the relevant general manager for follow-up.

8. SECURITY

We will take reasonable steps to protect the personal information:

• misuse, interference and loss; and
  
• unauthorised access, modification or disclosure.
  

We make every effort to follow industry standard security measures for personal information under our control. All financial information is encrypted during transmission, and we self-certify against industry security standards for payment processing. Only authorised staff and consultants have access (on a restricted basis) to the personal information we collect. We regularly review developments in security and encryption technologies. Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Accordingly, although we endeavour to protect information you transmit to us, we cannot ensure or warrant the security of that information, and you transmit it at your own risk. You may be able to configure your browser to advise you whether the information you are sending us will be secure (encrypted) or not secure (unencrypted). Once we receive your transmission, we take reasonable steps to protect the information on our own systems. For more information you might like to refer to the OAIC Guide to Information Security, at:http://www.oaic.gov.au/privacy/privacy-resources/privacy-guides/guide-to-information-security

ACCOUNT DETAILS

When registering on www.arkswimwear.com, you will receive account details including a password of your choice. You are responsible for maintaining the confidentiality of your password and other account details. You are also fully responsible for all activities that occur on your account or involve the use of your password.

9. WHAT HAPPENS IF YOU DON'T PROVIDE THE PERSONAL INFORMATION WE REQUEST

If you do not provide personal information as requested by us we may not be able to respond to an enquiry or provide some or all of our online services (including but not limited to our digital printing services). 

10. DESTRUCTION AND DE-IDENTIFICATION OF PERSONAL INFORMATION

We will take reasonable steps to destroy or de-identify personal information if:

• we no longer need to use or disclose the information in any of the ways we are entitled to use or disclose it under the APPs; and
  
• we are not legally required to keep the information.
  

11. EEA/UK (GDPR)

If the GDPR applies, in the Privacy Policy, "Personal Information" shall also include the definition of "Personal Data" under the GDPR and terms that are defined in the GDPR shall be defined in the Privacy Policy in accordance with the GDPR.

If the GDPR applies, this paragraph applies in addition to the above paragraphs to the extent that we are acting as a “Data Controller” with respect to your Personal Information.

11.1 YOUR RIGHTS

Under the Data Protection Act 2018, you have the right to find out what information we store about you.

(a) Right of access (Art.15)

You have the right to obtain confirmation as to whether or not your Personal Information is being processed and, if so, you may request access to that Personal Information, including the purposes of the processing.

(b) Right of rectification (Art.16)

You have the right to obtain the rectification of inaccurate Personal Information concerning you and you have the right to have incomplete Personal Information.

(c) Right of erasure (Art.17)

You have the right to obtain the erasure of your Personal Information without undue delay if:

your Personal Information is no longer necessary for the purpose of the data processing;

you have withdrawn your consent on the data processing based exclusively on such consent;

you object to the data processing;

the personal information must be erased to comply with a legal obligation under certain rules of the GDPR; or

the personal information processing is unlawful

(d) Right to restriction of processing (Art.18)

You have the right to obtain the controller restriction of processing where one of the following applies:

the accuracy of the Personal Information is contested by the data subject, for a period enabling the controller to verify the accuracy of the Personal Information;

the processing is unlawful and the data subject opposes the erasure of the Personal Information and requests the restriction of their use instead;

the controller no longer needs the Personal Information for the purposes of the processing.

(e) Notification obligation regarding rectification or erasure (Art.19)

Ark Swimwear shall communicate any rectification or erasure of Personal Information or restriction of processing carried out in accordance with Article 16, Article 17 and Article 18, to whom the Personal Information have been disclosed, unless this proves impossible or involves disproportionate effort.

(f) Right to data portability (Art.20)

You have the right to receive the Personal Information provided without the hindrance from the controller to which the Personal Information have been provided.

(g) Right to object (Art.21)

You have the right to object to our processing of your Personal Information for direct marketing purposes. If you make such an objection, we will cease to process your Personal Information for this purpose.

If you would like us to update the information, we have about you or your preferences, or if you have any questions about the protection of your personal information, please contact us by email at support@arkswimwear.com

12. OTHER MATTERS

UNSOLICITED INFORMATION If we receive unsolicited personal information about you, which we would not have been entitled to collect under the APPs, we will destroy or de-identify that information if it is lawful and reasonable for us to do so.

ABOUT COOKIES Web pages on www.arkswimwear.com may use 'cookies'. These are small files that are placed on your hard disk for data-collection purposes. Like an IP address, a cookie helps a website remember who you are. Cookies can make your subsequent visits to a website more seamless. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether or not to accept it. However, by not accepting cookies, some web pages may not display properly or you may not be permitted to access certain information.

GOVERNMENT-RELATED IDENTIFIERS

We will not adopt, use or disclose any identifier that has been issued by a government or government agency in relation to any individual or personal information.

COPIES OF PRIVACY POLICY

If a person or entity requests a copy of this Privacy Policy in a particular form, we will take reasonable steps to comply with that request.