policies

Privacy Policy

1. Our Commitment to Privacy

In this Privacy Policy, we means Austradia Pty Limited trading as topman (ACN 151 420 549) (ABN 48 151 420 549), including its successors, assignees, associates and related bodies corporate (defined in the Corporations Act 2001), unless otherwise stated. Please note that this Policy applies to www.topman.com.au, and does not apply to international topman entities and their websites, including www.topman.com.

This Policy outlines how we manage your Personal Information and applies to your use of the website we own and our apps and your dealings with us as a customer, subscriber or a member of our loyalty program (collectively, our “Services”). Your information is collected, used and disclosed by us in accordance with the Privacy Act 1988 (Cth) (“Privacy Act”).

By accessing or using our Services, you represent to us that you have read, understood and consent to our collection, use and storage of your Personal Information and Sensitive Information as described in this Policy. Please note that this Policy is to be read in conjunction with our Terms of Use.

2. Types of Personal Information we collect

The types of information we collect will vary depending on your dealings with us, and the products, Services we provide to you.

Personal Information from you

We lawfully collect Personal Information, as defined in the Privacy Act, when you register, use, subscribe to, purchase from or take part in any of our Services.

We collect information that you provide to us via use of our Services as well as through any other means used to contact us (such as email or phone). The kinds of Personal Information we collect may include your contact details and enquiry information such as your name, address, email address, phone number, mobile number, date of birth, gender, password, and where applicable, your billing information, transaction details and credit card information and information regarding any loyalty membership.

Automatically collected Personal Information

Information is also generated whenever your device and/or its software is used to access our Services, including your IP address, browser type, internet service provider, platform type, the specific page you are on, the website from which you came and the website to which you are going when you leave our website, date and time stamp and cookies that may uniquely identify your browser. We collect such information for statistical and maintenance purposes so that we can evaluate and improve our website performance, and Services.

Please note that some of the information we collect, for example an IP address, can sometimes be used to approximate a device's location.

Cookies

Some parts of our websites use "cookies". A cookie is a small text file that is placed on your computer's hard-drive by a web page server. Cookies store information about your use of our website, and enable us to identify new or previous visitors, and provide additional benefits to you, such as retaining products that were added to the cart last time you visited. Most web browsers are set to accept cookies, but this function can be disabled if you wish, however please be aware that if you choose to do this, some functionality of our website may not be available to you.

3. Why we collect Personal Information

We collect your Personal Information, as outlined in this Policy, for the purposes described below:

a) For provision of the Services, including the general provision of the functions and features that are part of the Services;
b) For fulfilment of orders or purchases that you make from us or our website and associated uses;
c) To offer or provide you with loyalty benefits, discounts or other such activities that may be operated by us or third parties;
d) For administration and operational purposes, including accounting, risk management, record keeping, banking, archiving, systems development and testing, and staff training;
e) For communication with you and to provide messaging and/or communications to you in association with the functions and features of the Services;
f) For communicating to you any announcements and updates, updated terms, conditions and policies, security alerts, technical notices, purchase confirmation, invoices, support and administrative messages;
g) For security purposes, including to protect the Services and our property from abuse, fraud, malicious, unauthorised access or potentially illegal activities, and to protect our rights, safety and property;
h) For sending marketing communications to you either directly or through social media targeted advertisements, including notifying you of promotional or advertising offers, contests and rewards, upcoming events and other news about products and services offered by us and our selected partners that may be relevant to your interests and use of our Services;
i) To assist in identifying and improving upon methods to better provide our Services in a more effective and relevant manner to you and other customers; and
j) For the performance of other functions as may be otherwise be described at the time of collection or as consented to in relation to our Services.

4. How we collect Personal Information

We collect Personal Information from you through your use of our Services, such as when you create an online account, subscribe to our online newsletter or mailing list, transact with us, or partake in a service, in the course of providing you that service, or when you have other dealings with us.

We may collect and update Personal Information over the phone, over the Internet, in person (for example at a topman store), when you write to us, or if you participate in our marketing campaigns, competitions and promotions. We may also collect your Personal Information if someone enters this information on your behalf (for example if a gift is purchased for you from our website).

5. Storage and protection of Personal Information

We store Personal Information in a combination of secure computer facilities and paper-based files. In so doing, we have taken reasonable steps to protect your Personal Information from misuse, loss and unauthorised access, modification or disclosure in accordance with this Policy. Electronic Personal Information we collect from you is stored on password-protected virtual servers.

We use a RapidSSL CA SSL certificate from GEO Trust Inc. for extra security. This is a high-grade RSA2048bit Encryption key (supporting Camellia-256, AES-256 cipher) that ensures your payment and Personal Information remains secure during your payment. Some information may also be stored in physical form where necessary. Your Personal Information including payment details are securely stored by FatZebra (our payment partner), which is PCI DSS compliant. You can view FatZebra's Privacy Policy here.

Access to files containing your Personal Information is granted to our officers, employees and contractors, and is also granted to our third party service providers such as our website host.

We reserve the right to retain and store any Personal Information or data where, we reasonably believe, in our sole discretion, that such action is required to comply with any legal or regulatory obligations, to prevent criminal or other unlawful activity whether immediate or in the future, or where we have a legitimate business reason to do so, including collection of amounts owed, resolving disputes, enforcing our Terms and Conditions or for record keeping integrity.

If we determine that your Personal Information is no longer be needed for the purposes outlined in this Policy, reasonable steps will be taken to destroy or permanently de-identify that information except where required by law or a court or tribunal to retain the information.

6. How we use Personal Information

Disclosure of your Personal Information will occur in accordance with the purpose for which it was collected or as outlined in this Policy. Accordingly, your Personal Information may be disclosed as outlined below.

topman, Related Bodies Corporate

Your Personal Information may be accessed by us, including our officers, employees, and contractors. You consent to us providing your Personal Information to our Related Bodies Corporate (as defined in the Corporations Act 2001 (Cth)).

Parties required by law

Your Personal Information may be disclosed by us to any party to whom we are required by law to provide your Personal Information and to any party to whom disclosure is permitted under the Australian Privacy Principles.

Direct marketing

By accessing or using our Services, you consent to us using or disclosing your Personal Information (other than Sensitive Information) to keep you informed about our products and services and other products and services that we consider may be of interest to you. For this purpose, disclosure may be made to our third party service providers. We may communicate with you via email, social media, SMS, newsletters, telephone or regular mail. If you have indicated a preference for a method of communication, we will endeavour to use that method wherever practical to do so.

You can opt-out of direct marketing communication activities undertaken by us at any time by clicking the “unsubscribe” or “opt-out” link on email communications from us, or by contacting us. Note that you cannot opt-out of non-promotional messages necessary for the provision of Services to you, such as our replies to contact requests.

Other third parties

We may share your Personal Information with third parties if it is reasonably related to the provision of our Services.

The third parties that we may share your Personal Information with include consultants and other service providers to us that perform services on our behalf. Such services we procure may include identifying and disseminating advertisements, logistics and operational advice, enforcement of our terms and conditions, providing fraud detection and prevention services, processing payments or providing analytics services.

We may also provide personal information to social media companies such as Google where we undertake targeted advertising based on your shopping behaviour and information collected from the cookies on your computer.

We may also share your Personal Information with third parties in a separate agreement, in connection with any company transaction (such as a merger, sale of assets or shares, reorganisation, financing, change of control or acquisition of all or a portion of our business by another company or third party) or in the event of bankruptcy, dissolution, divestiture or any related or similar proceedings.

Note that we reserve the right to share your Personal Information with other third parties where, in our sole discretion, it is required to:

a) investigate and defend ourselves against any third party claims or allegations;
b) protect against harm to the rights, property or safety of topman or the public as required or permitted by law; and
c) Detect prevent or otherwise address criminal (including fraud or stalking), security or technical issues.

7. Third Party Websites

Our Services may, from time to time, contain links to and from websites which are owned or operated by other parties. Our links to third parties do not constitute sponsorship, approval, endorsement of the content, policies, practices or services offered by those parties unless expressly stated by us in writing

These websites are governed by their own terms of use and privacy policies and we recommend that you make your own enquiries as to their terms of use and privacy policies. We are not responsible and do not accept any liability for any information on, or the privacy practices of, any third party websites.

8. Access to Personal Information

We take reasonable steps to make sure that the Personal Information we collect, use or disclose is accurate, complete and up-to-date. If your Personal Information changes, such as your address or phone number, please contact us to update your details.

At any time, you may request access to Personal Information we hold about you. Following a written request from you, we will provide you with a copy of any Personal Information which we hold about you in accordance with our obligations under the Privacy Act. We may refuse to provide access if the law allows us to do so, in which case we will provide reasons for our decision as required by law.

You may also submit a written complaint about how we handle your Personal Information to our Privacy Officer. We will promptly acknowledge and investigate any complaint about the way we manage Personal Information. If you are not satisfied with our handling of your complaint or we have not replied to you within a reasonable period of time, then you are entitled to make a complaint to the Office of the Australian Information Commissioner.

Please note that if you opt out of receiving certain communications, this will only affect future communications from us and will not affect any communications that have already occurred or any information already stored about you.

9. Amendments

We reserve the right to amend this Policy from time to time as we see fit. While we endeavour to notify you as soon as reasonably possible of any changes to this policy by email or by a notice on our website or mobile app, it is your responsibility to keep up to date with any changes or amendments by checking this page prior to using our Services. This page contains our most accurate and up to date version of our Privacy Policy.

10. Contacting us

If you have any questions about this privacy policy, if you wish to update information we hold about you or if you wish to make a complaint, please write to: shop@tstm.com.au or call 1300 867 747

11. Disclaimer

This Policy does not replace or limit the requirements of the Privacy Act. For more information about privacy issues in Australia and protecting your privacy, visit the Australian Federal Privacy Commissioner's website; http://www.privacy.gov.au/