Privacy Policy | Tommy Bahama Australia

Tommy Bahama Australia Pty Ltd (ACN 158 639 064) ("Tommy Bahama", "we", "our" or "us") is committed to respecting your privacy. We are bound by the Australian Privacy Principles contained in the Privacy Act 1988 (Cth). This Privacy Policy (”Policy”) explains how we collect, use, disclose, and hold your personal information through our website and other online products and services that link to this Policy (collectively, the "Services"), or when you otherwise interact with us. Please review this Policy carefully.

If we make changes to this Policy, we will notify you by revising the date at the bottom of the Policy. In some cases, we may provide you with additional notice (such as adding a statement to our homepage or sending you a notification).

OUR PRIVACY POLICY: CONTENTS

  1. Collection of Personal Information

  2. Use of Personal Information

  3. Disclosing Personal Information

  4. Overseas Disclosure

  5. Holding Personal Information

  6. Your Choices

  7. Advertising and Analytics Services Provided By Others

  8. Links to Other Sites

  9. Accessing and Correcting Your Personal Information

  10. Making a Complaint

  11. Contact Us

 

1. Collection of Personal Information

The types of personal information we collect about you depend on your interactions with us and are described in more detail below.

1.1 Personal information you provide directly to us

We collect personal information directly from you, when you engage in any of the activities listed below:

  • place an order from our website;

  • make a purchase at one of our Tommy Bahama Full-Price Retail Stores or Tommy

    Bahama Outlet Stores (collectively, our "Stores");

  • return an item or make an exchange from a previous purchase;

  • inquire about our products or services;

  • contact us to request assistance or provide feedback, including correspondence with Guest Services or our Store associates;

  • create an online account and profile;

  • subscribe to receive our emails;

  • enter a contest or sweepstakes;

  • participate in a marketing survey, promotion, or event; and

  • participate in Tommy Bahama social media including ratings & reviews and stories. The types of personal information we collect directly from you may include your:

  • name;

  • email address, postal address, and/or phone number;

  • birthday;

  • marketing preferences and/or product preferences;

  • account information (such as account password and promo award cards);

  • payment information;

  • information you provide to Guest Services; and

  • information provided in your product reviews (such as user name, city, state, age range, height and body type).

1.2  Personal information we collect automatically


 

We automatically collect personal information when you access and use our Services or shop in our Stores. The types of personal information we automatically collect may include:

  • networking and device information, such as your browser type, hardware model, operating system version, IP address, unique device identifiers, and language settings;

  • information about your activity on our Services, such as your access times, pages viewed, the routes by which you access our Services, and your use of any hyperlinks available within our Services;

  • information about your purchases or transactions with us, including records of products or services you have purchased, returned or are considering purchasing from us;

  • information collected via cookies, web beacons, and other tracking technologies, including information about your browsing behaviour, purchase behaviour, and other engagement with our Services (see Section 7: Advertising and Analytics Services Provided by Others below for further information); and

  • video recordings and photographs we collect in our Stores for security, fraud and loss prevention purposes; and

  • geolocation in accordance with your device permissions.

1.3 Personal information we collect from third parties

 

 

 

 

We may collect personal information about you from third parties. For example, we may collect personal information about you from:

  • other companies when we offer joint promotions and marketing campaigns;

  • other customers who provide information about you, such as to send you a gift or sign up

    for a refer-a-friend program; and

  • advertising networks and cooperatives, demographic companies, analytics companies, data hygiene and append companies and market research companies.

    The types of personal information we collect from other sources may include your:

  • name;

  • contact information;

  • demographic information;

  • product preferences; and

  • product purchases.

1.4 Personal Information We Derive

We may derive information or draw inferences about you based on the other types of personal information we collect. For example, we may infer your location based on your IP address or that you are interested in purchasing a certain type of clothing based on your browsing behaviour on our Services.

 

2. Use of Personal Information

 

We use the personal information we collect to provide you with the best possible customer experience. Specifically, we use personal information to:

  • provide our products and services, complete transactions and as otherwise needed to carry out our ongoing business relationship with you;

  • communicate with you about products, services, contests, promotions and other information, unless you have opted out of such communications (see Section 6.1: Opting Out of Marketing Communications below for more information);

  • administer and fulfil our contests, sweepstakes and other promotions and deliver rewards;

  • identify, report and repair errors that impair functionality of our Services;

  • analyse trends and statistics, learn more about your shopping preferences and your interaction with our Services, and improve your shopping experience;

  • detect, investigate, and prevent security incidents and protect against malicious, deceptive, fraudulent, or illegal activity;

  • respond to your comments, questions and requests and provide customer service;

  • personalise and improve the Services and provide advertisements, content or features

    that match your profiles or interests;

  • link or combine with information we get from others to help understand your needs and provide you with better service; and

  • carry out any other purpose described to you at the time the information was collected.

 

3. Disclosing Personal Information

 

 

 

 

 

We may disclose your personal information for the purposes described below:

  • To our Officers and Employees. We may share personal information with our officers and employees who have a genuine business need to know your personal information.

  • To our Affiliated Companies. We may share personal information with our holding company, subsidiaries and affiliates for the purposes described in Section 2: Use of Personal Information above.

  • To our Service Providers. We share personal information with our service providers who perform services on our behalf, such as sending communications to our customers, conducting surveys, processing payments, conducting analytics, providing logistics services, etc. We contractually restrict these service providers from making any other use or disclosure of your information.

  • To our Partners. We may share personal information when we partner with another company in a joint marketing program to offer or provide products, services, contests, or promotions to our customers. If you want to opt-out of this sharing, please contact us using the details in Section 11 below.

  • To other Entities for Marketing Purposes. We may share your name, postal address, and shopping history with like-minded organisations for their direct mail marketing purposes. From time to time, we might establish a business relationship with other persons or entities whom we believe are trustworthy and, to the extent permitted by law, rent, exchange, share and/or cross-reference information, including contact information, demographic information, and purchase history. If you want to opt-out of this sharing, please contact us using the contact details in Section 11 below.

  • In Connection with a Corporate Transaction. Personal information may be disclosed or transferred as part of, or during negotiations of any purchase, sale, lease, merger, amalgamation or any other type of acquisition, disposal, securitisation or financing involving Tommy Bahama.

  • To our Professional Advisors. We share personal information with our legal, financial, insurance and other advisors in connection with the kinds of corporate transactions described above or in connection with the management of all or part of Tommy Bahama’s business or operations.

  • To Law Enforcement Agencies and Individuals Involved in Legal Proceedings or otherwise in accordance with the Law. We may share personal information about you, if reasonably necessary, to comply with laws or regulations or in response to a valid subpoena or court order, or to protect the rights of Tommy Bahama or others.

  • With Your Consent or at Your Direction. We share personal information with third parties when we have your consent, or you intentionally direct us, to do so. For example, if you decide to participate in certain interactive areas or features of the Services, such as writing a product review, you consent to the disclosure of any personal information you provide in connection with your post.

    We will not sell or otherwise provide your personal information to an unrelated third party, or make any other use of your personal information, for any purpose which is not related to the purpose for which you provided your personal information to us or the purposes described above. For the removal of doubt, personal information will not be used for any purpose which a reasonable person in your position would not expect.

4. Overseas Disclosure

 

 

Our online store for Australia is hosted by Shopify. We may disclose personal information outside of Australia to Shopify whose servers are located in Canada. You should refer to Shopify's privacy policy to understand how Shopify will handle your personal information. Shopify's privacy policy is available here: https://www.shopify.com/legal/privacy.

We may also disclose personal information outside of Australia to our holding company and other Tommy Bahama companies located in the United States of America.

We will take reasonable steps to ensure that any overseas recipient will deal with personal information in a way that is consistent with the Australian Privacy Principles.

5. Holding Personal Information

 

 

We may hold your personal information in either electronic or hard copy form. We take reasonable steps to protect your personal information from misuse, interference and loss, as well as unauthorised access, modification or disclosure and we use a number of physical, administrative, personnel and technical measures to protect your personal information. However, we cannot guarantee the security of your personal information.

If we no longer need to hold your personal information, we will take reasonable steps to destroy or permanently de-identify that information.

6. Your Choices

6.1  Opting out of marketing communications

 

 

We and/or our carefully selected business partners may send you direct marketing communications and information about our Services. This may take the form of emails, SMS, mail or other forms of communication.

Tommy Bahama provides a choice in communication for customers so you can receive information from us at your discretion. If you would like to stop receiving promotional communications from us, please follow the unsubscribe or opt-out steps in the communication. Alternatively, you can contact us using contact details set out in Section 11 below. Please note that requests by email or phone may take up to five business days to process.

6.2  Geolocation information

 

 

You may choose not to provide your precise geolocation data in connection with your use of our mobile application by declining any prompt requesting such information. You may prevent this collection by changing your mobile device settings to prevent sharing of location information or by disabling Bluetooth on your device.

7. Advertising and Analytics Services Provided By Others

 

 

 

 

 

We may allow others to provide analytics services and serve advertisements on our behalf across the web. These entities may use cookies, web beacons, device identifiers and other technologies to collect information about your use of the Services and other websites and applications, including your IP address, web browser, mobile network information, pages viewed, time spent on pages or in apps, links clicked, and conversion information. This information may be used by us and others to, among other things, analyse and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests on our Services and other websites, and better understand your online activity.

We may also work with third parties to serve ads to you as part of a customised campaign on third-party platforms (such as Facebook, Microsoft or Google). As part of these ad campaigns, we or third-party platforms may convert information about you, such as your email address and phone number, into a unique value that can be matched with a user account on these platforms to allow us to learn about your interests and to serve you advertising that is customised to your interests. Note that the third-party platforms may offer you choices about whether you see these types of customised ads.

For more information about how we use cookies and your choices concerning cookies, please refer to our Cookie Policy available here: https://www.tommybahama.com/en/cookie-policy. For more information about interest-based ads, or to opt out of having your web browsing information used for behavioural advertising purposes, please visit www.aboutads.info/choices.

8.  Links to Other Sites

 

 

Occasionally we provide links on our websites to other sites we think you will enjoy. These sites operate independently of us and have established their own privacy and security policies. For the best online experience, we strongly encourage you to review these policies at any site you visit.

We are not responsible for the content or practices of any linked websites which are provided solely for the convenience and information of our visitors.

9. Accessing and Correcting Your Personal Information

 

 

 

You are entitled to access any of your personal information which you have previously provided to us. We will take reasonable steps to provide you with access if we are able to do so. If we are unable to provide you with access, we will explain why.

If you believe that any personal information that we hold about you is incorrect, incomplete or inaccurate, then you may request that we correct our records.

To request access or correction to any personal information about you that we may hold, please contact us using the contact details set out in Section 11 below.

10. Making a Complaint

 

 

 

If you think we have breached the Privacy Act 1988 (Cth), or you wish to make a complaint about the way we have handled your personal information, you can contact us using the contact details set out in Section 11 below. Please include your name, email address and/or telephone number and clearly describe your complaint.

We will acknowledge your complaint and respond to you regarding your complaint within a reasonable period of time.

If you are not satisfied with our response, you can contact the Office of the Australian Information Commissioner. As at the date of this Policy, the contact details for the Commissioner are:

Office of the Australian Information Commissioner

GPO Box 5218
Sydney NSW 2001
Phone: 1300 363 992
Email: enquiries@oaic.gov.au
Online: oaic.gov.au/privacy/privacy-complaints

11. Contact Us

 

 

 

 

For further information about our Policy or practices, to access or correct your personal information, or to make a complaint, please contact us using the details set out below:

TEL: +1866 986 8282 (International call)

Email: internationalgs@tommybahama.com

Last Revised: September 2020

Note around payments:

Payments are processed securely by Shopify and SecurePay.