Privacy Policy

This Privacy Policy (“Policy”) explains how Tommy Bahama Australia Pty Ltd (ACN 158 639 064) ("Tommy Bahama", "we", "our" or "us") collects, uses, discloses, and holds information about you. This policy applies to personal information we collect when you access or use our website and other online products and services that link to this Policy (collectively, the "Services"), shop in our stores, communicate with guest services or when you otherwise interact with us. Please review this Policy carefully.

We may change this Policy from time to time. If we make changes to this Policy, the updated policy will take effect from the date at the bottom of the Policy. If we make material changes, we will provide you with additional notice (such as adding a statement to our homepage or sending you a notification by email if you hold an online account with us). We encourage you to review this Policy regularly to stay informed about our information practices and the choices available to you.

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. Links to Other Sites
  8. Accessing and Correcting Your Personal Information
  9. Making a Complaint
  10. Contact Us

 

1. Collection of Personal Information

The types of personal information we collect about you and how we collect your personal information 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, including 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;
  • participate in Tommy Bahama social media including ratings & reviews and stories;
  • interact with us on social media, including by posting content and tagging us; and
  • voluntarily submit personal information to us for any reason.

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;
  • size information;
  • 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).

If you make a purchase from us, we work with third-party payment processors, including Shopify, to collect and process your payment information. We do not directly collect your credit card details to process your payment or for customer service purposes. 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. None of your credit card details are permanently stored with us. However, we may collect your bank account details to process refunds.

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:

  • Device and usage Information: We collect information about how you access and use our Services, including networking and device information, such as your browser type, hardware model, operating system version, IP address, unique device identifiers, and language settings. We also collect information about your activity on our Services, such as items placed in your shopping cart, your access times, pages viewed, the routes by which you access our Services, and your use of any hyperlinks available within our Services.
  • Transaction information: When you make a purchase or return, we collect information about your transactions, including products or services you purchased, returned, or are considering purchasing from us, the purchase price, and the date and location of the transaction.
  • Information collected via cookies, web beacons, and other tracking technologies: We (and those that perform work for us) use cookies, web beacons, and other tracking technologies to collect information about your browsing behaviour, purchase behaviour, and other engagement with our Services. Cookies are small data files stored on your hard drive or in device memory that help us improve our Services and your experience, see which areas and features of our Services are popular, and count visits. Web beacons (also known as “pixel tags” or “clear GIFs”) are electronic images that we use on our Services and in our emails to help deliver cookies, count visits, and understand usage and campaign effectiveness (see Section 2.1: Targeted Advertising and Analytics below for further information).
  • Video, images, and audio: We collect video recordings and photographs in our Stores for security, fraud and loss prevention purposes and we may record calls you place to customer service.
  • Geolocation data: information about your location in accordance with your device permissions.

1.3 Personal information we collect from other sources

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 refer you to in a refer-a-friend program;
  • order processing partners, such as fraud prevention partners, shipping partners, and fulfillment partners; and
  • marketing and advertising networks analytics companies, data co-ops, mailing list providers and market research companies.

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

  • name;
  • email address;
  • mailing address;
  • 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 information we collect. For example, we may infer your approximate location based on your IP address or that you are interested in purchasing certain products based on your purchase history and browsing behaviour on our Services.

2. Use of Personal Information

We use the personal information we collect to maintain and improve our products and services. We also use personal information to:

  • provide our products and services, complete transactions and as otherwise needed to carry out our ongoing business relationship with you;
  • register and maintain your customer account and profile;
  • verify your age and identity;
  • facilitate you transacting via alternative payment methods such as PayPal;
  • give you a refund or credit and process your returns;
  • send you information and reminders about products that you are waitlisted for, have requested to be notified about, are on your wishlist or in your shopping cart;
  • communicate with you about products, services, contests, promotions and other information offered by Tommy Bahama and others that we think will interest you, unless you have opted out of such communications (see Section 6.1: Opting Out of Marketing Communications below for more information);
  • send you order updates by text or email;
  • record your marketing preferences;
  • administer and fulfil our contests, sweepstakes, other promotions, discounts, coupons, affiliate programs and deliver rewards;
  • identify, report and repair errors that impair the functionality of our Services and analyse and optimise 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 or information about changes to any of our terms and condition or this Policy;
  • personalise and improve the Services and provide content or features that match your profile and interests;
  • target advertisements to you on third-party platforms and websites unless you have opted out (see Section 2.1: Targeted Advertising and Analytics for more information);
  • link or combine with information we get from others to help understand you better and your needs and provide you with better service;
  • respond to requests for information from law enforcement, regulatory authorities, government, courts or tribunals;
  • comply with our legal and financial obligations; and
  • carry out any other purpose described to you at the time the information was collected.

 2.1 Targeted Advertising and Analytics

We may engage others to provide analytics services, serve advertisements, and perform related services across the web and in mobile apps. These entities may use cookies, web beacons, software development kits (SDKs), device identifiers and other technologies to collect information about your use of the Services and other websites and applications, including your IP address and other identifiers, web browser and mobile network information, pages viewed, time spent on pages or in apps, links clicked, and conversion information. This information is used to deliver advertising targeted to your interests on other companies’ sites or mobile apps and to analyse and track data including to understand how our ads perform and determine the popularity of certain content, and better understand your online activity.

In addition, some of our advertising partners enable us to translate your email address or phone number into an identifier that can’t be used to identify you personally. Our advertising partners then use that unique identifier to show ads that are more relevant to you across the web and in mobile apps.

For more information about interest-based ads please, visit www.aboutads.info/choices.

3. Disclosing Personal Information

 We may disclose your personal information as 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 corporate affiliates for the purposes described in Section 2: Use of Personal Information above.
  • To our Service Providers, Vendors and Contractors. We make personal information available to our service providers, vendors and contractors who perform services on our behalf, such as sending communications to our customers, conducting surveys, processing payments, conducting analytics, web hosting, assisting us with fraud prevention, providing shipping, delivery and other logistics services, etc. We contractually restrict these service providers from making any other use or disclosure of your information except as required by applicable law.
  • To our Partners and Affiliates. We may share personal information when we partner with another company or person in a joint marketing program to offer or provide products, services, contests, or promotions to our customers and audiences. If you want to opt-out of this sharing, please contact us using the details in Section 11: Contact Us below.
  • To other Entities for Marketing Purposes. We may share your name, postal address, and shopping history so that other entities can send your direct mail for 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 for marketing purposes and to expand the reach and effectiveness of our own marketing campaigns. These other persons or entities may also use this information for their own purposes. If you want to opt-out of this sharing, please contact us using the contact details in Section 11 below.
  • Corporate Transactions. Personal information may be disclosed or transferred as part of, or during negotiations or due diligence of any purchase, sale, lease, merger, amalgamation or any other type of acquisition, disposal, securitisation or financing involving Tommy Bahama. If Tommy Bahama is sold, merged or undergoing a change of control to a third party, we shall be entitled to assign the benefit of any agreements we have with you to the third-party without notice to you.
  • To our Professional Advisors. We share personal information with our legal, accounting, 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 including, but not limited to, investigations, compliance, fraud prevention measures, enforcing our rights or the rights of others and legal proceedings.
  • 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, order, or government request, or to protect the rights, property, or safety 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.

We also disclose aggregated or de-identified information that cannot reasonably be used to identify you. Tommy Bahama processes, maintains, and uses this information only in a de-identified fashion and will not attempt to re-identify such information, except as permitted by applicable law.

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 also use other third party service providers who may hold or access your personal information outside Australia including in the United States of America.

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 and Canada.

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 (other than Australian Privacy Principle 1).

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

You are not required to share your personal information with us. However, without certain information we cannot provide you with our products or services, you may not be able to participate in our promotions and competitions and your overall customer experience may be affected.

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.

If you unsubscribe or opt out, we may still send you non-promotional messages, such as those about your account or our ongoing business relations.

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. 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.

8. Accessing and Correcting Your Personal Information

You are entitled to request to access or correct any of the personal information we hold about you.

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.

9. 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

10. 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: +1 800 956 486
Email: privacy@tommybahama.com 

Last Revised: 22 March 2024