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Privacy Policy
The Walk-In Pty Ltd (“The Walk-In” “We,” “Our,” or “Us”)
Privacy Policy
Effective Date: April 2020
1. INTRODUCTION TO PRIVACY POLICY
We are committed to maintaining the confidentiality, integrity and security of any Personal Information (as defined below) about Our End-Users. To demonstrate Our commitment to protecting Your privacy. We have developed this privacy policy (“Privacy Policy”), which describes how We will collect, use, disclose and protect Your Personal Information through the Service.
2. TERMS OF USE
This privacy policy as well as our terms of use (“Terms of Use”) govern Your access and use of the Service, as owned and operated by The Walk-In Pty Ltd ABN 65 683 046 619 of 95 Stanhope Street, West Footscray VIC 3012. Terms capitalized but not defined in this Privacy Policy have the meanings set out in the Terms of Use. “You”, “Your” and “Yours” refers to you, the End-User, as defined in the Terms of Use.
3. CONSENT AND AGREEMENT TO BE BOUND
3.1. By accessing and/or using the Service You agree to this this Privacy Policy and the Terms of Use and the terms and conditions which are incorporated here by reference. If You do not agree to all the terms of this Privacy Policy and the Terms of Use, please do not use the Service.
3.2. There are certain types of device data that the Service cannot access without Your consent. The various application marketplace platforms that We provide the Service through will notify You the first time the Service requires permission to access certain types of data and will let You decide to consent to that request. You further agree to abide by all the terms in the Afterpay, Stripe and WooCommerce or other Digital Distribution platforms’ end user licensing agreements, or any other applicable application store (“Digital Distributor”) agreement, so long as such agreement does not conflict with the terms herein or the Terms of Use.
3.3. In the case of a material change to the Service as described in the amendment provision set out in the Terms of Use, and in accordance with the amendment requirements set out therein, We will provide written notice to inform You and will obtain consent from You for any new purposes not previously identified.
4. CONSENT TO COLLECTION OF THE INFORMATION
4.1. By using the Service, You consent to the collection, use and disclosure of Your Personal Information by Us in the manner described in this Privacy Policy. You may always opt not to disclose certain Personal Information, but which may restrict access to certain features of the Service. For example, Your name and email address, phone number, address and age are necessary to complete the Please note that you will also be required to enter your credit card details so that We or any third party payment processor on our behalf, can hold any amount that it needs to in accordance with the Terms of Use, for the purpose of providing the Service to you. We do For any third parties that have access to this information, We require these parties to comply with all laws, regulations and authorities that govern the use of this data in their relevant jurisdiction.
4.2. At any time after registration, You may opt out of most email communication from Us by clicking on the opt-out link at the bottom of Our emails, or by contacting Us at the contact details listed above. However, We may still contact You for administrative purposes.
4.3. When You sign up for an account, You are opting in to receive emails from the Service for administrative or technical issues and You may occasionally receive Our newsletters.
4.4. In the unlikely event that We believe that the security of Your Personal Information in Our possession or control may have been compromised and creates a real risk of significant harm to You, or if We believe that a notification is appropriate, We may seek to notify You of that development, pursuant to both Our desire to keep You informed and Our legal requirement to do so (if applicable). If a notification is appropriate, We may notify You by the email address registered to Your account.
4.5. We may amend or change this Privacy Policy at its sole discretion at any time, and will notify you of any changes via a prompt to read the updated policy. The use of the information We collect at any given point is subject to the Privacy Policy in effect at the time of collection. If We make any material changes, We will notify You by email or by other means of notice on the Service including SMS. We will post the most current Privacy Policy on the Service, and Your use of the Service is subject to the most current Privacy Policy as posted on the Service at any time.
4.6. We encourage You to periodically check Our Privacy Policy for the latest information on Our current policy.
5. TYPE OF INFORMATION COLLECTED
When You use the Service, We store certain information about Your device and Your activities that You provide to Us and that We automatically collect, including:
5.1. technical information about Your device such as the type of device, OS version, location, other browser information (e.g., size, connection speed and connection type);
5.2. your user Preferences which We will collect and determine automatically through Cookies and traffic data as described below;
5.3. your user experience preferences and settings (time zone, language, etc.), as well as content and usage preferences (collectively, the “User Preferences”); and
5.4. we collect content that You upload, post, and/or share to Our Service which includes Our Social Media Services
6. CHANGES TO END USER-INFORMATION
6.1. We rely on You to ensure that the Personal Information You enter into Our system is as accurate, complete and up- to-date as necessary for the purposes for which it is to be used
6.2. Your account with Us has been terminated or the maximum time period allowed by Applicable Law as described below, whichever is longer (“Personal Information Removal Date”) the End User may request a copy of all of the End-User’s User Data from the Service. After the Personal Information Removal Date, or upon Your specific request to hello@walk-in.com.au to delete the Personal Information, such Personal Information shall be deleted by We within a reasonable period, unless:
6.2.1. information may be retained if required to comply with the law and such data may continue to temporarily persist to the extent that such information is required to be retained for compliance with Applicable Law (for example, to prevent, investigate, or identify possible wrongdoing in connection with the Service or to comply with legal obligations) and until such time as such information is no longer required for this purpose, however, You acknowledge that recovery of data is not permitted by You from within this system under these circumstances unless We are required and compelled to do so by law, and in such event, at Your sole expense ; or
6.2.2. Information may be retained for the purposes of debt recovery or repossession of the products and such data may continue to temporarily persist to the extent that such information is required to be used in debt recovery, repossession of goods or other legal proceedings.
7. STORAGE AND RETENTION
7.1. Data that is non-Personal Information may be kept by Us for an indefinite period however, this does not constitute a guarantee that We will keep the data indefinitely
7.2. You should have no expectation of data retention whatsoever, however Your data may be stored via our third party service providers such as WooCommerce, Stripe, Paypal, Afterpay and is subject to their terms and conditions <https://woocommerce.com/terms-conditions/> (WooCommerce) <https://stripe.com/au/ssa> (Stripe) https://www.afterpay.com/en-AU/terms-of-service (Afterpay) and privacy policy <https://automattic.com/privacy/> (WooCommerce) <https://stripe.com/au/privacy> (Stripe) https://www.afterpay.com/en-AU/privacy-policy (Afterpay).
7.3. By using the Service or the Website you acknowledge that you have read and consent to WooCommerce’s, Stripe’s Paypal’s and/or Afterpay’s terms and conditions and privacy policy. Your data may be retained on the Service by Us or our third-party service providers as long as your account is current and active and for a period after our relationship with You has been terminated. Should We create a backup of all data, this backup is for use by Us only in the case of disaster recovery or to maintain business operations in the case of an emergency.
7.4.We take your privacy very seriously. If You have a security related concern, please contact Us at the contact details provided above. We will work closely with You to ensure a quick and personal response to Your concerns. In addition, We restrict unauthorized access through protective policies, procedures, and technical measures, including:
7.4.1. SAFEGUARDS PROVIDED BY YOU: To keep Your Personal Information secure, You are required to safeguard Your End-User name and password information.
7.4.2. SAFEGUARDS PROVIDED BY US: We will provide physical and electronic safeguards with regard to the storage of Personal Information as required by law, however, and pursuant to disclaimer provided in the Terms of Use, You understand that in order for Us to operate the Website, End-User Data may be transmitted by You to Us over the internet, public networks or otherwise, and You acknowledge that that no such data transmission can be guaranteed to be completely secure, and that, beyond Our requirements to take reasonable steps to secure personal information as required under APP 11 of the Australian Privacy Principles, We cannot warrant the security of any information You transmit to us, and that You do so at Your own risk.
7.4.3. ACTIONS IN THE EVENT OF DATA BREACH. A “Data Breach” is defined as any non-authorized access to the storage locations of the data, or access to a storage location by an individual that is potentially suspected of having performed non-authorized activities. In the case where a Data Breach has occurred, if We believe that the breach creates a real risk of significant harm to the end-users, the End-User will be notified in the manner as required by law, and all details regarding the impact to the End-User will be shared.
8. USE AND DISCLOSURE OF PERSONAL INFORMATION
We will not use or disclose Personal Information other than the purposes identified below (individually and collectively, the “Purpose”):
8.1. to provide the Service and support, administrative messages, updates, and security alerts, to resolve disputes, and to troubleshoot problems;
8.2. to conduct the necessary credit checks where required in order to ensure your credit worthiness;
8.3. to provide you with the latest information and marketing in relation to the Service and the apparel which is available for hire;
8.4. to use certain services on the Service, We may require debit or credit card account information (“Debit or Credit Card Information”). By submitting Your Debit or Credit Card Information through the Service, You expressly consent to sharing of Your information with third-party payment processors and other third-party service providers; and
8.5. to process payments through our third-party payment processes that we engage to provide this service for Us;
8.6. we may post Your social media content, testimonials, and other information provided by you (including photos); and
8.7. enforcing Our rights against You or in connection with a breach by You of this Privacy Policy or the Terms of Use
9. DISCLAIMER
IF YOU CHOOSE TO ACCESS THE SERVICE, YOU DO SO AT YOUR OWN RISK, AND ARE RESPONSIBLE FOR COMPLYING WITH ALL LOCAL LAWS, RULES AND REGULATIONS. WE MAY LIMIT THE AVAILABILITY OF THE SERVICE, IN WHOLE OR IN PART, TO ANY PERSON, GEOGRAPHIC AREA AND/OR JURISDICTION WE CHOOSE, AT ANY TIME AND IN WE’S SOLE DISCRETION. OUR SERVICES, AND WHO MAY USE COOKIES (DEFINED BELOW) AND OTHER TECHNOLOGIES TO SERVE AND OFFER RELEVANT ADVERTISEMENTS. SEE COMPLETE [LIMITATION OF LIABILITY PROVISION AND DISCLAIMER], AND [PROHIBITED USE REQUIREMENTS] CONTAINED IN THE TERMS OF USE FOUND AT: https://walk-in.com.au
10. EFFECTIVE DATE
This Privacy Policy is effective as of the Effective Date.
11. USE OF COOKIES AND USAGE DATA
We may use session Cookies and usage data to fulfill the Purpose, by tracking information about You as related to Your usage of the Service, and correlating to other personally identifiable information collected while on the Service or connected to Our third party processors. We may also use Cookies that are created by the Service to secure Your login session and to help ensure the security of Your account.
12. USE OF THIRD PARTIES TO ASSIST US TO IMPROVE
We may share Personal Information Our third-party providers subject to the following conditions:
12.1. Our service providers are restricted from using Your Personal Information in any way other than for the service they are providing or as it relates to Our Purpose fulfilled by such transfer; this includes the use of Cookies by Our third parties so long as the use on such Cookies is to collect the same type of information for the same purposes as the Purpose.
12.2. The Walk-In ensures that such third parties maintain reasonable and appropriate safeguards that do not breach Our safeguards of security requirements, or as otherwise required by law. If the use of Cookies by any third party differs materially from the practices already listed,
12.3. You acknowledge that from time to time, information that We collect may from time to time be stored, processed in or transferred between parties or sites located in countries outside of Australia. These may include, but are not limited to the United States of America and the United Kingdom. By using the Service or accessing the Website, You acknowledge that The Our suppliers, contractors or agents that are situated overseas may have access to your information.
13. THIRD PARTIES
13.1. Our store is hosted by Bubblestorm Management (Pty) Limited trading as WooCommerce. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
13.2. Your data is stored through WooCommerce’s data storage, databases and the general WooCommerce application. They store your data on a secure server behind a firewall.
13.3. If you choose a direct payment gateway to complete your purchase, you will be directed to our third-party payment provider Stripe or Paypal. Stripe and Paypal stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
13.4. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.
13.5. Afterpay also adheres to the standards set by PCI-DSS as managed by the PCI Security Standards Council
13.6. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
13.7. For more insight, you may also want to read Stripe’s privacy statement
13.8. By using this Website, you are representing and warranting to We that you are at least 18 years old and have the power and authority to enter into a binding contract with Us and Our suppliers.
14. LIST OF THIRD-PARTY PROVIDERS
- Afterpay https://www.afterpay.com/en-AU/how-it-works?gclid=Cj0KCQiAm4TyBRDgARIsAOU75sqFbv5whsJ6BA1ctZXmBBk9a08N4lu6i7bLtMI8mSrelDhcR5MKHMMaAvVpEALw_wcB
- Stripe: https://stripe.com/au?utm_campaign=paid_brand-AU_en_Search_Brand_Stripe-908244709&utm_medium=cpc&utm_source=google&ad_content=301607044444&utm_term=stripe&utm_matchtype=e&utm_adposition=1t1&utm_device=c&gclid=EAIaIQobChMI6J_Nzr-R5wIVTx0rCh1iIAROEAAYASAAEgIqYfD_BwE
- WooCommerce https://woocommerce.com/features/
15. MISCELLANEOUS
If any portion of this Privacy Policy is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Privacy Policy as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Privacy Policy that is unlawful, void or unenforceable shall be stricken from this Privacy Policy. The insertions of headings are for convenient reference only and are not to affect the interpretation of this Privacy Policy.
16. CONTACT INFORMATION
If You have questions or concerns regarding Our policy or practices, please contact Our privacy officer by email at hello@walk-in.com.au.