PRIVACY POLICY
1 General
This website (Site) is operated by ECHT Apparel Pty Ltd (ACN 625 564 418) (we, us or our).
Your privacy is important to us and we are committed to protecting your personal information in accordance with the:
- Australian Privacy Principles (APPs) set out in the Privacy Act 1988 (Cth) (Privacy Act);
- General Data Protection Regulation (EU 2016/679), which applies across the European Union and the General Data Protection Regulation set out in the Data Protection Act 2018 (UK), which applies to the UK (collectively, GDPR); and
- California Consumer Privacy Act (CCPA) (as applicable), which applies to California residents, (collectively, Privacy Laws).
This policy outlines how and when we collect, process, use, share, store, disclose, alter and destroy your personal information and applies to all personal information we collect through:
- the Site; and
- our products and
If you have any questions about this policy, you can contact us using the details
2 What personal information we collect
Personal information is information or an opinion about an identified individual or an individual who is reasonably identifiable, whether or not the information is true or recorded in a material form.
We collect and use personal information from customers, authorised users or visitors of the Site, staff (actual or prospective), purchasers of our products or services, and any other individual who interacts with us.
We collect and use different types of personal information depending on the type of dealing you have with us, which may include:
your name, date of birth, address, phone number, email address and occupation;
information about the products or services you order or enquire about, including how the products or services are used;
your financial and payment information (such as credit card number and bank account details), method of payment and any additional information required for user authentication processes (Order Information); and
any other information relating to you that you provide to us, including the information you provide by email or telephone, or through surveys, competition forms, at special events and other promotional activities we may run from time to time.
We do not collect your sensitive information (as defined by the Privacy Laws).
3 Collection
We collect your personal information in several ways, including:
- when you purchase our products or services from the Site, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address;
- when you browse the Site store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system;
- when you submit information through the Site, contact us, or complete any forms or documents for our products or services; and
- when you participate in our surveys, competitions, promotions, questionnaires or other promotional activities we may run from time to time.
The personal information we collect will track and enhance your use of the Site or our products or services, and assist us in providing a better service to you.
We will only collect personal information that is necessary for one or more of our functions or for a purpose outlined in this policy or otherwise disclosed to you.
If you choose to not provide your personal information to us, we may be unable to provide our products or services to you.
By providing your personal information to us, you acknowledge that you are authorised to provide such information to us.
4 Consent
4.1 How do you get my consent?
When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.
4.2 Direct marketing
With your express consent, we may use your personal information to send you information about the Site, our store, new products and other updates.
These communications may continue, even after you stop using our products or
You may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at any time, by contacting us
at https://contact.gorgias.help/forms/qgmxsd5e or mailing us at:
ECHT APPAREL PTY LTD
PO BOX 2118
Spotswood, Vic, 3015 Australia
5 Disclosure
5.1 Disclosure to third parties
With your consent, we may provide your personal information to:
- our employees, related entities, business partners, third party contractors, suppliers and agents from time to time for the purpose of delivering, providing and administering our products, services or Site; and
- third party service providers who process or use your personal information for the purpose of performing functions on our behalf, but may not process or use such information for any other purpose.
Examples of these third party service providers include marketing and analysis organisations, financial and credit card institutions to process payments, billing providers and payment gateways, hosting companies, web developers, internet service providers, customer service providers, customer support specialists, fulfilment and delivery companies, external business advisors (including auditors and lawyers), our insurer, and research and data analysis firms, (collectively, Authorised Affiliates).
When we disclose your personal information to any of our Authorised Affiliates, we will use reasonable endeavours to ensure that they undertake to protect your privacy. These Authorised Affiliates are not permitted to use the information for any purpose other than the purpose for which they have been given access.
Our Authorised Affiliates may also provide us with personal information collected from you. If you disclose personal information to an Authorised Affiliate, we rely on you to provide the Authorised Affiliate with consent for us to collect, store, use, process and disclose your personal information.
We may also disclose your personal information if we are required by law to do so or if you violate our Terms of Service.
5.2 Disclaimer
We will not disclose your personal information to any third party (other than our Authorised Affiliates) without your written consent, unless:
- we are required or authorised by the relevant Privacy Laws;
- we are permitted to under this policy; or
- such disclosure is, in our opinion, reasonably necessary to protect our rights or property, avoid injury to any person or ensure the proper functioning of the
This policy only covers the use and disclosure of information we collect from you. The use of your personal information by any third party is governed by their privacy policies and is not within our control.
If we collect any information that is not referred to or contemplated in this policy, we will give you notification of the collection at the time that we or one of our services collects the information.
6 Shopify
Our store is hosted on Shopify They provide us with the online eCommerce platform that allows us to provide our products and services to you.
Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.
If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card 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.
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.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
For more insight, you may also want to read Shopify’s Terms of Service here or Privacy Statement here.
7 Third party links
Our Site may contain hyperlinks or banner advertising to or from third party
We do not endorse any of these third parties, their products or services, or the content on these websites.
When you click on these hyperlinks on our Site, it may direct you away from our Site. We are not responsible for the privacy practices of these third party websites and encourage you to read and make your own enquiries about their privacy practices.
We are in no way responsible for the privacy practices or content of these third party
8 Storage and security
8.1 Protecting your personal information
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
8.2 Destruction of personal information
We will destroy or de-identify personal information where it is no longer required, unless we are required or authorised by law to retain the information.
To ensure we do not keep your personal information for longer than necessary, we consider several criteria, including:
- the purpose for which we are holding your personal information;
- legal or regulatory obligations in relation to your personal information (eg financial reporting obligations);
- whether we have an ongoing relationship (eg you have an account with us or our brands, you receive ongoing marketing communications or regularly visit or use our products, services or Site);
- any specific requests you have made regarding the deletion of your personal information; and
- our legitimate business interests (eg defending claims, statistical analysis or research).
8.3 Storage of your information
The information you provide to us will be stored by us for no longer than legally required following your information request or following the closure of your account.
8.4 Suspected data security
We have a comprehensive data breach notification policy and response plan (Response Plan), which outlines the steps our personnel are required to take in the event of a data This allows us to identify and deal with a data breach quickly to mitigate any harm that may result.
As part of the Response Plan, we will notify you as soon as practicable if we:
- discover or suspect that your personal information has been lost, accessed by, or disclosed to, any unauthorised person or in any unauthorised manner;
- believe that you are likely to suffer serious harm as a result; and
- are unable to prevent the likely risk of
- If you would like more information about our Response Plan, please contact us using the details below.
9 Cookies
We may collect information when you access and use our Site by utilising features and technologies of your internet browser, including cookies. A cookie is a piece of data that enables us to track and target your preferences.
Here is a list of cookies that we use. We have listed them here so you that you can choose if you want to opt-out of cookies or not.
- _session_id: unique token, sessional, allows Shopify to store information about your session (referrer, landing page, etc).
- _shopify_visit: no data held, persistent for 30 minutes from the last visit, used by our website provider’s internal stats tracker to record the number of visits
- _shopify_uniq: no data held, expires midnight (relative to the visitor) of the next day, Counts the number of visits to a store by a single customer.
- cart: unique token, persistent for 2 weeks, stores information about the contents of your cart.
- _secure_session_id: unique token, sessional
- storefront_digest: unique token, indefinite If the shop has a password, this is used to determine if the current visitor has access.
10 Age of consent
By using the Site, you represent and warrant that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
11 Your rights in relation to privacy
11.1 Privacy rights (EU and UK only)
Under the GDPR, you have a number of important We must ensure your information is:
processed lawfully, fairly and transparently;
collected for specified, explicit and legitimate purposes (and processed accordingly);
adequate, relevant and limited to what is necessary for purpose;
accurate;
stored in a minimal way;
processed to ensure integrity and
Subject to certain exceptions, you have the right to:
|
Your rights
|
What does it mean?
|
|
The right of access
|
This policy explains what information we collect and process, why and when, we collect your information as well as how we collect, hold, use and disclose your Information. You have the right to request copies of your information.
|
|
The right to have your information processed lawfully
|
We must process your data lawfully. Processing of your data is only lawful if:
· consent has been given;
· processing is necessary for the performance of a contract;
· processing is necessary to satisfy legal obligations; or
· if one of the other conditions in this Article is satisfied.
|
|
The right to know our details
|
You have the right to know our information before we collect your information. We are required to provide you with the following details:
· our identity and contact details;
· purpose and legal basis for processing data;
· recipients of data; and
· any transfers outside of EU;
· length of time of storage of data;
· that you have the right to request access to, rectification of, erasure or transfer of data;
· that you have the right to withdraw consent;
· the existence of any automated decision-making.
If you already have this information, we are not required to provide it to you again.
|
|
The right to transparency
|
We are required to provide you with information that is:
· concise, transparent, intelligible and in an easily accessible form;
· in clear and plain language; and
· in writing, including electronically where appropriate.
|
|
The right to consent
|
We must be able to demonstrate that you have given us consent. Your consent must be given in a way that is:
· clearly distinguishable from other matters that may be included in the document;
· in an intelligible and easily accessible form;
· in clear and plain language.
|
|
Your rights
|
What does it mean?
|
|
|
You have the right to withdraw your consent at any time, and you must be informed of this prior to providing consent.
|
|
The right to child consent
|
If you are under the age of 16, consent must be given on your behalf by someone who holds parental responsibility.
|
|
The right to rectification
|
You have the right to request that we correct any information we hold about you that is inaccurate or incomplete.
|
|
The right of erasure
|
You have the right to request that we erase your information in certain situations.
|
|
The right to restrict processing
|
You have the right to request that we restrict our collection, use, processing or disclosure of your information in certain circumstances.
|
|
The right to object to processing
|
You have the right to:
1. object to decisions being made by automated means which produce legal effects concerning you or significantly affecting you; and
2. object or withdraw your consent at any time to the collection, use, processing or disclosure of your information (including for direct marketing purposes), but this does not:
a. apply where we have other legal justifications to continue to collect, use, or process or disclose your information; or
b. affect the lawfulness of any collection, use, processing or disclosure of your information in certain circumstances.
|
|
The right of data portability
|
You have the right to obtain a copy of your information in a commonly used electronic format so that you can manage, share and move it. You also have the right to request we send it to a third party.
|
- You can exercise any of these rights by contacting us using the details
- We also have further obligations to you under the GDPR in relation to how we look after and treat your information. You can find further details here.
11.2 Privacy rights (California only)
Under the CCPA, you have a number of rights including:
|
Your rights
|
What does it mean?
|
|
The right to know
|
You can request a copy of the personal information we have collected from you. You can also request information from us regarding how and why we use your personal information.
|
|
The right to delete
|
Subject to certain exceptions, you can request that we delete any personal information we hold about you.
|
|
Your rights
|
What does it mean?
|
|
The right to opt-out
|
You can request that we do not or stop selling your personal information.
In any event, we do not sell personal information.
|
|
The right to non- discrimination
|
We cannot discriminate against you for exercising your rights under the CCPA. Such discrimination includes refusing to provide you with our goods or services or charging you a difference price for our goods or services.
|
|
The right to correct
|
You can request that we correct any inaccurate information we hold about you.
|
|
The right to limit
|
You can request that we only use any sensitive information about you for limited purposes.
|
11.3 Access rights
We use our reasonable endeavours to keep your personal information accurate, up-to- date and complete.
You have the right to access any personal information we hold about you, subject to some exceptions provided by law.
You can access, or request that we correct, your personal information by writing to We may require proof of identity.
If we do not allow you to access any part of your personal information, we will tell you why in writing.
We will not charge you for requesting access to your personal information but may charge you for our reasonable costs in supplying you with access to this
12 Changes to this privacy policy
- We reserve the right to modify this policy at any time, so please review it
- Changes and clarifications to the policy will take effect immediately upon the revised policy being posted on the Site.
- Your continued use of our products, services or the Site following the posting of any revised policy indicates your acceptance of the changes to the policy.
13 Facebook advertising
We may advertise our products or services on Facebook, who may collect personal information when you interact with our Site or social media platforms including Facebook and Instagram. The collection and use of this information is subject to the privacy policy located here: https://www.facebook.com/legal/technology_terms.
14 Questions and contact information
If you would like to:
- access, correct, amend or delete any personal information we have about you;
- register a complaint; or
- simply want more information,
you can contact our Privacy Compliance Officer by email [email protected] or by mail at:
ECHT APPAREL PTY LTD
Attention: Privacy Compliance Officer PO BOX 2118
Spotswood, Victoria, 3015 Australia
