At Elfdome Pty Ltd ACN 603 347 557 through its brand Elle Macpherson Body (EMB, we or us), your privacy is important to us. We are committed to protecting your privacy when managing your personal information. We have policies and procedures to ensure that all personal information is handled carefully and securely in accordance with the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth).
- what kind of personal information we may gather about you;
- how we may use that information and the choices you have regarding our use of such information;
- whether we disclose your personal information to anyone;
- how you may inquire, access and/or seek correction of your personal information and our access and correction handling procedure; and
- how you may alert us about an alleged breach of the APPs and our complaint handling procedure.
Collection of information
The types of information that EMB collects from you will depend on the circumstances of collection and on the service that we are providing to you.
The type of personal information collected will be directly related to the specified purpose it has been collected for. How much of your personal information that you choose to disclose to us is completely up to you. The only way we know something about you personally is if you provide it to us. However, failure to provide certain information may result in EMB being unable to provide you with the relevant product or service. We will make you aware of the purpose for which we collect the personal information and, where possible, the consequences of not providing it at the time of collection. Our Website(s) are directed to persons over the age of 18. Except to the extent stated in this policy, we do not knowingly collect personal information from anyone younger than this.
- If you request products or services from us, we (or our third party service providers on our behalf) may collect information such as your name and contact details including billing and/or postal address, payment details, phone number(s) or email address.
- If you sign up to use a particular service such as our newsletter(s) and e-newslettters, mail outs (about product updates and developments, special events or promotions), loyalty or rewards program(s) or enter into a competition operated by us, we may collect information such as your date of birth and your interests and any other information required to provide that service to you (in addition to your name and contact details).
- If you make an inquiry, provide feedback or make a complaint to us, we may collect your name and contact details.
- If you participate in any surveys we, or a third party service provider acting on our behalf, may conduct from time to time on our Website, we may collect personal information relating to your survey responses.
- If you are applying for employment with us, we may collect any information that is relevant to such employment including:
- your name and contact details (ie residential address, phone number(s) and/or email address)
- any other information relevant to the recruitment process (including any information contained in the application form and your resume).
You acknowledge that the personal information we collect from you is your own information or information which you have been authorised to provide us.
EMB does not generally collect sensitive information as defined under the Privacy Act, such as racial or ethnicity information, political opinions or associations, criminal records or health information. However, subject to obtaining your prior consent, EMB may collect sensitive information from you in the course of considering an application for employment.
Where unsolicited information is received by EMB (such as through any Facebook page or other social media platforms we operate or may establish) we will determine, within a reasonable period of time, whether or not we would be permitted to collect the information under the APPs. If it would not be permitted for EMB to collect the information, we will destroy the information or ensure it is de-identified as soon as practicable. Otherwise, EMB may retain the information in accordance with the terms of this policy.
Information we collect automatically
The type of information we may collect by automated means includes:
- your visiting domain name or IP address;
- the device, browser, operating system type and screen resolution you use;
- information on actions taken at our Website(s) such as navigation patterns (ie. pages viewed and downloaded; products viewed and/or purchased) and the date, time, duration and number of times you visited our Website(s);
- the previous site you visited;
- the geographical location (such as the country and city of origin) from where you accessed our Website(s); and
- the website you came from (if any), search terms or any other webpages that led you to our Website(s).
The information we collect automatically is also used for statistical and administrative purposes (eg the number of visits by visitors to our Website). Analysing the way in which visitors utilise our Website(s) enables us to improve our services. The information is not used in any way to uniquely identify a customer and we do not collect information about the identity of the visitors unless they voluntarily provide that information. Visitors or their browsing activities (other than previously stated) will not be identified except in the event that any law requires us to disclose or permit a law enforcement agency to inspect the service provider's logs.
Method of collection
This personal information will only be collected through lawful and fair means and not in an unreasonably intrusive way.
EMB collects your personal information when you deal with us directly, including via our website(s) or our Facebook or Instagram pages or other social media platforms we operate or may establish, via forms or correspondence (ie by mail or email), over the phone or in person. EMB may also collect your personal information from other third parties which it may engage to operate and manage competitions (eg advertising agencies)
Use of information
Use of personal information
EMB will use the personal information you have chosen to provide us for the purpose for which you provided it. EMB will not use it for any other purpose without your consent, unless permitted or required by law.
Generally, we will use your personal information for the following purposes:
- providing the products and/or services you have requested from EMB including for example:
- to process online sales transactions;
- to deliver the products or services to you;
- to register you for a service requested by you, such as our newsletter(s) and e-newslettters, mail outs, rewards program(s) or competitions and administering such services;
- to manage warranty claims;
- to respond to any inquiries, feedback or complaints made by you; and
- direct marketing of products and services which we believe may interest you, including product updates and developments, special events or promotions;
- assisting us to improve our products and services and making them more relevant to you;
- assisting us to improve our website(s) or any social media platforms we operate or may establish;
- processing and assessing employment applications for current and future positions; and
- otherwise managing our internal business operations and processes.
EMB will only use your personal information for the purpose of direct marketing activities where we have obtained your consent to do so, or in circumstances where we have collected the information directly from you and you would reasonably expect that your personal information would be used or disclosed for this purpose. We may also share your personal information with members of EMB’s corporate group, so that they can provide you directly with marketing material about their products and services (subject to obtaining your prior consent if the entity is not a relate body corporate).
Any direct marketing materials that you receive from us via email (including newsletters and special promotions) may utilise open tracking so that we can monitor delivery and receipt of the material.
EMB will provide you with the opportunity to opt out of receiving marketing materials at the time of collection and/or at any time afterwards by either unsubscribing from the email service or contacting our Privacy Officer via the contact details provided below.
Use of information collected automatically
In addition to the uses described above, EMB uses information collected automatically to:
- monitor the use of our Website(s);
- help us make improvements to the Website(s); and
- offer relevant information and services to as many users as possible.
There will be occasions where it will be necessary for EMB to disclose your personal information to third parties.
EMB may disclose your personal information:
- to contractors and third party service providers on a confidential basis that we use in the ordinary course of our business to assist with the delivery of the product or service. This includes Shopify (our website hosting and payment processing provider) as well as organisations such as marketing agencies, data processing companies, printing and mailing houses, delivery companies finance agencies or debt collection agencies;
- to other members of EMB’s corporate group for marketing purposes (subject to obtaining your prior consent if the entity is not a related body corporate); to credit reporting agencies in certain circumstances;
- to government authorities or other third parties as required by law; or
- for any other purpose that you have consented to.
Transfer of information outside Australia
EMB’s hosting servers of personal information will be located in the Canada. EMB may also disclose your personal information to Shopify and/or Shopify Ireland, our e-commerce and payment processing service provider (whose head offices are located in Canada and Ireland respectively). Shopify may also disclose your personal information to third parties located in other countries in the course of providing these services, including but not limited to transaction processing and fraud prevention services. Also EMB may disclose your personal information to certain recipients outside of Australia specifically, EMB ‘s related companies , business partners, and distributors in countries including: Elle Macpherson USA Inc in the USA and Elftop Ltd in the United Kingdom. For example, if you are located in a country outside of Australia and you make an enquiry to us regarding our products and services, we may disclose your personal information to EMB’s related overseas companies, business partners or distributors for the purpose of dealing with your enquiry. EMB will take reasonable steps to ensure that any overseas recipient does not breach relevant privacy laws or principles.
No sale of personal information
Under no circumstances will EMB sell or receive payment for licensing or disclosing your personal information.
Links to third party websites
The security of your information is important to us. EMB operates secure data networks that are designed to protect your privacy and security. When we have collected information about you it cannot be seen or modified by anyone else. EMB has implemented acceptable standards of technology and operational security to ensure personal information (in both physical and electronic form) is protected against loss, misuse, interference and unauthorised access.
Only authorised EMB personnel and contractors are provided access to personal information and have agreed to ensure the confidentiality of this information. Reasonable steps are taken to destroy or permanently de-identify any personal information that is no longer required.
We review and update our security measures in light of current technologies. You should however be aware that the internet is not a secure environment and information sent via the internet (including email) cannot be guaranteed to be totally secure.
Data quality, access and correction
If you have an online account with EMB then you may access your personal information at any time by logging into your account on our Website(s).
You may also at any time, request access to personal information that EMB holds about you by making a request to our Privacy Officer at the address or email address below.
We will endeavour to process any requests for access to personal information within a reasonable period of time. Where possible, we will provide you with access to that information either by providing you with copies of the information requested, allowing you to inspect the information requested, or providing you with a summary of the information held. If we need to deny your request for access we will let you know why and inform you how you may lodge a complaint regarding this decision. Generally this will only be in cases where providing access would be unlawful or is subject to a potential legal claim or proceeding.
EMB may charge a nominal fee for supplying personal information.
If you have an online account with EMB then you may change or correct your personal information at any time by logging into your account on our Website(s).
We will otherwise try to ensure that all information we collect, use or disclose about you is accurate, complete, up-to-date and relevant to the service being provided.
If you discover or suspect that there is an error or information is missing, please forward your request for correction to our Privacy Officer in writing at the address or email address below. Our Privacy Officer will consider your request and as soon as practicable manage the correction of your personal information and will update you in writing. If your correction request is refused, our Privacy Officer will provide you within a reasonable period of time the reasons for such refusal and inform you of the complaint process (see below).
Complaints about privacy and our complaint handling procedure
If you have any complaints relating to the management of your personal information or if you believe there has been a breach of the APPs by EMB, please forward your complaint in writing to our Privacy Officer at the address or email address below.
Our Privacy Officer will consider the complaint and advise you of their decision in writing within a reasonable time from receipt of the complaint.
If our Privacy Officer decides that there has been a breach of the APPs, s/he will endeavour to ensure that the breach is rectified within 30 days from the date of the decision and will update you in writing. If the breach has not been rectified within 30 days, then our Privacy Officer will inform EMB ‘s Managing Director in order to resolve the matter.
If you are still not satisfied after lodging a complaint with us and have given us reasonable time to respond, then we suggest that you contact the Office of the Australian Information Commissioner by:
Phone: 1300 363 992 (local call cost, but calls from mobile and pay phones may incur higher charges). If calling from overseas (including Norfolk Island): +61 2 9284 9749
TTY: 1800 620 241 (this number is dedicated to the hearing impaired only, no voice calls.)
TIS: Translating and Interpreting Service: 131 450 (If you don’t speak English or English is your second language and you need assistance and ask for the Office of the Australian Information Commissioner)
Post: GPO Box 2999 Canberra ACT 2601
Fax: +61 2 9284 9666
Contact Privacy Officer
Please contact our Privacy Officer on the contact details below if you would like to:
- inquire about or request access and/or update your personal information; or
- report an alleged breach of your privacy rights or make a complaint:
Post: Privacy Officer, Melissa Benias, 660 Rathdowne Street, Carlton North 3054 Victoria
Telephone: +61 3 9389 2100
Personal information has the same meaning as in the Privacy Act.
Further Information on Privacy
For more information about your privacy rights in Australia, visit the Office of the Australian Commissioner’s website, www.oaic.gov.au