Privacy Policy

  1. Background

In this policy, the words “we”, “our” and “us” refers to Fineyield Retail Pty Ltd as trustee for the Fineyield Trust trading as Miss Louise (and includes its directors, officers, employees, agents and affiliates) (“Miss Louise”).

Miss Louise recognises the importance of your privacy. This privacy policy (“Privacy Policy”) sets out how Miss Louise intends to collect, store, use, disclose, protect and otherwise handle your personal information.

We work within and uphold the applicable privacy laws and principles, including the Australian Privacy Principles. You can find further details about the Australian Privacy Principles on the website of the Office of the Australian Information Commissioner.

  1. Definitions

Unless expressly provided otherwise, terms used in this Privacy Policy have the meaning given in our Terms and:

Act” means the Privacy Act 1988 (Cth).

Social Media” means Miss Louise’s pages and accounts on third-party social media platforms such as Instagram and Facebook.

Terms” means the terms and conditions of Miss Louise (as amended from time to time), the current version of which can be accessed at the following link:https://miss-louise-1965.myshopify.com/policies/terms-of-service.

  1. What is personal information?

In this Privacy Policy, the term “personal information” has the meaning given in the Act and under that Act includes information about an identifiable and living individual, including names, addresses, telephone numbers, email addresses, photographs, dates of birth, credit and banking details and if and where applicable, includes information that constitutes “sensitive information”.

  1. Collection and Storage of Personal Information and Data
    1. Why does Miss Louise collect Personal Information?

Miss Louise collects Personal Information in connection with providing, administering, improving and personalising its products and services, marketing and to support its business functions.  If Miss Louise does not collect your personal information, it may not be able to provide you with its products and services.

    1. Types of Personal Information

We may collect personal information about individuals. This information could include:

      1. names;
      2. gender;
      3. contact details (including email address, telephone number(s), home addresses and other contact details);
      4. date of birth;
      5. usernames and passwords;
      6. shopping or browsing behaviours;
      7. mailing and delivery addresses; and
      8. sensitive information that you choose to submit to us.

Subject to clause 4.3, you consent to our collection, storage, use, disclosure, protection and handling of your personal information on the terms and conditions of this Privacy Policy.

    1. How does Miss Louise collect your personal information?

Miss Louise will collect personal information only by lawful and fair means and not in an unreasonably intrusive manner. When you provide Miss Louise with personal information you consent to the collection, storage, use, disclosure and handling of your personal information in accordance with this Privacy Policy.

If it is reasonable and practicable to do so, Miss Louise will collect personal information directly from you.

Depending on how you choose to interact with Miss Louise, Miss Louise may collect your personal information when you contact, or are contacted by, Miss Louise or its service providers by telephone, by email, through the Site, or when you complete a form or document and provide it to Miss Louise. More specifically, we collect personal information in circumstances such as when:

      1. You register for a user profile on the Site;
      2. You use any of our related services, such as subscribing to our newsletter or product notifications;
      3. You browse our products and services or otherwise interact with our Site;
      4. You interact with our customer service team or other representatives, for example, via emails, telephone calls, letters or face-to-face meetings;
      5. You accept our cookies and other tracking technologies on your device;
      6. You interact with us on our Social Media, such as liking our posts, commenting on our posts or private messaging us on our Social Media;
      7. You purchase a gift card for redemption on the Site or in-store;
      8. Your authorised representative submits your personal information to us for any purpose reasonably authorised by you, for example, if such representative is purchasing our product or service to be delivered to you as a gift;
      9. Our third-party analytics and other service providers, business or commercial partners provide your personal information to us, which was collected and processed by them and disclosed to us pursuant to their separate privacy policies; or
      10. You voluntarily submit your personal information to us for any reason.

We do not directly collect your credit card details to process your payment or for customer services 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 or exchanges.

Miss Louise may also collect information based on how you use its Site, including through ‘cookies’, web beacons and other similar technologies.

‘Cookies’ are small text files that are transferred to your computer’s hard drive through your web browser to enable Miss Louise’s systems to recognise your browser and record non-personal information such as the date, time or duration of your visit and the pages accessed, for website administration, statistical and maintenance purposes (“Cookie Information”).

We may use cookies to collect data (typically not personal information) relating to your general internet usage.

We use cookies to help us to improve our site and to deliver a better and more tailored service, for instance by storing information about your preferences and allowing us to recognise you when you return to our site.

You may refuse to accept cookies by activating settings on your internet browser. However, please note that if you select such settings you may be unable to access certain parts of our site.

No attempt is made by Miss Louise to use Cookie Information to personally identify you. However, if Cookie Information is linked with personal information as set out above, this Cookie Information becomes personal information and will be treated in the same manner as the personal information to which it has been linked.

You can remove or reject cookies by adjusting the settings on your web browser. Please note that some parts of the Site may not function fully for users that disable cookies.

  1. Anonymity/pseudonymity

Where practicable, customers and others have the right to interact with us anonymously or using a pseudonym. Circumstances where it is not practicable, however, include where personal information is required to complete a credit card or account transaction.

  1. Use of Personal Information

Miss Louise may hold, use or disclose your personal information for the purposes of marketing, but only where such use complies with the Act and the Australian Privacy Principles.

Miss Louise may also hold, use or disclose your personal information collected for the purpose it was provided or collected, including in the following ways:

      1. to provide, maintain, protect and improve our technology, products and services, and monitor their effectiveness;
      2. for use for the purposes of collection described in clause 4 above;
      3. to register and maintain your user profile and to verify your identify;
      4. to process your order for our products or services, and process or collect your payment for the order;
      5. to deliver or perform the product or services you purchased, including couriers calling or messaging you to obtain your delivery instructions (if required);
      6. to facilitate your transacting via alternate payment methods (such as Visa, Mastercard, American Express, Shop Pay, Google Pay, Apple Pay or Afterpay);
      7. to process your returns or refunds in accordance with our Terms;
      8. to provide you with supporting services and functions related to your user profile, such as saved items in cart, purchase history information, shipping information and delivery confirmation emails;
      9. to display it when you have posted it to the Site;
      10. to respond to enquiries received from you;
      11. to communicate with you and provide you with information (whether by email, post or other means) about our products or services, where you have requested or consented to receiving this from us or where this provision is otherwise permitted under the Australian Privacy Principles;
      12. to notify you about changes to our goods and services;
      13. to ensure that content from our Site is presented in the most effective manner for you and for your computer/device;
      14. to allow you to participate in interactive features of our Site, when you choose to do so;
      15. to enable you to enter any competitions we may run;
      16. to facilitate your participation in surveys we (or a third party on our behalf) run where you volunteer that personal information;
      17. to enable you to participate in any loyalty or reward programs, if you so request it;
      18. to receive and address feedback or complaints from you;
      19. to protect our legal interests and fulfil our regulatory obligations (if and to the extent necessary); and
      20. in other circumstances, with your prior consent.

All members and others with whom we interact have the option to opt-out of receiving marketing communications from us. If you do not wish to continue to receive electronic marketing communications from us and/or selected third parties you should opt-out by clicking on the “unsubscribe” link in any email communications that we might send you. Unless and until you opt out, your consent to receive direct marketing communications from Miss Louise and to the handling of your personal information for this purpose will continue.

  1. Third parties

The Site may contain links to third party websites including the networks of our valued affiliate service providers and/or advertisers.

If you follow a link to any of these websites, note that they have their own privacy policies. If you use our Site to link to another site you will be subject to that site’s terms and conditions of use and privacy policy. We strongly encourage you to view these before disclosing any of your personal information on such sites.

Miss Louise does not control, and does not accept any responsibility or liability for, the privacy policy of, and use of personal information by, any party other than Miss Louise, including any user of the Site and the operators of any site to which the Site links. Miss Louise does not share your personal information with those sites.

  1. Disclosure of Personal Information

We may disclose your personal information to any of our related entities. They will only use it for the same purposes that we may under this Privacy Policy. We may provide personal information to third parties outside our related entities for limited purposes, such as to help us in providing goods and services to customers.

Those persons and business may include, but are not limited to:

      1. organisations who carry out credit, fraud and other security checks;
      2. couriers and delivery businesses (where we arrange to deliver goods to you or persons you have requested us to send deliveries to);
      3. third party software providers who store details of customer accounts for us or who provide other IT services; and
      4. marketing businesses engaged by us to disseminate materials to which recipients have consented.

We may also disclose your personal information to third parties outside our related entities:

      1. where we have your express permission to do so;
      2. where it can reasonably be inferred from the circumstances that you consent to the disclosure to such third parties;
      3. if Miss Louise sells, assigns or otherwise transfers part or the whole of its business, in which case your personal information, which was collected by Miss Louise through your use of the service, may be among the items transferred or sold to the extent that it is relevant to Miss Louise’s business; and
      4. if we are under a duty to disclose or share your personal information in order to comply with any legal obligation, or in order to enforce or apply our terms and conditions or to protect the rights, property, or safety of Miss Louise, its personnel or customers. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

We limit the information we provide to third parties to the information they need to help us provide or facilitate the provision of goods and services to you. We deal with third parties that are required to meet the privacy standards required by law in handling your personal information, and use your personal information only for the purposes that we gave it to them.

We do not currently disclose personal information to business located outside Australia, except if and to the extent that the Site may be hosted outside Australia and where such hosting constitutes a disclosure (rather than a use).

  1. Security of personal information

We will take reasonable steps to ensure that any personal information that we hold about you is stored in a secure environment protected from misuse, interference and loss and any unauthorised access, modification or disclosure.

Miss Louise’s data security practices have been adopted with a view to protecting the data held by Miss Louise.  Notwithstanding this, individuals should be aware that there are inherent risks associated with the transmission of data over the internet and other mediums.  Accordingly, Miss Louise cannot guarantee any transmission will be completely secure.

  1. Warranties and Representation

This Privacy Policy does not constitute a contractual representation, promise, guarantee or warranty by Miss Louise to you as to the manner in which Miss Louise will or may collect, store, use, disclose, protect or otherwise handle your personal information. Some matters are beyond the control of Miss Louise, such as third party malicious or criminal attacks.

  1. Access to/correction or updating of your personal information

You have a right to request access to the personal information we hold about you. You may also ask Miss Louise to correct information about you that you may believe is inaccurate, incomplete or out of date. To obtain a copy of the personal information we hold about you, please write to us at:

The Privacy Officer

Miss Louise

enquiries@misslouise.com.au

Please provide sufficient detail about the information in question to help us locate it.

In certain circumstances, Miss Louise may refuse, or be unable, to correct or provide you with access to your personal information. In these circumstances, Miss Louise will write to you to explain the reasons why this is the case.

  1. Concerns about privacy

If you have any concerns regarding the privacy of your personal information, or a possible breach of the Act or the Australian Privacy Principles, please write to us at:

The Privacy Officer

Miss Louise

enquiries@misslouise.com.au

In the email please specify the following information:

      1. your name;
      2. your address;
      3. your phone number;
      4. your email address; and
      5. a description of your concern.

We will then use commercially reasonable efforts to promptly determine if there is a problem and take the necessary corrective action within a reasonable time.

If a complaint remains unresolved, you may contact the Office of the Australian Information Commissioner (OAIC) at www.oaic.gov.au to have the complaint heard and determined.

  1. Severability

Any provision of this Privacy Policy which is void or unenforceable may be severed from this Privacy Policy without affecting the enforceability of other provisions.

  1. Waiver

Any failure or delay by us to enforce or exercise a power or right or provisions of this Privacy Policy will not constitute a waiver of those rights or provisions, and the exercise of a power of right by us does not preclude our ability to exercise that or any other power or right in the future. All rights not expressly granted are reserved.

  1. Amendment

We reserve the right at our sole discretion to revise this Privacy Policy at any time. You should visit the Site periodically to review this Privacy Policy. Amendments will be effective immediately upon posting on the Site. Your continued use of the Site following such notification will represent an agreement by you to be bound by this Privacy Policy as amended.

  1. Governing Law

This Privacy Policy is governed by, and must be construed according to, the law in force in the State of Victoria, Australia. The Courts in that State will have the exclusive jurisdiction to determine disputes in relation to this Privacy Policy or any other matter concerning the operation of the Site.

  1. Effective Date

This Privacy Policy is effective on and from Friday 7 August 2020.