- “Personal Information” means information or an opinion about an identified individual (or an individual who is reasonably identifiable), whether true or not, or recorded in a material form or not;
- “Sensitive Information” means information or an opinion about an identified individual in respect of sensitive matters, including (but not limited to) their criminal record and genetic information; and
- “our websites” is a reference to patagonia.com.au or patagonia.co.nz.
Collection of Personal Information
We collect Personal Information from you when:
- you register an account on our websites;
- you use any of our related services, such as subscribing to our newsletter or product notifications;
- you browse our products and services or otherwise interact with our websites;
- you accept our cookies and other tracking technologies on your device;
- you interact with our customer service team or other representatives, for example, via online chat, emails, telephone calls, letter, or face-to-face meetings;
- 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;
- you participate in our affiliate marketing partner network;
- you participate in our promotions and giveaways, initiatives or any request for additional Personal Information such as customer surveys;
- 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 or as a gift;
- 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
- you voluntarily submit your Personal Information to us for any reason.
Where practicable, we will deal with you anonymously or permit you to use a pseudonym during your communications with us. If we require your Personal Information, we will, whenever possible, collect it directly from you. When collecting your Personal Information, we will take reasonable steps to make you aware of the purposes for which the information is collected, the entities, bodies or persons to which we may disclose your information, whether we are likely to disclose your information to overseas recipients, and the consequences if you fail to provide the requested information.
Personal Information is usually collected during our relationship with you and may be provided by you through correspondence (e.g. via email, through our websites by making a purchase or by entering competitions, events or promotions) or via telephone communications.
Examples of the types of Personal Information we may collect include your name, contact details, mailing and delivery addresses, email address, date of birth, bank account details, your shopping or browsing behaviours, voice recording (from customer service calls) and any other personally identifiable information that you have provided us in any form you may have submitted to us, or in the course of any other forms of interaction between you and us. Personal Information may also include network and device data such as IP address and device or advertising identifiers and information we obtain using cookies or other tracking technologies.
We also collect Personal Information from third-party sources and platforms (including data validation services, authentication service providers, social networking sites, online marketing and segmentation providers and ad targeting companies). If your Personal Information is collected from third parties, we will notify you and provide you with details relating to the Personal Information collected and the manner in which it was collected. We will also ensure that we are permitted to receive the information. If we are permitted to receive the information, we will handle it pursuant to the relevant privacy principles. If we determine that we are not permitted to receive the information, we will, as soon as practicable, destroy the information or ensure that it is de-identified.
We will not collect Sensitive Information from you unless you consent to the collection of the information and the information is reasonably necessary for our business activities (see below), or we are required to do so by law.
If you provide us with information about any third party, you must obtain that person’s permission to give us the information and inform them that you have given the information to us.
Purposes for collecting your Personal Information
We only collect your Personal Information for purposes reasonably necessary for our business activities, including but not limited to the following:
- to answer your enquiries and deliver customer service to you;
- to carry out our obligations arising from any contracts entered between you and us and to provide services and products to you;
- to tell you about, or promote, Patagonia products that we think may be of interest to you;
- maintain and improve customer services;
- facilitate your interaction with us on our websites;
- consider any application for employment made by you;
- meet our legal obligations;
- manage and resolve any legal or commercial complaints and issues;
- carry out internal functions including training;
- conduct marketing research and analysis; and
- to satisfy your warranty or product service or repair requirements.
Use and disclosure of your Personal Information
We will use and disclose Personal Information for the primary purposes for which it was collected, and for other related purposes we consider will be within your reasonable expectations. If we use your Personal Information for any other purpose, we will first obtain your consent, unless we are required or permitted by law to use or disclose your Personal Information without obtaining your consent.
In the course of conducting our business, we may disclose your Personal Information to:
- our employees, consultants, temporary workers or other representatives;
- payment processors, who process your payment on our websites;
- logistics providers, such as courier, fulfilment or parcel-pickup services which will deliver your order to you, and parcel return partners;
- our professional advisers, bankers and auditors;
- agents, contractors or service providers who provide operational services to us or who help provide our services to you, such as online cloud storage and processing, fraud detection and monitoring, marketing optimisation, information technology, telecommunications, market research, customer analysis or tracking, security or other relevant services which requires that entity’s collection, use or disclosure of your Personal Information;
- Government and regulatory agencies law enforcement, legal advisers or similar third parties, if required by law; and
- any other party whom you authorise us to disclose your Personal Information to.
In limited circumstances we may provide your Personal Information to third parties such as co-sponsors or promoters of events we are running. In such cases we will take reasonable steps to ensure you are aware that this may be the case when the information is collected.
We may use or disclose your Personal Information for the purpose of direct marketing in relation to our products, services or brand. We may contact you for the purpose of direct marketing via email. If you do not wish to receive such communications, please select the unsubscribe link in our email communications you receive or contact our customer service team and we will respect your request and cease future communications. If you do not unsubscribe in either of these ways, you will be taken to have consented to receiving such communications from us.
We do not disclose Personal Information we collect to third parties for the purpose of allowing them to direct market their products and services to you.
Disclosure of Personal Information to Overseas Recipients
We share information, including your Personal Information, between our businesses located in Australia and New Zealand. We also share information with related entities in the United States. Sometimes, we may also disclose your Personal Information to third-party services and platforms that we use to deliver our products and information, process sales, deliver marketing messages, and for technical support. Such services and platforms are operated by entities other than Patagonia Australia, and some are hosted in overseas countries, namely Canada, the United States and New Zealand. Where required, before any disclosure of your Personal Information is made to an overseas recipient, we will take reasonable steps to ensure that the overseas recipient does not breach the relevant privacy principles in respect of the information.
Security of your Personal Information
We have in place reasonable security arrangements to ensure that your Personal Information is adequately protected and secured and to prevent any misuse, interference, loss, unauthorised access or disclosure of your Personal Information. Security measures include allocating employee specific, multifactor protected accounts for all third-party systems used to manage customer information; reasonable IT security measures such as data encryption, firewalls and antivirus controls; physical measures such as avoidance of paper records, destruction of sensitive records if required and employment of security services at all premises. We will take reasonable steps to destroy or de-identify any Personal Information we hold as soon as we no longer need to hold it (as permitted by law).
Furthermore, we have in place a data breach response plan which enables us to contain, assess and respond quickly to any data breaches and to reduce the potential risk of harm to individuals.
We will not be responsible for any unauthorised use of Personal Information by third parties which is attributable to factors beyond our control. We are not responsible for the online privacy practices of third parties.
Further, given that no data transmission over the internet can be guaranteed as completely secure, we cannot guarantee the security of any (personal or other) information you transmit to us, and as such we will not be liable for any breach of security or unintended loss or disclosure of information.
Our websites are professionally hosted and operate in a secure environment. You should, however, be aware that there is always an inherent risk in transmitting your Personal Information via the Internet. Please do not enter any credit card details when contacting us via email, text message or through our websites’ chat functions.
Cookies and Tracking Technologies
When you visit our websites you can browse them and access important information without revealing your identity. In order to improve our websites, we use "cookies" to track your visit. A cookie is a small amount of data that is transferred to your browser by a web server and can only be read by the server that gave it to you. It cannot be executed as code or deliver viruses.
We use the services of third-party vendors, who may implement one or more persistent tracking technologies (such as cookies, eTags, pixels, web beacons/ GIFs, local storage, or other identifiers on your device and browser settings) in order to recognise you and your device each time you visit our websites. We use these technologies to enhance your online experience, such as for preference setting, offer selection, analytics, conversion attribution and fraud reduction. We use both session and persistent tracking technologies.
You may reject first-party and third-party tracking technologies through the settings on your browser. Note that this may result in the loss of website functionality, restrict your use of the website, or delay or affect the way in which the website operates.
Access to your Personal Information
You may request access to your Personal Information that we hold by contacting our Privacy Officer by mail, email, or telephone (details below). We will deal with your request within a reasonable time and we will provide you with access to your Personal information we hold, unless we are prevented by law from doing so. Note that we may recover from you any reasonable cost of providing you with access. Before providing such information, we may need to take measures to verify your identity, to protect your privacy and the privacy of others.
If we refuse to provide you with access to the information, we will provide you with reasons for the refusal, unless it would be unreasonable to do so. If you wish to complain about a refusal for access to your Personal Information, you may contact our Privacy Officer. We will deal with your complaint within a reasonable time.
Correction of your Personal Information
You should ensure that all Personal Information you submit to us is accurate, up-to-date, complete, relevant and not misleading. Failure to do so may result in our inability to provide you with the products and services you have requested. You should keep us updated of any relevant changes to your Personal Information. You may request to have your Personal Information that we hold corrected by contacting our Privacy Officer. We will respond to your request to make such a correction within a reasonable time.
If we refuse to correct your Personal Information as requested, we will provide you with reasons for the refusal, unless it would be unreasonable to do so. If you wish to complain about a refusal for correction of your Personal Information, you may contact our Privacy Officer. We will deal with your complaint within a reasonable time.
We will take reasonable steps to ensure your Personal Information likely to be used by us or disclosed by us is accurate, up-to-date, complete, relevant and not misleading. We will also take reasonable steps to notify other entities to which we have disclosed your Personal Information of corrections once they are made.
Patagonia Australia Privacy Officer
5 Baines Crescent
Torquay Victoria, 3228
Telephone: +61 3 5261 4411
If you consider your privacy concerns have not been resolved satisfactorily by us, or you wish to obtain more information on privacy requirements, you can contact: