1. Our Commitment To Privacy

In this policy, “We”, “Us”, “Our”, “Lulu & Rose” or “luluandrosefashion.com.au” means Next Athleisure Pty Limited trading as Trend Imports (ABN 50087277512) its related bodies corporate (defined in the Corporations Act 2001). This Policy applies to Trend Imports, including wholly owned subsidiaries of Trend Imports as well as the practices of the agents and contractors engaged by us.

This Policy outlines how we manage your Personal Information and applies to your use of any Trend Imports-owned website and your dealings with us as a customer or subscriber (collectively, our “Services”). Your information is collected, used and disclosed in accordance with the Privacy Act 1988 (Commonwealth) (“Privacy Act”).

By accessing or using our Services, you represent to us that you have read and consent to our collection, use and storage of your Personal Information and Sensitive Information as described in this Policy. Please note that this Policy is to be read in conjunction with our Terms of Use.

  1. Types of Personal Information we collect

The types of information we collect will vary depending on your dealings with us, and the products, services and benefits we provide to you through our Services.

PERSONAL INFORMATION FROM YOU

We lawfully collect Personal Information, as defined in the Privacy Act, when you register, use, subscribe to, purchase from or take part in any of our Services.

We collect information that you provide to us via use of our Services as well as through any other means used to contact us (such as email or phone). The kinds of Personal Information we collect may include your contact and enquiry information such as your name, address, email address, phone number, mobile number, date of birth, gender, password, and where applicable, your billing information, transaction details and credit card information.

AUTOMATICALLY COLLECTED PERSONAL INFORMATION

Information is also generated whenever your device and/or its software is used to access our Services, including your IP address, browser type, internet service provider, platform type, the specific page you are on, the website from which you came and the website to which you are going when you leave our website, date and time stamp and cookies that may uniquely identify your browser. We collect such information for statistical and maintenance purposes so that we can evaluate and improve our website performance, and Services to you.

Please note that some of the information we collect, for example an IP address, can sometimes be used to approximate a device's location.

COOKIES

Some parts of our website use "cookies". A cookie is a small text file that is placed on your computer's hard-drive by a web page server. Cookies store information about your use of our website, and enable us to identify new or previous visitors, and provide additional benefits to you, such as retaining products that were added to the cart last time you visited. Most web browsers are set to accept cookies, but this function can be disabled if you wish, however please be aware that if you choose to do this, some functionality of our website will not be available to you.

  1. Why we collect Personal Information

We collect your Personal Information as outlined in this Policy for the purposes described below:

  • a) For provision of the Services, including the general provision of the functions and features that are part of the Services;
  • b) For fulfilment of orders or purchases that you make from us or our website and associated uses;
  • c) To offer or provide you with loyalty benefits, discounts or other such activities that may be operated by us or third parties;
  • d) For administration and operational purposes, including accounting, risk management, record keeping, banking, archiving, systems development and testing, and staff training;
  • e) For communication with you and to provide messaging and/or communications to you in association with the functions and features of the Services;
  • f) For communicating to you any announcements and updates, updated terms, conditions and policies, security alerts, technical notices, purchase confirmation, invoices, support and administrative messages;
  • g) For security purposes, including to protect the Services and our property from abuse, fraud, malicious, unauthorised access or potentially illegal activities, and to protect our rights, safety and property;
  • h) For sending marketing communications to you, including notifying you of promotional or advertising offers, contests and rewards, upcoming events and other news about products and services offered by us and our selected partners that may be relevant to your interests and use of our Services;
  • i) To assist in identifying and improving upon methods to better provide our Services in a more effective and relevant manner to you and other customers; and
  • j) For the performance of other functions as may be otherwise be described at the time of collection or as consented to in relation to our Services.

Information collected for analytical or re-targeting purposes is recorded in a way that does not identify the user, or reveal the Personal Information of any particular user. We use this information to evaluate demand for products and services. We may also use anonymous data to help advertisers deliver better-targeted advertising.

  1. How we collect Personal Information

We collect Personal Information from you through your use of our Services, such as when you create an online account, subscribe to our e-newsletter, transact with us, or partake in a service, in the course of providing you that service, or when you have other dealings with us.

We may collect and update Personal Information over the phone, over the Internet, when you write to us, or if you participate in our marketing campaigns, competitions and promotions.

  1. Storage and protection of Personal Information

We store Personal Information in a combination of secure computer facilities and paper-based files and other records. In so doing, we have taken reasonable steps to protect your Personal Information from misuse, loss and unauthorised access, modification or disclosure in accordance with this Policy. The Personal Information we collect from you is stored electronically in password-protected servers located in the United States of America, Australia and other countries.

We use a RapidSSL CA SSL certificate from GEO Trust Inc. for extra security. This is a high-grade RSA2048bit Encryption key (supporting Camellia-256, AES-256 cipher) that ensures your payment and personal info remains secure during your payment. Some information may also be stored in physical form where necessary. Your details may be securely stored by Shopify (our payment partner), which is PCI DSS compliant.

 

Please note however, that no method of electronic transmission or storage is 100% secure and we, cannot guarantee the absolute security of your Personal Information. All Personal Information disclosed to us is at your own risk and we are not liable for any unauthorised access to your Personal Information.

Access to files containing your Personal Information is granted to our employees and contractors, and is also granted to our third party service providers such as our website host.

We reserve the right to maintain and store any information or data where, we reasonably believe, in our sole discretion, that such action is required to comply with any legal or regulatory obligations, to prevent criminal or other unlawful activity whether immediate or in the future, or where we have a legitimate business reason to do so, including collection of amounts owed, resolving disputes, enforcing our Terms of Use or for record keeping integrity.

If your Personal Information is determined to no longer be needed for the purposes outlined in this Policy, reasonable steps will be taken to destroy or permanently de-identify that information except where required by law or a court or tribunal to retain the information.

  1. How we use Personal Information

Disclosure of your Personal Information will occur in accordance with the purpose for which it was collected or as outlined in this Policy. Accordingly, your Personal Information may be disclosed as outlined below.

TREND IMPORTS, RELATED BODIES CORPORATE

Your Personal Information may be accessed by us, including our directors, employees, officers and contractors. You consent to us providing your Personal Information to our Related Bodies Corporate (as defined in the Corporations Act 2001 (Cth)).

PARTIES REQUIRED BY LAW

Your Personal Information may be disclosed by us to any party to whom we are required by law to provide your Personal Information and to any party to whom disclosure is permitted under the Australian Privacy Principles.

DIRECT MARKETING

By accessing or using our Services, you consent to us using or disclosing Personal Information (other than Sensitive Information) to keep you informed about our products and services and other products and services that we consider may be of interest to you. For this purpose, disclosure may be made to our third party service providers. We may communicate with you via email, social media, SMS, mailchimp, newsletters, telephone or regular mail. If you have indicated a preference for a method of communication, we will endeavour to use that method wherever practical to do so.

You can opt-out of direct marketing communication activities undertaken by us at any time by clicking the “unsubscribe” or “opt-out” link on email communications from us, or by contacting us at enquiries@trendimports.com.au. Note that you cannot opt-out of non-promotional messages necessary for the provision of Services to you, such as our replies to contact requests.

OTHER THIRD PARTIES

We may share your Personal Information with third parties if it is reasonably related to the provision of our Services.

The third parties that we may share your Personal Information with include consultants and other service providers to us that perform services on our behalf. Such services we procure may include identifying and disseminating advertisements, enforcement of our terms and conditions, providing fraud detection and prevention services, processing payments or providing analytics services.

We may also share your Personal Information with our third party business partners who offer goods or services to you jointly with us (for example, loyalty benefits, discounts, special pricing offers, contests or promotions).

We may also share your Personal Information with third parties with your consent in a separate agreement, in connection with any company transaction (such as a merger, sale of assets or shares, reorganisation, financing, change of control or acquisition of all or a portion of our business by another company or third party) or in the event of bankruptcy, dissolution, divestiture or any related or similar proceedings.

Note that we reserve the right to share your Personal Information with other third parties where, in our sole discretion, it is required to:

  • a) investigate and defend ourselves against any third party claims or allegations
  • b) protect against harm to the rights, property or safety of Trend Imports or the public as required or permitted by law; and
  • c) detect, prevent or otherwise address criminal (including fraud or stalking), security or technical issues.
  1. Third Party Websites

Our Services may, from time to time, contain links to and from websites which are owned or operated by other parties. Our links to third parties do not constitute sponsorship, approval, endorsement of the content, policies, practices or services offered by those parties unless expressly stated by us in writing.

These websites are governed by their own privacy policies and we recommend that you make your own enquiries as to their privacy policies. We are not responsible and do not accept any liability for any information on, or the privacy practices of, any third party websites.

  1. Access to Personal Information

We take reasonable steps to make sure that the Personal Information we collect, use or disclose is accurate, complete and up-to-date. If your personal details change, such as your address or phone number, please contact us to update your details.

At any time, you may request access to Personal Information we hold about you. Following a request, we will provide you with a copy of any Personal Information which we hold about you in accordance with our obligations under the Privacy Act. We may refuse to provide access if the law allows us to do so, in which case we will provide reasons for our decision as required by law.

You may also submit a written complaint about how we handle your Personal Information to our Privacy Officer. We will promptly acknowledge and investigate any complaint about the way we manage Personal Information. If you are not satisfied with our handling of your complaint or we have not replied to you within a reasonable period of time, then you are entitled to make a complaint to the Office of the Australian Information Commissioner.

Please note that if you opt out of receiving certain communications, this will only affect future communications from us and will not affect any communications that have already occurred or any information already stored about you.

  1. Amendments

We reserve the right to amend this Policy from time to time as we see fit. While we endeavour to notify you as soon as reasonably possible of any changes to our Policies by email or by a notice on our website or mobile app, it is your responsibility to keep up to date with any changes or amendments by checking this page prior to using our Services. This page contains our most accurate and up to date version of our Privacy Policy.

  1. Contacting us

If you have any questions about this privacy statement, if you wish to update information we hold about you or if you wish to make a complaint, please write to:

The Privacy Officer
Lvl 12, 54 Park St, Sydney NSW 2000

  1. Disclaimer

This Policy does not replace or limit the requirements of the Privacy Act. For more information about privacy issues in Australia and protecting your privacy, visit the Australian Federal Privacy Commissioner's website; http://www.privacy.gov.au/.

 

Trend Imports Sign Up Competition

Conditions of Entry

Promoter

Trend Imports Pty Ltd ABN 50 087 277 512, Level 12, 54 Park Street, Sydney NSW 2000. Phone: (02) 9256 8400 

Entry Restrictions

Open only to Australian residents aged 16 years or over who have subscribed to Instagram except directors, officers, management and employees (and the immediate families of directors, officers, management and employees) of the Promoter, or of the agencies or companies or participating store(s) associated with this competition.

Entrants under 18 years old must have parental/guardian approval to enter this competition. The parent/guardian of the entrant must read and consent to these Conditions of Entry. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor entering this competition.

Competition Period

From 5:30 PM (AEST/AEDT) on 24 March 2020 to 11:59 PM (AEST/AEDT) on 29 March 2020.

Entry Method

During the Competition Period, entrants must:

(a)               Visit www.luluandrose.com.au

(b)               Sign up to the Lulu & Rose database

(c)                TAG 1 friend on the Competition Post.

Entrants must ensure their Instagram privacy settings are set to ‘public’ (in order for the Promoter to retrieve the entrant’s competition post).

Draw Details

11:00 AM (AEST/AEDT) on 30 March 2020 at Level 12, 54 Park Street, Sydney NSW 2000, Australia.

Winner Determination

The first valid entry that complies with the Entry Method randomly drawn from all valid entries received during the Competition Period will win the prize.

The winner is encouraged to share the prize with their friend who was tagged in the competition.  However, the Promoter accepts no responsibility for any disputes arising between a winner and any tagged friend. 

Prize Details

1 x Lulu & Rose clothing prize pack to the value of $1000 inclusive of GST

Prize Pool

The total prize pool is valued at AUD$1,000 (GST inclusive).

Winner Notification and Publication

The winner will be notified in writing (direct Instagram message) within two days of the draw and their Instagram handle may be published on the Promoter’s Instagram page or by Instagram stories, or a combination of both.

Prize Claim Date and Time

Prizes must be claimed within 1 week of the draw date.

Unclaimed Prize Draw Details

11:00 AM (AEST/AEDT) on 6 April 2020 at the same location as the original draw.

Unclaimed Prize Draw Winner Notification

Any winner in the Unclaimed Prize Draw will be notified in writing (direct Instagram message) within two days of the Unclaimed Prize Draw and their name and State/Territory of residence may be published on the Promoter’s Instagram page.

Permit Numbers

Authorised under NSW Permit No. LTPM/19/04951

FOR THE NSW LOTTERY DEPARTMENT’S REFERENCE ONLY

First potential commencement date:                        1/10/2019

Last potential closing date:                                       30/09/2020

Last potential draw date:                                          30/09/2020                                                                              

Last potential publication date:                                 27/09/2020                                                                              

Last potential unclaimed prize draw date:                28/09/2020

Last potential unclaimed prize publication date:       29/09/2020

·       No individual prize will exceed $1,000

·       The total prize pool is capped at $100,000

·       No prohibited prizes will be given away 

 

1                   Information regarding prizes and how to enter forms part of these conditions.  By entering, entrants accept these conditions.

2                   The competition will be conducted during the Competition Period.

3                   Entries must be received during the Competition Period.  Entries are deemed to be received at the time they are received by the Promoter’s database and not at the time of submission by the entrant.  The Promoter has no control over communications networks and is not liable for any problems associated with them due to traffic congestion, technical malfunction or otherwise.  The Promoter is not liable for any consequences of user error including (without limitation) costs incurred.  Entrants who enter using multiple email addresses, social media accounts or aliases may be disqualified.  Consumers are responsible for their own costs associated with accessing the Internet.  Automatically generated entries may be disqualified.

4                   The Promoter is not liable for late, lost, incomplete, misdirected, incorrectly submitted, delayed or illegible entries, correspondence or claims for prizes due to error, omission, tampering, theft, destruction or otherwise.

5                   The draw will be conducted at the time, on the date and at the location as stated in the Draw Details.

6                   The prize is as stated in the Prize Details.

7                   If any winner (or a winner’s tagged friend) is aged under the age of 18 years at the closing date of the competition, the prize will be awarded to the winner’s parent or guardian on the winner’s (and their tagged friend’s, if applicable) behalf.  As a condition of accepting or participating in any prize on behalf of a winner (and their tagged friend, if applicable), the winner’s parent or guardian accepts these conditions.

8                   The winner will be notified in accordance with the Winner Notification and Publication.  By entering this competition, each entrant requests that his or her full address not be published.

9                   The winner must, at the Promoter’s request, participate in all promotional activity (such as publicity and photography) surrounding the winning of the prize, free of charge, and they consent to the Promoter using their name, image any relevant video footage of them and comments relating to the prize in any future promotional marketing and publicity (including worldwide media) for an unlimited period.

10                The Promoter may require the winner to provide proof of identity, proof of age and proof of residency.  Identification considered suitable for verification is at the Promoter’s discretion. The winner will be responsible for providing accurate delivery address details to receive delivery of the prize (including liaising with any third party delivery company if required).

11                If a winning entry is deemed not to comply with these conditions of entry, the entry will be discarded and a new winner of that prize will be determined by drawing a further valid entry in accordance with paragraph 5.

12                The Promoter may, in its sole discretion, disqualify all entries from, and prohibit further participation in this competition by, any person (including without limitation the winner) who tampers with or benefits from any tampering with the entry process or with the operation of the competition or acts in violation of these conditions, acts in a disruptive manner or acts with the intent or effect of annoying, abusing, threatening or harassing any other person or behaves in a manner which may diminish the good name or reputation of the Promoter or any of its related bodies corporate or the agencies or companies associated with this competition, is contrary to law or is otherwise inappropriate. 

13                If this competition is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any entrant; or (b) subject to the instructions of any regulatory authority, to modify, suspend, terminate or cancel the competition, as appropriate

14                The Promoter’s decision is final and no correspondence will be entered into.

15                The prize is not transferable or exchangeable and cannot be redeemed for cash. Where the prize comprises, in part or in whole, gift cards, vouchers or event tickets, any ancillary costs associated with redeeming a gift card/voucher/event ticket are not included. Any unused balance of a gift card/voucher/event ticket will not be awarded as cash. Redemption of a gift card/voucher/event ticket is subject to any terms and conditions of the issuer including those specified on the gift card/voucher/event ticket. Ticket prizes are subject to the event venue and ticket terms and conditions, including any applicable age restriction.The Promoter accepts no responsibility for any variation in prize value.  If the prize is unavailable for any reason, the Promoter may substitute for that prize another item of equal or higher value as determined by the Promoter, subject to the approval of the NSW gaming authority if required.

16                If the prize has not been accepted or claimed in accordance with the Prize Claim Date and Time, the relevant winner’s entry will be deemed invalid and the Promoter will conduct such further draws in accordance with the Unclaimed Prize Draw Details as are necessary to distribute the prize, subject to any requirements of the NSW gaming authority.  Any winner(s) in this draw will be notified as stated in the Unclaimed Prize Draw Winner Notification and Publication. Subject to the unclaimed prize draw, if for any reason a winner does not take or claim a prize (or an element of a prize) by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.

17                The Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury, illness or death which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this competition or accepting or using any prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).  Nothing in these conditions restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth).

18                Without limiting the previous paragraph, the Promoter and its associated agencies and companies will not be liable for any damage, loss or delay in transit to the prize. The prize will be delivered in Australia only.

19                The Promoter may communicate or advertise this competition using Facebook.  However, the competition is in no way sponsored, endorsed or administered by, or associated with, Facebook.  Entrants are providing their information to the Promoter and not to Facebook.  Each entrant completely releases Facebook from any and all liability.

20                If for any reason any aspect of this competition is not capable of running as planned, including by reason of computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any cause beyond the control of the Promoter, the Promoter may in its sole discretion cancel, terminate, modify or suspend the competition, or invalidate any affected entries, subject to the approval of the relevant  gaming authorities if required.

21                The Promoter is not liable for any tax implications arising from prize winnings.  Independent financial advice should be sought.  Where this competition involves, for GST purposes, supplies being made for non-monetary consideration, entrants will follow the Australian Taxation Office’s stated view that where the parties are at arm’s length, goods and services exchanged are of equal GST inclusive market values.

22                Entry and continued participation in the competition is dependent on entrants following and acting in accordance with the Instagram Rules, which can be found at http://instagram.com/about/legal/terms. This competition is in no way sponsored, endorsed or administered by, or associated with Instagram. Entrants understand that they are providing their information to the Promoter and not to Instagram. The information an entrant provides will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments or complaints about this competition must be directed to the Promoter and not to Instagram.

23                The information entrants provide will be used by the Promoter for the purpose of conducting this competition. The Promoter discloses entrants’ personal information to its related companies, contractors and agents to assist in conducting this competition, storing data or communicating with entrants.  Those disclosures may be made to organisations in locations such as the United Kingdom. By entering this competition and providing the Promoter with your information you agree that you will be opted in to receive regular marketing communications (including notifications of new products and offers) from Trend Imports. You can unsubscribe at any time by following the instructions contained in the promotional emails.  We may also use your personal information for market research activities. For full details on how Trend Imports uses your information, how you can access or correct personal information we hold about you, how you can make a privacy complaint and how we will deal with a privacy complaint view our Privacy Policy here: https://luluandrose.com.au/pages/privacy-policy