Rise Tough Australia Privacy Policy

Thank you for accessing the RISE TOUGH Australia Website (“Site”) operated by RISE TOUGH Australia PTY LTD. We respect your privacy and want to protect your personal information. To learn more, including how to exercise your rights to access and correction, please read this Privacy Policy.

Defining specific terms:

• “RISE TOUGH” means RISE TOUGH Australia Pty Ltd.
• “Personal information” has the meaning given to that term in the Privacy Act 1988 (Cth) No. 119 1988 (as amended) (“the Privacy Act”) and includes information that is reasonably capable of identifying an individual such as name, address and date of birth. Personal information may include "sensitive information".
• “Sensitive information” has the meaning given to that term in the Privacy Act 1988 (Cth) and includes information relating to health or religion, racial or ethnic origin, among others.
• “We”, “us” and “our” refer to RISE TOUGH.
• “APPs” refer to the Australian Privacy Principles set out in Schedule 1 to the Privacy Act.

In respect of the collection, use and disclosure of personal information, RISE TOUGH is subject to the Privacy Act, including the Australian Privacy Principles (APPs), and commits to managing personal information in an open and transparent way.

This Privacy Policy explains the kinds of personal information that we collect and hold, how we collect, use and (under certain conditions) disclose your personal information, and for what purposes. This Privacy Policy also explains the steps we have taken to secure your personal information. Finally, this Privacy Policy explains your options regarding the collection, use and disclosure of your personal information. By visiting the Site directly or through another site, you accept the practices described in this Policy.

This Privacy Policy applies to any online and offline collection of your personal information (the "Services"). Please see below for details.

We are not responsible for the content or privacy practices on any web site not operated by RISE TOUGH to which the Site links or that links to the Site.

1. Information Collection and Use

Personal Information Types and Purposes for Collection.

We collect information from you in several different ways on this Site. One goal in collecting personal information from you is to provide an efficient, meaningful, and customized experience. 

For example, we can use your personal information to:

• help make the Site easier for you to use by not having to enter information more than once.
• help you quickly find information, products, and services.
• help us create content that is most relevant to you.
• alert you to new information, products, and services that we offer.

The kinds of personal information that RISE TOUGH collects and holds about you will depend on the nature of your dealings with us and the circumstances of collection. 

Specifically, the kinds of personal information that RISE TOUGH collects and holds and the purpose for such collection, includes:  

• Identity Datasuch as first name, last name, username or similar identifier, date of birth or age range, title. We collect it to verify your identity and associate other information to you. 
• Contact Datasuch as billing address, delivery address, email address, and phone numbers. We collect it to fulfill your order and to contact you for different reasons depending on the purposes stated below, including for administrative reasons—for example, if there is a recall.
• Transaction Datasuch as details about payment method, details of products and services purchased or viewed. We collect it to provide our products and Services to you, such as to fulfill your order or process an exchange or return. We may also collect it to better know you as a customer.
• Technical Datasuch as internet protocol (IP) address, login data, browser type and version, internet connection, time zone setting and location, operating system and platform logs, and other technology on the devices you use to access this Site. We collect it to provide our Site to you and provide our products and Services to you, as well as for security and system troubleshooting purposes. We may also collect it to give us clues about where you are. 
• Profile Datasuch as username and password. We collect it to open your RISE TOUGH account.
• Behavioural and Preference Datasuch as inferences or tendencies based on purchases or orders made or viewed by you, your interests, preferences, other demographics, and feedback or survey responses. We collect it to provide better products and Services. We also collect it to know you better as a customer and better personalize your experience, such as by sending you marketing messages and advertisements containing only products that we think you might be interested in.
• Usage Datasuch as information about how you use or Services, such as date and time of your visit to our Site, clicks, browsing history, and website traffic data. We collect it to better understand your browsing behaviour, interests or devise usage, as well as for fraud prevention and security.
• Marketing and Communications Datasuch as your preferences in receiving marketing from us and our partners who are authorized to communicate with you, participate in sweepstakes and other prize competitions, to request us to notify you of new brands, new product styles, or product sizes, and other communication preferences. We collect it to make sure we are contacting you only when you want to be contacted. Your participation in a contest or sweepstakes is completely voluntary, so you have a choice whether to participate and disclose information to us. We use this information to notify contest and sweepstakes winners, and to award prizes. We may post on the Site the names and cities of contest and sweepstakes winners. By entering a contest or sweepstakes, you may be opting in to receive our email newsletter and special offers, and this will be disclosed in and governed by the official rules governing the contest or sweepstakes.
• User-generated content (“UGC”)such as content provided or posted by you, on RISE TOUGH webpages, social media platforms, in promotional emails and advertisements, and any other initiatives. We collect this to show how our customers are engaging with our brand.
• We also collect Social Media User Content Datasuch as any social media information that you have shared publicly such as your profile, social media handles, social media interactions and public postings, your “likes” and reactions, your social media connections, your photos, images or videos that are public, or those you send to us by mentioning us or following our social media posts by using “handles” or “hashtags”, comments or messages you shared with us publicly or privately on social media platform.

We may also collect your personal information, such as Identity Data and Contact Data, if we are entering into and managing a business relationship with RISE TOUGH as a company or private person, such as an Ambassador. 

RISE TOUGH does not ask you to provide, and we do not knowingly collect, any sensitive information from you. Unless we request it, we ask that you not send us, and you not disclose, any sensitive information on or through the Services or otherwise to us.

Minors.

We respect children’s privacy. We do not knowingly or intentionally collect personal information from children under age 18. If you are under the age of 18, please do not submit any personal information to us, and rely on a parent or guardian to assist you.

 

How We Collect Your Personal Information.

RISE TOUGH generally collects personal information about you directly from you, such as when you visit our Site or interact with us in writing, electronically or by telephone, contact customer service, register a product, respond to a survey, create an account, or if you participate in one of our promotions or events or sign up for email communications.

We also collect personal information automatically. We may automatically collect certain information about the computer or devices you use to access our Services, including IP address, browser type, how your device interacts with the Services, and real-time information about the location of your computer or device. We and our third parties may also collect information about your user activity of our Services and browser habits via cookies, web beacons, pixel tags, and other tracking technologies about your online activity, and interactions with our emails, online, and mobile advertisements. 

• Cookies are text files that are placed on your computer or mobile or handheld device (such as smartphones or tablets) when you visit certain pages on the internet or use certain mobile applications. They are used to “remember” when your computer or device accesses this Site. Cookies are stored in your browser. The cookie will help the Site, or another website, to recognize your device the next time you visit. Most cookies won’t collect information like a name or email address that directly identifies you as a person, and instead use it in efforts to collect more general information such as how visitors arrive at and use our Site. Cookies may, however, be used to create a profile of the visitor's activities on the Internet, and they can contain unique identifiers or any form of personal information. You can set your browser to refuse cookies from web sites or to remove cookies from your hard drive, but if you do, you will not be able to access or use portions of the Site. We have to use cookies to enable you to select products, place them in an online shopping cart, and to purchase those products. If you use the Site’s online shopping functions, we keep a record of your browsing activity and purchases. 
• Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your device, clear GIFs are embedded invisibly on web pages. We may use clear GIFs (a.k.a. web beacons, web bugs or pixel tags), in connection with our Site and with cookies to, among other things, track the activities of Site visitors, help us manage content, compile statistics about Site usage (including clicks and cursor movements), and engage in targeted advertising. We and our third-party service providers also use clear GIFs in HTML emails, to help us track email response rates, identify when our emails are viewed, whether our emails are forwarded, and customize email or Site content.

Sometimes we may collect personal information from third parties. For example, from other customers when they send you a RISE TOUGH product.

Finally, we may derive personal information or draw inferences about you based on the other types of personal information we collect. For example, we may infer your location based on your IP address, or that you are interested in purchasing a certain type of product based on your browsing behaviour.

 What happens if we cannot collect your personal information?

If you do not provide us with the personal information described above, some or all of the following may happen:

• we may not be able to provide the requested products or services to you, either to the same standard or at all;
• we may not be able to provide you with information about products and services that you may want, including information about discounts, sales or special promotions; or
• we may be unable to tailor the content of our Site to your preferences and your experience of our websites may not be as enjoyable or useful.

 Information Use and Disclosure.

The following are the purposes for which RISE TOUGH collects, holds, and uses your personal information, as well as to whom RISE TOUGH may disclose such information.

(a) Internal Use. We may use and disclose your personal information to process your order, exchanges and returns, provide you with customer service, provide our Site to you, administer your account, share UGC, and keep our records and your contact details up to date. We may internally use your personal information to improve products and the Sites’ content and layout, to improve outreach and for our own marketing efforts (including direct marketing our services and products to you), better understand your interest and preferences to personalize content, and to determine general marketplace information about visitors to the Site. We also use your personal information to develop and manage our business operations, such as data analysis, audits, researching and developing new products and services, analyzing or predicting our users’ preferences, fraud prevention, security and asset protection, and managing business relationships. In order to facilitate such use and the other use described in this Privacy Policy, we may share your information with our related entities and affiliates that are under RISE TOUGH Holdings, Inc.’s control.

(b) Communications with You: We may use your personal information to communicate with you about the Site and your orders and deliveries. Also, we may send you a confirmation email when you register with us. We may send you a service-related announcement on the rare occasions when it is necessary (for example, if we must temporarily suspend our service for maintenance or for product recalls). Also, you may submit your email address for reasons such as to register for a contest or sweepstakes; to request us to notify you of new brands, new product styles, or product sizes; to sign up for email newsletters and special offers. If you submit your email address, we use it to deliver the information to you. We always permit you to unsubscribe or opt out of future emails (see the Rights and Choices section, below, for more details). Because we have to communicate with you about orders that you choose to place, you cannot opt out of receiving emails related to your orders.

(c) External Use and Disclosure. We want to provide you with excellent service and to offer you a great selection. We do not sell, rent, trade, license or otherwise disclose your specific personal information or financial information to anyone other than to related entities and affiliates under common control with RISE TOUGH, except that:

 (i) As do most catalogue and Internet retailers, we sometimes use other third parties and suppliers to perform certain functions and services on our behalf and we may disclose your personal information to them for that purpose.  These service providers include web hosting providers, IT systems administrators, mailing houses, couriers, payment processors, data entry service providers, electronic network administrators, debt collectors, and professional advisors such as accountants, solicitors, business advisors and consultants. When we disclose information to these service providers, we disclose information to help them to perform their service for us. For example, in order to deliver products to you, we must share some information with our shipping partners. We partner with third parties (such as the U.S. Postal Service, United Parcel Service, and Federal Express) to ship products, to ensure delivery, and so that we can obtain feedback, improve the quality of our service, and measure and improve the quality of the service of the third party. In the example of shippers, we provide them some personally identifiable information such as your name, shipping address, email, and phone number. 

(ii) Similarly, to process your payment when you purchase on our Site, we must provide your credit card number to financial-services corporations such as credit-card processors and issuers. When we submit your credit card number for payment processing, we use industry standard methods to protect your information. Such information is passed through an iframe, and thus RISE TOUGH never collects or retains your full payment card number. (More on this below in the Data Security section.)

(iii) We may share personal information we collect with our marketing and advertising partners for the purpose of marketing services and products you might want.

(iv) We may disclose your personal information with social media partners and online search platforms. These parties, including Facebook and Instagram, help us to expand our brand, allow you to interact with RISE TOUGH on the platforms where you are, and allow us to provide tailored marketing of our products. Such partners act as Joint Controllers of your personal information along with RISE TOUGH, and thus will handle shared information under their terms of their own privacy notices. This means that we provide you with information in this Privacy Policy, but you should also read the privacy notices of our partners.

(v) We may disclose such information in response to a request from public and government authorities; requests from law enforcement officials conducting investigations; subpoenas; a court order; or if we are otherwise required to disclose such information by law. We also will release personal information where disclosure is necessary to protect our legal rights, enforce our Terms of Use or other agreements, or to protect ourselves or others. For example, we may share information to reduce the risk of fraud or if someone uses or attempts to use the Site for illegal reasons or to commit fraud.

(vi) We will not sell (or trade or rent) personal information to other companies as part of our regular course of business. However, it’s possible that we might acquire or merge with or be acquired by another company, or that we might dispose of some or all of our assets. If that happens, your personal information may be disclosed to another company, but that disclosure will be subject to the Privacy Policy in effect.

(vii) We may publicly disclose the name, city, and state of the contest and sweepstakes winners.

(d) We also aggregate and anonymize personal information so that it will no longer be considered personal information. We do so to generate other data for our use, which we may use and disclose for any purpose, as it no longer constitutes personal information.

1. Data Security

The Site incorporates reasonable organizational, electronic and administrative procedures to safeguard the confidentiality of your personal information, including Secure Sockets Layer (“SSL”) for all financial transactions through the Site. We use SSL encryption to protect your personal information online, and we also take several steps to protect your personal information in our facilities. Access to your personal information is restricted. Only employees who need access to your personal information to perform a specific job are granted access to your personal information. Finally, we rely on third party service providers for the physical security of some of our computer hardware, all of whom undergo third party security risk assessments. For example, when you visit the Site, you access servers that are kept in a secure physical environment, behind a locked cage and an electronic firewall.

While we use industry-standard precautions to safeguard your personal information, we cannot guarantee complete security. 

1. Rights and Choices

You may request that we:

• correct or update your personal information; 
• stop sending emails to your email address (you may also opt-out by clicking the “unsubscribe” link at the bottom of any RISE TOUGH marketing email; however, we may still send you important administrative messages from which you cannot opt-out); and/or 
• delete your account to prevent any future purchases through that account; and/or
• provide access to any personal information we hold about you.

Where we hold information that you are entitled to access, we will try to provide you with suitable means of accessing it (for example, by mailing or emailing it to you).  There may be instances where we cannot grant you access to the personal information you have requested. For example, if the request breaches privacy of others or would result in a breach of confidentiality. If this is the case, we will provide you written reasons for the refusal. 

You can make these requests via our RISE TOUGH website at www.risetough.com.au.   Before we process your request, we may need to verify your identity and authority to make such request.

1. How to make a Complaint

If you have any concerns or complaints about the manner in which RISE TOUGH has collected or handled your personal information or your rights under the APPs, please contact our Privacy Team (using the contact details in Section 6 below) and provide details of the complaint so that we may investigate it for you.  

We will attempt to confirm details as necessary, and any expectations you have of the complaint, including the outcome. We will inform you as to whether a formal investigation will take place, the name, title and contact details of the relevant investigating officer, and the estimated completion date for the investigation. Please allow us a reasonable amount of time to respond to your complaint.

Once the investigation is complete, we may formally advise you of the outcome in writing. At this time we may invite you to respond to the outcome of the complaint. If you choose to reply, we will assess it and advise you if the position on the complaint has changed in light of it. If you are not satisfied with our response, you can contact us to discuss your concerns or lodge a complaint with the Australian Information Commissioner (www.oaic.gov.au).

1. Offline Collection, use and Disclosure of Information

As you might expect from us, the majority of information that we collect is obtained through the Site, and this Privacy Policy applies to that online collection of personal information, as well as collection of offline information. One example involves someone calling us to place an order or to ask questions. When someone calls, we will ask only for the personal information we need in order to place the order or to answer the question. As we mentioned, we will try to treat offline collection, uses, and disclosures consistently with our relevant online practices.

1. Contact Details

If you have any questions, concerns, complaints or suggestions about this Privacy Policy, have any requests related to your personal information pursuant to applicable laws, or otherwise need to contact us, please contact us at: 

RISE TOUGH Australia PTY Limited

Gold Coast

www.risetough.com.au

admin@risetough.com.au

You may also reach out to RISE TOUGH’s Privacy Team directly at www.risetough.com.au

1. Updates to the Policy

We will regularly review this Privacy Policy, at least annually, to ensure that it reflects RISE TOUGH’s information handling practices. If we change or update this Privacy Policy, we will post such changes and updates on the Site so that you will always be aware of what information we collect, hold, use and disclose. We encourage you to review this Privacy Policy from time to time so you will know if the Privacy Policy has been changed or updated.