1.1 - This Privacy Policy applies to Rygg Trading Pty Ltd ACN 647 806 102 and Rygg Australia Pty Ltd ACN 164 032 197 and their related entities (together, our, us or we).

1.2 - We are committed to protecting your privacy and to complying with the Australian Privacy Principles as contained in the Privacy Act 1988 (Cth).

1.3 - This Privacy Policy is intended to provide a clear and concise summary of our approach to the handling of personal information in accordance with the Australian Privacy Principles as contained in the Privacy Act 1988 (Cth).

1.4 - Our Privacy Policy appears on our website at rygg.au (Website) and we will also provide a copy of our Privacy Policy to anyone who makes a request, free of charge.

2.1 - By using our Website in any way or ordering any products we provide (Products) from us, you will be deemed to have consented to us maintaining, using and disclosing your personal information in the way described in this Privacy Policy.

3.1 - Under the Privacy Act 1988 (Cth), personal information is defined to mean information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether the information or opinion is recorded in a material form or not.

3.2 - Personal information can include sensitive information. Sensitive information is defined as information or an opinion about a person's race, ethnic origin, political opinions, membership of political associations and trade associations, religious or philosophical beliefs, sexual orientation or practices, criminal record, health information, genetic information about an individual that is not otherwise health information, biometric information that is used for the purpose of automated biometric verification or biometric identification and biometric templates.

4.1 - We collect personal information:

(a) from you;

(b) through our Website and by other electronic communication channels;

(c) from third parties, for example our payment gateway service provider;

(d) from publicly available sources of information;

(e) using cookies and similar technologies;

(f) when we are required to do so by law; and

(g) from our own records.

4.2 - By you visiting our Website or sending an email or other communication to us, we may collect the following type of personal information from you:

(a) personal information, including your name, email address, facsimile number, telephone numbers, residential or business address and other details;

(b) order information, including details of all Products purchased by you;

(c) payment details you use to complete payment to us, which may include credit card, debit card or other method of payment details; and

(d) records of any competitions or promotions you enter with us.

4.3 - When providing Products to you, we may collect the following personal information from you:

(a) personal information, including your name, email address, facsimile number, telephone numbers, residential or business address and other details;

(b) visual images;

(c) audio and visual security footage; and

(d) any other information you provide to us

4.4 - Our server automatically records information your browser sends when it connects to a website. The information provided may include your Internet Protocol (IP) address and your browser type and language. We may also collect information about your usage (for example, by way of cookies) including when you use our Website, other sites you access from our Website, content upload and download, your usage of the services available on our Website and the other website users you connect with through our Website.

4.5 - Our Website may contain links to other third party websites which may collect your personal information. We cannot be held responsible for the privacy practices of other businesses. We encourage you to be aware and to read the privacy statements of each website which may collect your personal information.

4.6 - Our Website is hosted on Shopify Inc. (Shopify), an e-commerce platform that allows us to sell our Products to you online. Any personal information referred to in this Privacy Policy that is provided to us through the Website may also be collected and stored through Shopify's databases. For further information, you can review Shopify's Privacy Policy and its other terms of use.

5.1 - We may use cookies. A cookie is a small text file which may be placed on your Internet browser and which we access each time you visit a website. Without limitation, we may use cookies:

(a) to help our Website to function correctly or to improve the usability, content or user experience of the Website;

(b) to monitor the performance of our Website;

(c) for security;

(d) to build up a picture of the Products you prefer, so that we can then provide you with a personalised experience of our Website and provide you with information of interest to you;

(e) to place advertisements for our Products on other external sites; and

(f) to monitor how our marketing is performing.

5.2 - Most browsers automatically accept cookies, but you can usually modify your browser settings to decline cookies. If you do so, some of the features and services of our Website may not function properly. For further guidance, click "Help" in the toolbar of your browser or review the cookie management guide produced by the Interactive Advertising Bureau at allaboutcookies.org/.

5.3 - For more information on how we use cookies, please refer to our Cookie Policy.

6.1 - We use the personal information we collect to:

(a) provide our Products;

(b) manage and process your inquiries and requests for contact and support;

(c) contact you or communicate with you;

(d) assess an application for credit, open a credit account for you, maintain your account and recover of any monies owed to us;

(e) register any security interest we may have in connection with your credit account on the Personal Property Securities Register or other security register;

(f) obtain from a credit reporting agency a credit report containing personal information about you in relation to consumer or commercial credit or other information about your commercial activities or creditworthiness;

(g) promote, market and advertise our business and Products;

(h) understand more about you, so that we can provide better products;

(i) improve our Products and services;

(j) develop existing and new Products;

(k) advise you of information which may be of interest to you;

(l) provide your contact details to our partners who have agreed to provide you with any offers, goods or services;

(m) maintain and update our business infrastructure and systems;

(n) meet contractual obligations; and

(o) maintain internal records and general administration.

6.2 - If we do not collect the personal information, or the information provided to us is incomplete or inaccurate, we may not be able to provide you with the Products you have requested or any other services including assistance.

6.3 - If you provide us with endorsements, we use these (including any visual images you provide) to promote and advertise our business and Products.

6.4 - At any time, if you no longer wish to receive marketing material from us, contact us in writing and your details will be removed from our marketing database.

6.5 - We do not keep your personal information for any particular period of time, unless we are required to by law.

7.1 - We never sell any personal information.

7.2 - We may disclose your personal information to:

(a) our affiliates, including employees, agents, consultants, insurers, lawyers and professional advisers;

(b) our service providers and contractors, including mail carriers, couriers, hosting providers, IT companies and communications agencies;

(c) our related entities;

(d) our associates and business partners (who offer promotions, services and products from time to time);

(e) personnel involved with the operation of this Website including IT, administration, sales, marketing and system administration staff;

(f) prospective or actual buyers in the event we sell our business or assets; or

(g) any person or entity to which we deem it necessary (in our sole discretion) for complying with any applicable law, regulation, legal process or governmental request (Law).

7.3 - Subject to any Law, upon receipt of a written request from you, we will inform you of the personal information we hold about you. If your request is particularly complex or requires detailed searching of our records, there may be a cost to you in order for us to provide this information.

7.4 - If you believe there are errors in our records about you, please let us know and we will investigate and correct any inaccuracies.

8.1 - We will never use or disclose any sensitive information for marketing or advertising purposes.

8.2 - We may use and disclose your personal information (other than sensitive information) to provide you with information about products offered by us or other companies or entities. You consent to receipt of direct marketing information including by email or SMS.

8.3 - If at any time you do not wish to receive marketing or advertising communications from us or you do not want your personal information disclosed for marketing or advertising purposes, please contact our privacy officer via email privacy@rygg.au and we will remove your details from our marketing database.

9.1 - We endeavour to ensure that all personal information that we hold is accurate, complete and up-to-date. To assist us with this, you should contact us if any of your personal information changes, or if you believe that the personal information we have is not accurate or complete.

9.2 - When personal information that we collect is no longer required by us, we will destroy or deidentify that personal information unless we are required by a court, tribunal or any Law to retain the personal information.

9.3 - We may retain personal information for so long as it is required for any of our business purposes, for the prevention of fraud, for insurance and governance purposes and in our IT back-up.

10.1 - We take reasonable steps to protect your personal information from misuse, loss, unauthorised access, modification or disclosure.

10.2 - However, no system is completely secure against cyber attack and the open nature of the Internet is such that information exchanged via the Internet may be accessed and used by people other than those for whom the information is intended. Any personal information is therefore sent at your own risk.

10.3 - You should contact us immediately if you believe that there has been unauthorised access or disclosure with respect to any personal information that we hold about you.

11.1 - We ship Products, and accordingly use mail carriers and couriers, worldwide.

11.2 - We may disclose personal information outside of Australia to our third-party service providers (e.g. Shopify, in relation to which we refer you to paragraph 4.6 above). Such third-party service providers may store or process your data overseas. These countries may not provide the same level of protection as the privacy laws of Australia.

11.3 - You consent to any disclosure of your personal information by us overseas on the understanding that if the overseas recipient handles the personal information in breach of the Australian Privacy Principles, the entity will not be accountable under the Privacy Act 1988 (Cth), and you will not be able to seek redress under the Privacy Act 1988 (Cth). The overseas recipient may not be subject to privacy obligations or to any principles similar to the Australian Privacy Principles. Individuals may not be able to seek redress in some overseas jurisdictions, and overseas recipients may be subject to a foreign law that could compel the disclosure of personal information to a third party, such as an overseas authority.

12.1 - You consent to us using and disclosing your de-identified data (data that no longer identifies you) for any purpose, including without limitation research, statistical analysis, product development, marketing and business planning and any other commercial purpose. We undertake technical measures to make sure that this data cannot be associated back to you.

13.1 - We will notify you and the Office of the Australian Information Commissioner about any data breach that is likely to result in serious harm to you unless an exception applies, for example, where we have already taken appropriate remedial action that removes the risk of serious harm to any individuals.

14.1 - We are not liable for any direct, indirect, incidental, special, punitive or consequential liability, loss (including but not limited to loss of data, income, profit or opportunity, loss of or damage to property and claims of third parties, death, personal injury or any loss, damage or expense) you incur or suffer that arises out of your access to, use of or reliance on our Website or our services or any of the content of the Website or your inability to use it. This applies even if we have been informed that the liability, loss, damage or expense will or may result.

14.2 - To the extent permissible by law, we will not be liable to you or to any third party for any loss or damage or claim arising from our collection and use of personal information in accordance with this Privacy Policy.

14.3 - Where liability is not able to be excluded by law, our liability to you in any circumstances will be limited, at our choice, to re-performance of any services we have provided to you, payment for those services to be provided by a third party or payment of the sum of AUD $10.00 (Ten Australian Dollars).

14.4 - Nothing in this Privacy Policy affects your statutory rights, including those under the Competition and Consumer Act 2010 (Cth) and Privacy Act 1988 (Cth). To the extent of any inconsistency between this Privacy Policy and your statutory rights under the Competition and Consumer Act 2010 (Cth) or Privacy Act 1988 (Cth), your statutory rights under the Competition and Consumer Act 2010 (Cth) or Privacy Act 1988 (Cth) (as the case may be) will apply.

15.1 - This Privacy Policy may be amended from time to time.

15.2 - We will publish any updated versions of this Privacy on our Website. You should review our Privacy Policy each time you visit our Website or provide us with personal information. By continuing to use our Website or order any product from us, you will be deemed to have consented to any amended versions of this Privacy Policy that are published on our Website.

16.1 - This Privacy Policy does not create any rights or obligations that you can legally enforce beyond the rights and obligations provided by the Australian Privacy Principles.

17.1 - If you would like further information on our Privacy Policy, have any concerns over the protection of the information you have given to us or that we have collected from others, or wish to make a complaint relating to privacy, please contact us by email at privacy@rygg.au.

17.2 - If you make a complaint relating to privacy, we will do our best to ensure that an investigation is completed and a decision about your complaint is communicated to you within 30 days of our being advised of the complaint. We will inform you if we need more time.

17.3 - If you are dissatisfied with our response to any complaint you make, you can take your complaint to the Office of the Australian Information Commissioner:

Post — GPO Box 5288, Sydney NSW 2001

Fax —  +61 2 6123 5145

Email — enquiries@oaic.gov.au

Last updated December 2023.