Privacy Policy

OVERVIEW

At Sea to Summit, we are committed to protecting the privacy and security of our customers, visitors, employees, contractors, distributors, suppliers, vendors and other business partners and prospective employees and contractors.  The company that is responsible for your privacy is Sea to Summit Pty Ltd (ABN 15 053 533 921) (hereafter “Sea to Summit”, “we”, "us" or "our".).

Personal information is any information that is recorded in any form about a person (irrespective of whether it is true or not) from which that person may be identified.

This privacy policy sets out how we collect, use, store and disclose your personal information.  We may modify this policy from time to time by publishing it on our website. We encourage you to check our website to review the privacy policy prior to disclosing any of your personal information to us so that you are aware of our current privacy policy.

We are bound by the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) (“Privacy Act”) in relation to the handling of personal information. Where applicable, we will rely on the related bodies corporate exemption in the Privacy Act in relation to the handling of personal information.

Sea to Summit sells products globally with related entities operating from other countries.

When you provide information to us, it may be transferred to any of our related entities, including entities located outside of Australia (“Related Entities”).  By providing your personal information to us, you consent to its use in accordance with this privacy policy, including the transfer of that information to any of our Related Entities.

WHAT INFORMATION DO WE COLLECT?

We collect and hold personal information to properly provide services or products to you and to enable us to properly manage our business affairs, including the employment of staff and engagement of consultants and contractors.

Generally, we will tell you why we are collecting personal information when we collect it and how we plan to use it, or these matters will be clear when we collect the personal information. We usually collect personal information directly from you, although sometimes the agents or service providers that we engage to administer services on our behalf may also collect the information from you.  If the operators of those third party websites collect information about you, we have arrangements in place with those third parties that allows us to collect or have access to that information.  Sea to Summit is not responsible for the privacy practices of such third parties and this privacy policy does not apply to them.

We may collect personal information from you when you:

  • make a purchase from our website;
  • add products to your cart on our website (but without completing the transaction);
  • inquire about becoming a retailer of any Sea to Summit product;
  • visit our website (whereby our internet service provider provides us with a record of your visit and logs information for internal review and statistical purposes, including the country of origin of your server address, the date and time of your visit to the website, and the pages you have viewed) and related websites;
  • make an inquiry or interact with us via our social media platforms including Facebook, LinkedIn, Instagram, YouTube and Twitter;
  • participate in a promotion, competition or survey;
  • complete a warranty claim or other claim in relation to any of our products;
  • join our mailing list;
  • provide your details to access our services (for example, our Sleep System Finder); and
  • are employed or engaged, or seek employment or engagement, as a contractor, consultant, distributor, supplier, vendor or other business partner at Sea to Summit.

When we do obtain information electronically through our website, we will display to you the information collected and give you the opportunity to amend or correct the information prior to its formal recording within our systems.

The types of personal information we may collect from you include:

  • general personal details such as your name, date of birth, gender, title, contact number, address and email address;
  • business details such as your name, title, contact number, address and email address, retail shop address and retail sales platform;
  • the products that interest you;
  • the activities that interest you; and
  • your location details through your smart phone or device or IP address.

If you are employed or engaged, or seek employment or engagement, as a contractor, consultant, distributor, supplier, vendor or other business partner at Sea to Summit, we may collect additional personal information in the course of the recruitment process and your subsequent employment or engagement, including (as applicable):

  • referee and emergency contact details;
  • employment history;
  • educational qualifications;
  • information to verify your right to work in Australia;
  • information to verify you meet all industry-wide requirements of employment;
  • records relating to salary, employment benefits and leave, or rates, fees or charges for goods and services;
  • taxation details and banking information necessary to pay salary and wages or the cost of goods and services; and
  • agreements and other records relating to the terms and conditions of your engagement or employment.

If you are employed at Sea to Summit, we may also hold personal information collected by monitoring your use of email, internet and other computer resources. We may hold such information for the purposes of enabling us to properly manage our business affairs and resourcing and will inform you prior to collecting personal information by way of such monitoring activities.

As a general rule we do not collect sensitive information. However, if we do, it will usually be for the purposes of providing Sea to Summit services or products or to enable the proper management of our business affairs. If the law requires us to, we will seek your consent to collect such usage information.

HOW DO WE USE THE INFORMATION COLLECTED?

We may share your information with our Related Entities. We or they may also use your personal information to assist us in improving Sea to Summit services or products and to enable the proper management of our business affairs.

Sea to Summit and our Related Entities may use your information to (each a “Purpose”):

  • manage and work with our service providers and contractors to fulfil your request for products and services such as processing transactions and payments, providing refunds and discounts, and processing any warranty claims;
  • create orders, transaction records, agreements for the sale of products or services, accounts, tax invoices or receipts;
  • provide your personal information to third parties that assist us in providing products and services you have requested, such as delivery service providers and fulfilment managers;
  • communicate with you, and build and maintain our relationship with you including introducing our products and services to you;
  • fulfil administrative functions associated with our products and services, for example billing and warranty claim services, marketing purposes and to send you account and service updates (such as updates to our terms and conditions);
  • identify and develop new products and services you may be interested in and improve the services and support we provide to you;
  • conduct, monitor and analyse our business and internal operations;
  • send you updates on products and services available from Sea to Summit, publications, marketing and events. If, at any stage you do not wish to receive marketing emails from us, you can opt out at any time by unsubscribing from the service;
  • carry out quality control and research to improve the way that Sea to Summit and its Related Entities and service provides provide products and services to you;
  • show you our products as you browse the web;
  • manage your participation in any promotions, offers or discount schemes you choose to participate in;
  • direct you to the correct website (for example, if you are a consumer in Australia, we can redirect you to the Australian website);
  • comply with applicable laws and other regulatory, accounting or reporting obligations to protect, exercise or defend our legal rights;
  • process and respond to your requests, enquiries or complaints;
  • monitor visitors to our website and analyse their behaviour to help make our service and offerings better; 
  • assess the suitability of employees, contractors, consultants, distributors, suppliers, vendors or other business partners for employment or engagement by Sea to Summit; and
  • comply with laws or regulations or to comply with any directions given by regulators or authorities.

If Sea to Summit intends to use your personal information for any other purpose not listed in this document, Sea to Summit will seek your consent before doing so.

If you do not provide accurate personal information as requested by Sea to Summit, you understand that Sea to Summit, or our Related Entities, may not be able to provide you with one or more of the products or services sought, or the same level of service it intends to provide, or provides, to others or consider you for employment or engagement in any capacity with Sea to Summit.

PAYMENT INFORMATION

We use third party payment platforms (such as eWay, CBA Online, PayPal) and you may be redirected to those third party platforms or service providers.  Your personal information may be collected by those third party platform providers. Sea to Summit is not responsible for the privacy practices of those third party platform providers and this privacy policy does not apply to them.

USE OF AGGREGATE DATA

We may collect certain non-personal information to optimise our products and services (including our apps and websites) for your internet-enabled device (e.g. the identity of your internet browser, the type of operating system or device you use, your IP address and the domain name of your internet service provider). We may use such non-personal information for internal purposes, including but not limited to improving the content of our sites and apps and assisting with the diagnosis of problems or support issues associated with the supply of our products or services.

We may use personal information in aggregate form to improve our products and services (including our websites) and make them more responsive to the needs of our customers. This statistical compilation and analysis of information may also be used by us or provided to others as a summary report for marketing, advertising or research purposes.

Currently, we primarily uses Google Analytics to obtain this information. You can find out more information about the processing or web analytics data by Google Analytics at https://support.google.com/analytics/answer/6004245?hl=en.

WHO DO WE DISCLOSE YOUR INFORMATION TO?

Your personal information may be disclosed in connection with any Purpose to any of the following:

  • our employees, contractors or service providers, to the extent reasonably necessary to fulfil our obligations to you. This may include internet service providers, IT systems administrators, mailing houses, couriers, payment processors, and data entry service providers;
  • retail brands and suppliers who provide goods and services to us;
  • our related companies and brands (within and outside of Australia);
  • our business advisors, including lawyers, accountants or other professional service providers, to the extent reasonably required;
  • suppliers and other third parties with whom we have commercial relationships, for business, marketing and related purposes; and
  • any other person if required or authorised by law.

As set out earlier, we may disclose your personal information to Related Entities located outside of Australia, including the United States, Germany and the People's Republic of China.

If we engage third-party providers or contractors, we will take all reasonable steps to ensure that they do not breach the Privacy Act in relation to the personal information shared with them.

OVERSEAS DISCLOSURE OF PERSONAL INFORMATION

As Sea to Summit is a global business and some of our third party service providers have operations overseas or are located overseas (including the United States, Germany and the People's Republic of China), we may need to disclose your personal information to our Related Entities or third parties, whether located within or outside Australia for one or more of the above Purposes. 

In this regard, you acknowledge, agree and consent that we are permitted to disclose your personal information to such third parties (whether located within or outside Australia) for one or more of the above Purposes and for these third parties to subsequently collect, use, disclose and/or handle your personal information for one or more of the above Purposes. We will comply with the Privacy Act in relation to any disclosure of personal information to a recipient outside of Australia. We will take reasonable steps to ensure that the overseas recipient of the personal information does not breach the Privacy Act in relation to the personal information.

SECURITY OF YOUR PERSONAL INFORMATION

We hold your personal information in hard copy and electronically. Your privacy is important to us. To the extent required to comply with the applicable privacy laws, we will take reasonable steps to protect the personal information that we hold in our possession from misuse, interference, loss and unauthorised access, modification or disclosure.

By registering for and/or participating in the use of our services you understand that Sea to Summit may collect and hold the personal information provided for so long as is required for the purpose for which it was collected, subject to:

  • any request you may make to us to delete such information; and
  • any applicable legal or regulatory requirements which require us to retain personal information for a specific period.

Sea to Summit strives to ensure the security, integrity and privacy of personal information of our customers, employees, contractors, distributors, suppliers, vendors and other business partners and prospective employees and contractors. We use a variety of physical and electronic security measures including restricting physical access to our offices and firewalls and secure databases to keep personal information secure from misuse, loss or unauthorised use or disclosure.

It is your responsibility to implement sufficient procedures and checks to safeguard the security of your computers (including web-enabled communication devices) and data from viruses, Trojans, hackers and other forms of unauthorised access by any person or program.

If at any time you believe that the integrity of your account with Sea to Summit has been breached, please contact service@blackdiamondequipment.com.au

ACCESS TO PERSONAL INFORMATION

You have the right to access the personal information we hold about you. To request access to such information, please contact our Privacy Officer as set out at the end of this document.

Please note that we may only be able to provide you with details of personal information we currently hold about you. We are not able to guarantee that we can provide you with details of personal information previously held about you.

If you note any error in the personal information we hold about you, we ask that you contact our Privacy Officer to initiate our corrective procedures.

OPTING OUT OF COMMUNICATIONS FROM SEA TO SUMMIT

You may elect not to receive on-line or off-line communications from us by updating your preferences via the link at the bottom of our communications to you.

COOKIES

Sea to Summit may employ programs having cookies, or other functionality similar to cookies, to assist you in using the website or in us providing our services to you. Please note that cookies are nothing more than a string of letters and numbers – they cannot determine the identity of individual users. Cookies allow us to collect information about your visit history and activity on our website and this information helps us improve your experience of our website.

If you have concerns regarding the use of cookies by any site, you can change the settings of your Internet browser to disable the use of cookies.

DISCLOSURES TO LAW ENFORCEMENT AND REGULATING AGENCIES

Where Sea to Summit receives a request for personal information about one or more of our customers, employees, contractors, distributors, suppliers, vendors and other business partners and prospective employees and contractors from a law enforcement or regulating agency, and Sea to Summit determines that the request is legally valid and enforceable, Sea to Summit shall disclose that information to the law enforcement or regulating agency.

When this occurs, unless the request otherwise prohibits it, Sea to Summit will contact you as soon as practicable to seek your consent for the disclosure of your personal information and inform you of the law enforcement or regulating agency who made the request and the personal information to be provided in response to the request.

If we are not required to seek your consent prior to disclosure or if we are prohibited from informing you of the disclosure or it is not practical to obtain your consent, then Sea to Summit will comply with the relevant laws and your personal information may be disclosed without your consent and without notice to you.

COMMUNICATION WITH YOU

Sea to Summit uses personal information for essential communications, such as e-mails, account information and critical service details. However, Sea to Summit will never ask you for your password via e-mail or SMS and will always identify itself in each message.

If Sea to Summit changes its method of communicating with you, you will be advised of the reason for the change and the new method of communication through the website.

OTHER THINGS YOU SHOULD KNOW ABOUT PRIVACY ON THE INTERNET

While we endeavour to protect the personal information of users of our website, we cannot guarantee the security of information you disclose online. You disclose that information at your own risk. You should be aware that no method of transmission over the Internet or method of electronic storage is 100% secure.

Remember to close your web browser when you have finished your user session. This is to ensure that others cannot access your personal information and correspondence. You as an individual are responsible for the security of and access to your own computer or web-enabled communications device.

Ultimately, you are responsible for maintaining the secrecy of your username and passwords and any account information. Please be careful and responsible whenever you are using the internet.

If you become aware of unauthorised access, please let us know as soon as practicable.

CHANGES

From time to time, Sea to Summit may vary this privacy policy. Such variations may, for example, be made to keep them in line with updates to its business, to comply with legislative changes or for security or technical reasons. Your continued use of the website after such variations come into effect is deemed acceptance of the new privacy policy.

FEEDBACK & PRIVACY CONCERNS

If you have any concerns or complaints about the way in which your personal information has been handled by us, please direct it to our Privacy Officer by email to service@blackdiamondequipment.com.au

The Privacy Officer shall acknowledge the complaint within [5] business days of receiving it. The Privacy Officer will investigate the concerns raised by you which may involve obtaining further information from you and/or obtaining technical or legal advice. The Privacy Officer will write to you to inform you of the outcome of the investigation within [20] working days of acknowledging receipt of the complaint. If the investigation outcome is likely to take longer than [20] workings, you will be notified. If you remain dissatisfied with the response provided you may wish to contact the Office of the Australian Information Commissioner (The Privacy Commissioner). For more details, see http://www.oaic.gov.au.

Otherwise, further information on your rights to privacy can be found at www.privacy.gov.au.

Sea to Summit also welcomes feedback on its website and services that is sent to us. This information helps us to administer and improve our services and may be shared with others. Please direct any feedback to service@blackdiamondequipment.com.au.

GENERAL

This privacy policy and your use of our website and our services is governed in all respects by the laws of the Commonwealth of Australia and the laws of the State of Western Australia. You agree to submit to the non-exclusive jurisdiction of the courts of the Commonwealth of Australia and the courts of the State of Western Australia.