CUSTOMER CARE

PRIVACY POLICY

This document describes how Signal Brands Australia Pty Ltd trading as GUESS (ABN 59 613 678 354) (we or us or our) complies with the requirements of the Privacy Act 1988 (Cth) and Privacy Act 1993 (NZ), including the Australian Privacy Principles (APPs) and New Zealand Privacy Principles (IPPs), and any other applicable privacy laws in Australia and New Zealand in respect of the website www.guess.net.au (including all related mobile applications and our social media sites) (Sites) and our services. This Privacy Policy sets out how we handle personal information to comply with our obligations.

Collection of personal information

What kinds of personal information do we collect, use and hold?

The kinds of personal information that we collect, use and hold include:

  • names and contact details
  • transactional information age and date of birth
  • gender
  • video surveillance when individuals attend our stores
  • all other personal information provided by our customers and visitors to our Sites and stores, including through our loyalty programs
  • other information that is relevant to our functions and activities
  • for candidates for employment or contracting opportunities with us, we may collect other personal information provided by you or your referees, such as employment and educational history

We do not use government related identifiers as our own identifiers.

How do we collect personal information?

We usually collect personal information directly from individuals, such as when you:

  • create an online account with us and contribute information to us through your account with us
  • become a GUESS List member or join any other loyalty program operated by us
  • purchase goods from us through the Sites or in our stores
  • request an exchange or return or a repair or replacement of goods
  • make inquiries about us or our goods or services or contact us for any other reason so that we can process, deal with and respond to your queries or other issues including any complaints
  • seek information through the Sites
  • provide alteration instructions
  • use our Sites
  • subscribe to a newsletter, fill out a form or survey, enter or participate in any promotions or competitions
  • call our call centre - calls may be recorded by us for quality review purposes
  • provide information to us relating to an employment or contracting opportunity with us
  • otherwise communicate with us.

When you provide us with personal information about other individuals, you should make them aware of this Privacy Policy and obtain their consent to you providing their details to us.

We may sometimes collect your personal information from third parties such as referees or recruitment agencies when you are a candidate for employment or contracting opportunities to us.

What happens if you do not provide your personal information to us?

If you do not provide personal information that we request in connection with our activities, we may not be able to provide our goods or services to you. For example, if you do not provide your name and contact details to us, you will not be able to become a GUESS List member.

Why do we collect, use, hold and disclose your personal information?

We collect, use, hold and disclose your personal information as necessary for purposes directly related to our functions and activities or as otherwise described to you at the time of collection, including to:

  • allow you to create an account with us
  • provide our goods and services to you, create orders, invoices, receipts and other transaction records
  • provide information to you about our goods and services and to communicate with you
  • for market research and direct marketing including promotions and newsletters
  • to send you any promotional information from us or about or from third parties that we think may be of interest to you
  • carry out administration, planning, procurement and quality control relating to our goods and services
  • if you are a GUESS List member, or a member of any other loyalty program operated by us, to provide the services relating to such membership, including accumulation and redemption of points and providing discounts and rewards
  • to develop and display content and advertising tailored to your interests on our Sites
  • to verify your eligibility and deliver prizes in connection with any competitions, promotions or sweepstakes
  • manage your account with us
  • provide you with customer support
  • protect against or identify possible fraudulent transactions
  • assess the suitability of candidates for employment or contracting opportunities with us

Do we use cookies or other web tracking systems?

We track traffic patterns throughout the URLs registered to us.

We use "cookies" on our Sites. A "cookie" is a small amount of information which is transferred to the hard drive of your computer when you first visit any of our Sites.

We use cookies to improve the customer experience and to simplify visitors' navigation of our Sites. Cookies allow us to identify repeat visitors to the Sites, provide information to our visitors which may be of interest to them based on their previous visits to the Sites and to provide targeted advertising to them.

You can disable your web browser from accepting cookies. If you do so, you can still access our Sites, but not all information and services may be available.

We may automatically collect general statistical information on our Sites about visitors to our Sites, such as IP addresses, browsers used, dates visited, pages visited and number of visitors.

We may use this data and disclose it to third party service providers, such as Kount Fraud Analytics, to analyse transactions made through the Sites to assist us in identifying the likelihood of fraud.

We also use this data in aggregate to improve our Sites and our services. We may provide such aggregated de-identified data to third parties, but in so doing, we do not provide personal information without the individual's consent.

We may also provide aggregated, de-identified information to third parties to develop and deliver targeted advertising on our Sites and on websites of third parties.

We may combine non-personal information we collect with additional non-personal information collected from other sources. We also may share aggregated information with third parties, including advisors, advertisers and investors, for the purpose of conducting general business analysis.

We use third party providers to provide us with web analytics services. These providers collect information on how individuals use our Sites and our services. These providers may use cookies and other technology such as clear gifs or web beacons to obtain such information. This allows us to improve our Sites and our services.

Will we disclose personal information to anyone else?

We may disclose personal information to:

  • related companies and GUESS? Inc., a US corporation
  • payment processors such as Paypal, Afterpay and Braintree
  • fraud and risk management service providers, such as Kount Fraud Analytics
  • authorised service providers that perform certain services on our behalf, including fulfilling orders, delivering packages, providing customer service and marketing assistance, performing business and sales analysis, supporting our Sites' functionality and supporting contests, sweepstakes, surveys and other features offered through our Sites. These service providers may have access to personal information needed to perform their functions but are not permitted to share or use such information for any other purposes
  • professional service firms providing services to us, such as legal, accountancy or marketing services as well as data hosting and technology firms

We may also provide your information to others, if required or permitted to do so by law, in accordance with the APPs and IPPs.

We will only disclose your personal information:

  1. with your consent; or
  2. for a purpose which you would reasonably expect; or
  3. as required or permitted by law; or
  4. in connection with a substantial corporate transaction, such as the sale of our business, a divestiture, merger, consolidation, or asset sale, or in the unlikely event of liquidation; or
  5. in accordance with this Privacy Policy.

Do we disclose personal information overseas?

We may disclose personal information to our affiliated companies overseas, who are located in the United States of America.

Where we disclose your personal information to third parties overseas, we require them to comply with the APPs and IPPs.

Third party websites

There may be places on our Sites where you may click on a link to access other websites that do not operate under this Privacy Policy.

These third party websites may independently solicit and collect information, including personal information, from you and, in some instances, provide us with information about your activities on those websites.

We recommend that you consult the privacy policies of all third party websites you visit by clicking on the "privacy" link typically located at the bottom of the webpage you are visiting.

Unsubscribing from our marketing materials

  1. Unsubscribing from email lists
    At any stage, should you wish to stop receiving any of our emails that we send to you for marketing or promotional purposes, simply click on the “Unsubscribe” link within the email and follow the instructions to unsubscribe.
  2. Unsubscribing though the Sites
    You can sign up to receive our newsletters and other materials through the Sites. You can elect to receive such materials that you require through the Sites by ticking the relevant box. You can unsubscribe from receiving such materials through the Sites at any time by logging in and opting out of the receiving the relevant materials.

Dealing with us anonymously or using a pseudonym

You may deal with us on an anonymous basis or by using a pseudonym when making general inquiries through our Sites, or when you make general inquiries by telephone and do not require a further response from us. However, we may need certain contact details from you to respond to inquiries.

Generally, we will require your personal information in order to transact with you.

Security

We use industry-standard methods and take such steps as are reasonable to protect your personal information from unauthorised access, modification or disclosure and from misuse, interference and loss.

Among other techniques, we usually:

  1. store such information on a computer behind our "firewall" in a secure location;
  2. restrict the number of employees or contractors internally who can access such data; and
  3. keep hard copies of documents in lockable cabinets in a secure location.

Once personal information is no longer required by us for the purposes for which it was collected or held or otherwise in accordance with the APPs and IPPs, we will take all steps as are reasonable in the circumstances to ensure that it is either destroyed or de-identified.

Children's privacy

Our Sites are general audience websites. We do not knowingly collect personal information from children under the age of 13.

Access, Correction and Removal of your Personal Information

You may seek to access or correct your personal information at any time by contacting the Privacy Officer by email to or by mail to the 'Privacy Officer, Unit 14, 37 O'Riordan Street, Alexandria Sydney NSW 2015 Australia.

If we do not agree to provide you with access to your personal information or to amend or annotate the information we hold about you, you may seek a review of our decision.

If we do not agree to make the requested changes to your personal information, you may make a statement about the requested changes and we will attach it to your record.

Complaints

You can send written complaints about a breach of the APPs and IPPs in relation to your personal information by email to or by mail to 'Privacy Officer, Unit 14, 37 O'Riordan Street, Alexandria Sydney NSW 2015 Australia.

Complaints will be reviewed by our Privacy Officer and a response will usually be provided within 30 days of receipt of the complaint.

If you believe that your complaint has not been satisfactorily addressed by us, after following the procedure set out above, you can make a complaint to the Office of the Information Commissioner (OAIC) if you are in Australia, or to the Office of the Privacy Commissioner (OPC) if you are in New Zealand. The OAIC's contact details are available at the following website: https://www.oaic.gov.au/about-us/contact-us. The OPC's contact details are available here: https://www.privacy.org.nz/about-us/contact/.

For more information about making a complaint, contact us at 1300 738 774 (toll free in Australia).

Amendments

We may amend this Privacy Policy at any time. Amendments to this Privacy Policy will be posted on our Sites and will be effective when posted. Please check our Privacy Policy regularly for updates and amendments. By continuing to visit our Sites, remaining as a GUESS List member or receiving promotional material from us, you agree to any amendments to this Privacy Policy.

GET IN TOUCH

If you have any questions contact our Client Service Team. Our team is available during business hours AEST.