PRIVACY POLICY

Last Updated: March 2019

Thank you for visiting our Privacy Policy (“Policy”). This document is the Policy of Billabong International Limited and its Australian subsidiaries (together the “Company,” “we,” or “us”). This Privacy Policy also applies to our Australian websites and any related mobile applications that refer or link to this Policy, as well as to any personal information collected through computerized devices in stores and in-store data collection forms, and through any location where the Policy is posted (collectively referred to herein as the “Sites”). This Policy also explains the choices you have about the way this information is collected and used.

We respect your rights to privacy under the Privacy Act 1988 (Cth) (“Privacy Act”) and we comply with all of the Privacy Act’s requirements in respect of the collection, management and disclosure of your personal information.

Your use of the Sites is also expressly subject to our Terms of Use. This Privacy Policy is incorporated by this reference into the Terms of Use, available here.

We encourage you to periodically review this Privacy Policy to keep up to date on how we are handling your personal information.

What is personal information?

When used in this Policy, the term “personal information” has the meaning given to it in the Privacy Act. In general terms, personal information is any information that can be used to personally identify you. This may include your name, address, telephone number, email address and other postal or shipping details (amongst other things). If the information that we collect identifies you, or you can be reasonably identified from it, the information will be regarded as personal information.

CONSENT:

PLEASE READ THIS PRIVACY POLICY CAREFULLY BECAUSE BY ACCESSING THE SITES AND/OR CREATING AN ACCOUNT WITH US OR ALLOWING SOMEONE TO USE THE SITES ON YOUR BEHALF, YOU ARE CONSENTING TO THE COLLECTION, USE, DISCLOSURE, TRANSFER AND STORAGE OF PERSONAL INFORMATION OR OTHER INFORMATION RECEIVED BY US AS A RESULT OF SUCH USE IN ACCORDANCE WITH THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY, PLEASE DO NOT USE THE SITES.

What Information Is Collected?

When you use our Sites, we collect your personal information. The types of personal information we collect from you depends on the Sites and the features you use on the Sites.

The personal information that we may collect about you includes:

• Purchase Information: We may collect your name, billing address, shipping address, email address, telephone number, credit card number and expiration date when you make a purchase. This information is used to provide the products and services that you have ordered or requested, to process and ship orders, to send order and shipping confirmations (or other transactional information) and/or to provide customer service.

• Information Collected In-Store: We may collect your name, email address, mailing address, post code, and preferences if you complete a form within one of our stores. This information will be used to provide you with products that may be of interest to you and to provide you with information that you request.

• Account Information: We may collect your name, email address, mailing address, post code, date of birth, and gender if you create an account with us. This information will be used to help you keep track of your orders, to keep you updated about special offers, updates related to the Sites, and to facilitate checkout during purchases.

• Information for Commercial Communications: We may collect your name, email address, mailing address, gender, and birth date if you sign up to receive promotional emails from us. This information may be used to contact you about sales, special offers and new features available through the Sites.

• Information Relating to Inquiries: We may collect your name and email address if you contact us with a question or request a Live Chat with us. This information may be used so that we can respond to your question or contact you should we disconnect from our Live Chat.

• Information for Promotions: We may collect your name, email address, and other contact information if you participate in a promotion (e.g., contest, sweepstakes) that we sponsor. This information will be used to fulfil the terms of the promotion and to contact you regarding promotional and special offers, sales, and new features available through the Sites. It will also be subject to the terms accompanying such promotion.

• Survey Information: We may collect your name, age, post code, shopping habits, email address and/or mailing address if you choose to participate in one of our on-line surveys. This information will be used to help provide us with relevant information about our consumers.

The above section provides examples of the personal information that we may collect through the Sites and the manners in which we may use such personal information. If you do not want us to collect your personal information, please do not provide it to us.

How We Collect Personal Information

Passive Collection

We may collect information passively while you are visiting or interacting with the Sites. We call this “passive” collection since you may not know that this information is being collected when you visit or interact with the Sites. This information may consist of the following items: website visitors’ IP address, IP address-related information, system Media Access Control address, network configuration information, network device information, browser plug-in type and versions, and operating system.

• Cookies and Other Session Identifiers:
Like many websites, we utilize a technology called "cookies". A cookie is a piece of information that is placed on your browser when you access the Sites. In many cases, the information collected using cookies (and related technologies) are used in non-identifiable ways, without any reference to personal information. For example, we use information we collect about users of the Sites to optimize our Sites and to understand traffic and usage patterns. In other cases, we associate the information we collect using cookies and related technologies with personal information. In that case, this Privacy Policy governs how we use that information. Additionally, if the settings on your location-aware device allow us to receive geo-location data or information, we may collect that information automatically.

Cookies help provide additional functionality to the Sites and help us to more accurately analyse usage of the Sites. For instance, the Sites may set a cookie on your browser that allows you to access the Sites during future visits. We use cookies to monitor and to maintain information about your use of the Sites. Cookies are also used to track the identity of the website you visited immediately prior to visiting the Sites; other than that, we do not track information about your use of other websites. Cookies also allow us to hold selections in a shopping cart when a user leaves the Sites without checking out. Cookies are not used on the Sites to store your account information as this information is stored securely on a server. When you log in at the Sites with your username and password, we will assign you a secure session id. The server then passes your information to you through this secure session id. Cookies may be session cookies (i.e., last only for one browser session) or persistent cookies (i.e., continue in your browser until they are deleted or expire). Some of the cookies we use may be flash cookies or Adobe cookies. While they are harmless, they may contain demographic information and depending on your browser these cookies may not normally be deleted when your cookies are deleted. Please check your browser to determine where these types of cookies are stored and how they may be deleted.

Google Analytics — To help facilitate the delivery of relevant content, we use Google Analytics and have implemented all Google Advertising Features, including Remarketing, Impression Reporting, Demographics, and Interest Reporting. Google Analytics uses cookies to report on user interactions on our websites. We use the data collected for optimizing marketing, refining advertising, and generally making advertising more effective. Google provides a complete privacy policy and instructions on opting out of Google Analytics here: http://www.google.com/intl/en/analytics/privacyoverview.html.

Adobe Analytics – We may also use Adobe Analytics. For further information on Adobe Analytics and to opt out, please click here: http://www.adobe.com/privacy/opt-out.html.

While we recommend that you leave cookies turned on as they allow you to take advantage of some of the features of the Sites, you have the ability to control the use and moderation of our cookies. However, if you elect not to allow cookies to be placed as described above, you may not be able to use or to enjoy all of the services and features of the Sites. Specifically, you can configure the settings (i) to receive notifications when you are receiving new cookies, (ii) to disable cookies or (iii) to delete cookies. Please refer to your Web browser's help section for information on how to do this.

• Other Websites, Including Mobile Applications and Social Media Platforms:
If you use a social media platform or your mobile device (or other method of communication) to interact with the Sites, that platform or application may have a specific privacy policy that governs the use of personal information related to it. For example, if you use a mobile application and your mobile device's settings allow it, we may collect mobile location information from your device. Our application may be designed to collect information even if you are not logged into the application or the Sites. If you have questions about the security and privacy settings of your mobile device, please refer to instructions from your mobile service provider or the manufacturer of your device to learn how to adjust your settings. We do not control the data collection or privacy practices of the application stores from which you download our mobile application, or of any third-party platform through which you access our Sites or contact us. You should review the privacy policy and terms of use of any third-party site or mobile application store before using or downloading any app and review and use available controls and settings on your device to reflect your preferences.

Like many online sites or services, our mobile application automatically collects certain information such as your IP address, geolocation, device information (e.g., the unique identifier of your mobile device, hardware model, operating system version, mobile network information), and the URL from which you access our application. You are not required to affirmatively submit any personal information to us in connection with the general use of our application, unless you make a purchase through the application, in which case you must create an account. Any personal information you provide or that is collected via our application is subject to this Privacy Policy.

Direct Collection

We also collect information from you directly at the time that you supply information to us via the Sites. For instance, if you contact us to subscribe to our membership and other products or services, ask questions, or provide us feedback about the Sites or any of our products or services, we may store your communications, including any personal information you include in them, so we can effectively respond to you. If you do not want us to directly collect your personal information, please do not provide it to us.

Other Sources

We also may obtain, collect and aggregate information (including personal information) provided to us by our marketing service providers and other vendors. That information may include information on current subscribers or customers, and is used for a number of things including enabling us to send you the most relevant, timely and exciting offers and announcements specifically tailored for you and your interests. Of course, you can update your information or change your preferences regarding receiving announcements and other information from us at any time by accessing your account via the Sites. (For more information, see the section below entitled How Can I Access, Correct and Update My Personal Information?)

How Do We Use the Information Collected?

We may use personal information as necessary and to fulfil your requests, including in the following ways:

• Access and Use: If you provide personal information in order to obtain access to or use of the Sites or any functionality thereof, we will use your personal information to provide you with access to or use of the Sites or functionality and to monitor your use of the Sites or specific functionalities.

• Internal Business Purposes: We may use your personal information for internal business purposes including, without limitation, to help us improve the content and functionality of the Sites, to better understand our users, to improve the Sites, to protect against, identify or address fraudulent activities, to manage your account and to provide you with customer service and to generally manage the Sites and our business. We may also use your personal information to process and respond to any complaint made by you and to comply with any law, rule, regulation, lawful and binding determination, decision or direction of a regulator, or in co-operation with any governmental authority.

Marketing and loyalty program: We may use your personal information to contact you for certain marketing and advertising purposes, including, without limitation, to inform you about offers, contests or surveys which may be of interest to you and to display content and advertising on or off the Sites which may be of relevance to you. These communications may be sent in various forms, including mail, text message and email, in accordance with applicable marketing laws, such as the Spam Act 2003 (Cth). If you indicate a preference for a method of communication, we will endeavour to use that method whenever practical to do so. In addition, at any time you may opt-out of receiving marketing communications from us by contacting us (using the details in the ‘Contacting us’ section below) or by using opt-out facilities provided in the marketing communications. We will then ensure that your name is removed from our marketing distribution lists. We also use your personal information to administer our loyalty program, the Boardriders Club, if you choose to join this program in any of our stores or through our Sites.

• Specific Reason: If you provide personal information for a certain reason, we may use the personal information in connection with the reason for which it was provided. For instance, if you contact us by email, we will use the personal information you provide to answer your question or to attempt to resolve your issue and will respond to the email address from which the contact came.

• Aggregated Information: In an ongoing effort to better understand and to serve the users of our Sites, we (either directly or working in concert with our marketing services providers) may conduct research on our customer demographics, interests and behaviour based on personal information and other information that has been provided or received by us. For example, we may combine information about visitors to the Sites to determine how best to target our marketing and the products that we offer in certain areas of the country. This research may be compiled and analysed on an aggregate basis and this aggregate information does not identify you personally and is not classified or treated as personal information under this Privacy Policy.

Do We Disclose Your Information?

We may disclosure your personal information to third parties in connection with the uses set out above. In particular, we may disclosure your personal information to third parties in the following circumstances:

• Order Fulfilment and Fraud Protection: If you choose to make a purchase on the Sites, we may collect from you your credit card number, billing address and other information related to such purchase, and we may use such collected information in order to fulfil your purchase. We may also provide such information, or other personal information provided by you, to unaffiliated third parties as necessary to complete your purchase (for example, to our payment processer to allow us to process payment for our products that you make with your credit card). In addition, we may share your personal information with fraud protection services to assist us in preventing fraud and protecting our customers from credit card fraud.

Business Transfers: As with any business, it is possible that as our business develops, we might sell, assign, buy, transfer or otherwise acquire or dispose of certain businesses or corporate assets. In the event of such or similar event, personal information may be part of the transferred assets. In the event that all or part of our assets are sold or acquired by another party, or in the event of a merger, you grant us the right to assign your personal information collected via the Sites, and you acknowledge and agree that any successor to or acquirer of us and/or our eCommerce service provider will continue to have the right to use your personal information and other information in accordance with the terms of this Privacy Policy.

• Subsidiaries and related bodies corporate: We may also share your personal information with our subsidiaries, parent companies and/or our other related bodies corporate (as that term is defined in the Corporations Act 2001 (Cth)) consistent with this Privacy Policy. Our subsidiaries, parent companies and related bodies corporate will treat and maintain any personal information in accordance with this Privacy Policy.

Agents, Consultants and Related Third Parties: As noted above with respect to our eCommerce service provider, we, like many businesses, sometimes engage other companies to perform certain business-related functions on our behalf so that we can focus on our core business. Examples of these services include, but are not limited to, payment processing and authorization, fraud protection and credit risk reduction, product customization, order fulfilment and shipping, marketing and promotional material distribution, website evaluation, data analysis and, where applicable, data cleansing. In connection with services those partners provide for us, we may provide or otherwise give them access to certain personal information. We employ a vetting process to assess our partners’ data protection practices.

Third-Party Marketers, Partners, and other Third Parties: We may also share your personal information with other marketers, partners, and other third parties, whose products or services we feel may be of interest to you. These third-party marketers, partners, and other third parties may use your personal information for their own purposes, or further disclose your information to other third parties. If you prefer we do not share your personal information with these types of parties, please email us at: privacy@boardriders.com.au .

Legal Requirements: We may disclose your personal information if required to do so by law (including, without limitation responding to a subpoena or request from law enforcement, court or government agency) or in the good faith belief that such action is necessary (i) to comply with a legal obligation, (ii) to protect or defend our rights, interests or property or that of other customers or users, (iii) to act in urgent circumstances to protect the personal safety of users of the Sites or the public or (iv) to protect against legal liability or potential fraud, as determined in our sole discretion.

Other uses: We may also use and share your personal information for other legitimate business reasons not specified herein. We will periodically update this Privacy Policy to inform you of any changes to our data use and sharing practices.

Do we hold or disclose your personal information to anyone outside Australia?

We may disclose personal information to our subsidiaries, parent companies and related bodies corporate and third party suppliers and service providers located overseas for some of the purposes listed above.

We take reasonable steps to ensure that the overseas recipients of your personal information do not breach applicable privacy obligations relating to your personal information.

We may disclose your personal information to entities located outside of Australia, including the following:
• our subsidiaries, parent companies and related bodies corporate, located in the United States of America and France; and
• other third parties located in located in the United States of America and France

How Can I Access, Correct and Update My Personal Information?

You can access, correct and/or update certain personal information that you have provided to us by clicking on "Update Account" within the "My Account" area of the Sites.

You may request access to any personal information we hold about you at any time by contacting us (using the details in the ‘Contacting us’ section below). 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 posting or emailing a copy to you). We may charge you a reasonable fee to cover our administrative and other reasonable costs in providing the information to you. We will not charge you a fee for simply making an access request.

There may be instances where we cannot grant you access to the personal information that we hold about you. For example, we may need to refuse access if granting access would interfere with the privacy of others or if it would result in a breach of confidentiality. If that happens, we will give you written reasons for any refusal and set out any mechanisms available to you to complain about our refusal of your request.

If you believe that personal information we hold about you is incorrect, incomplete or inaccurate, then you may request that we correct it. We will consider if the information requires correction. If we do not agree that there are grounds for correcting your personal information, then (if you so request) we will add a note to the personal information stating that you disagree with it. We will not charge you for making a request that your personal information be corrected, for correcting your personal information or adding a note to the personal information stating that you disagree with it.

What is the process for complaining about a breach of privacy?

If you believe that we have breached your privacy, please contact us using the contact information below and provide details of the incident so that we can investigate it. We will treat your complaint confidentially, investigate your complaint and aim to ensure that we contact you and your complaint is resolved within a reasonable time (and in any event within the time required by the Privacy Act, if applicable).

If our response to your complaint does not address your concerns to your satisfaction, you have the right to make a complaint to the Office of the Australian Information Commissioner.

The contact details for the Office of the Australian Information Commissioner are:

Phone: 1300 363 992
TTY: Call 133 677 then ask for 1300 363 992
Email: enquiries@oaic.gov.au
Fax: +61 2 9284 9666
Post: GPO Box 5218, Sydney NSW 2001

What Steps Are Taken To Keep My Information Secure?

We take commercially reasonable measures to ensure the security and confidentiality of your personal information and to ensure that the personal information which we hold is protected from misuse and loss and from unauthorised access, modification or disclosure. We have implemented information security measures that contain administrative, technical and physical controls that are designed to reasonably safeguard your personal information. Even though we have taken and will continue to take significant steps to protect this information, no company, including us, can fully eliminate all security risks associated with personal information. Please understand that no data transmission over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us. You acknowledge and understand that any information that you transfer to us is done at your own risk. If we learn of a data security systems breach we may attempt to notify you electronically so that you can take appropriate protective steps. By using the Sites or providing personal information to us, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Sites. In the event of a security breach, we will (to the extent required by law) report the breach to the Privacy Commissioner and notify affected people (via the email address provided) as soon as we become aware of the breach and may (in our discretion) post a notice via the Sites. If you have reason to believe that your personal information that we have collected or our system security has been breached, please notify us by e-mailing privacy@boardriders.com.au.

We use various security measures, including encryption technology, to protect information collected, transferred and retained. If you elect to set up an account on the Sites, you will be asked to provide an email address and password. You must provide a valid email address and password in order to create and maintain an account, as well as to access account information. We recommend you select a complex password. In order to help protect your personal information, you should not provide your password to others and you should change it periodically. If you wish to update a password, or if you become aware of any loss, theft or unauthorized use of a password, please contact us at privacy@boardriders.com.au.

Please be aware that we may store personal information or such information may be included in databases owned and maintained by our related bodies corporate, agents or third-party service providers. We take all commercially reasonable steps to protect the security and confidentiality of all personal information provided via the Sites from loss, misuse, unauthorized access, inadvertent disclosure, alteration and/or destruction. However, no Internet or email transmission is ever fully secure or error free. In particular, email sent to or from the Sites may not always be secure. Please keep this in mind when disclosing any personal information via the Internet or by email.

We may hold your information in either electronic or hard copy form. Personal information is destroyed or de-identified when no longer needed or when we are no longer required by law to retain it (whichever is the later).

What Choices Do I Have Regarding My Personal Information?

You have several choices available when it comes to your personal information. We will honour the choices you make regarding your personal information. If you have created and maintained a user account on the Sites, you will be able to sign in and update your account (including contact) information. You may also write to us at the address provided herein and update your contact information or to change your subscription preferences. In addition, you may:

Limit the Personal Information You Provide: You can use the Sites and limit the personal information you provide either by disabling cookies or by not registering an account with us. If you choose to limit the personal information you provide and/or to disable cookies, you may not be able to use certain functionalities of the Sites. For instance, in order to purchase goods and services on the Sites, payment and shipping information must necessarily be provided.

Manage Your Subscription Preferences: We may send your information by email or text message. If you provide your mobile phone number and ask to receive information by text message, we may provide information in that manner. Additionally, we may send automated text messages (if you provide consent). Where you consent to receive automated text messages from us, please note that your consent includes consent to receive both auto-dialled and/or pre-recorded telemarketing text messages or non-automated messages from us or on our behalf at the telephone number you provided. You further understand that consent is not a condition of purchase and that message and data rates may apply. Additional terms and conditions, including message frequency, are provided at sign-up for any automated messages.

Opt Out of Marketing Emails and Texts: For email marketing, you will have an opportunity to change your subscription preferences by clicking on an "unsubscribe" hyperlink contained in all promotional emails sent by us or on our behalf. Please note that while we honour all subscription requests as timely as possible, it may take up to five business days to become effective. Please be aware that even if you opt-out of receiving future promotional communications, you may, if you utilize the eCommerce features of the Sites, be sent certain transactional communications related to the purchase or shipment of items purchased. Thus, if you order online, we will send you an email confirming your order and may need to contact you by phone, email or regular mail if we have questions about your order. Additionally, an opt-out will not remove you from messages that we are required to send under relevant laws or regulations. You may ask us not to contact you by text message at any time by responding to a text message after it is received. For automated text messages, you will have the opportunity to opt-out by replying “STOP” to any message received. We will process your unsubscribe request as soon as possible, but please be aware that in some circumstances you may receive a few more messages until the unsubscribe request is processed.

Social Media & Other Public Platforms: You may also manage the sharing of certain personal information with us when you connect with us through a social media platform or application, such as through Facebook Connect. Please refer to the privacy settings of the social media website or application to determine how you may adjust your permissions and manage the interactivity between us and your social media platform(s) or application(s). That said, we want you to be aware that when you post information to public forums, including publicly viewable social media platforms, that information will become available to all who access such platform pages. PLEASE BE EXTREMELY CAREFUL WHEN DISCLOSING ANY INFORMATION IN CHAT ROOMS, FORUMS AND OTHER PUBLIC POSTING AREAS. WE ARE NOT RESPONSIBLE FOR THE USE BY OTHERS OF THE INFORMATION THAT YOU DISCLOSE IN CHAT ROOMS, FORUMS AND OTHER PUBLIC POSTING AREAS.

Third Party Advertisers: We may use advertisers, third-party ad networks, and other advertising companies, to serve advertisements on our Sites and on third-party websites. Please be advised that such advertising companies may gather information about your visit to our Sites (such as through cookies, web beacons and other technologies) to enable such advertising companies to market products or services to you, to monitor which ads have been served to your browser and which web pages you were viewing when such ads were delivered. Depending on the particular advertising services they provide, these third-party advertising companies may employ first-party cookies or third-party cookies. Unlike third-party cookies, first-party cookies are hosted on the Company's servers. PLEASE NOTE THAT THIS POLICY DOES NOT COVER THE COLLECTION AND USE OF INFORMATION BY SUCH ADVERTISING COMPANIES.

What Happens When I Link To or From Another Website?

The Sites may contain links to other websites not operated or controlled by us (the "Third-Party Sites"). The policies and procedures set forth herein do not apply to any Third-Party Sites. We are not responsible for the privacy practices or content of such Third-Party Sites. We are not responsible for the actions of these Third Party Sites; rather, the owners and operators of all Third- Party Sites are responsible for all personal information provided, collected, maintained, stored or otherwise disclosed on those sites, if any. The links on the Sites do not imply that we endorse or have reviewed the Third- Party Sites, including their privacy policies, if any. If you have any questions about how these Third-Party Sites’ use of your personal information, we strongly encourage contacting those sites directly for information on their privacy policies and practices.

If you have accessed the Sites through a link from certain of our advertising or marketing partners, the Sites may include a frame of the applicable advertising or marketing partner. Nevertheless, the information you provide to us through these framed Web pages is collected by us, and our use of such information is governed by this Privacy Policy.

How Do We Respond to Do Not Track Signals?

Please note that our Sites do not support “Do Not Track” browser settings and do not currently participate in any “Do Not Track” frameworks that would allow us to respond to signals or other mechanisms from you regarding the collection of your personal information.

Is Information Collected From Children?

Protecting the privacy of children is extremely important to us. The Sites are directed toward a general audience and are not directed at nor intended for use by children. We do not knowingly collect or intend to collect personal information from anyone who is under the age of 18. If you are under the age of 18, you should not provide any personal information to us and you should use the Sites only with the knowledge, permission and involvement of a parent or guardian.

How Will I Be Informed About Changes Regarding This Privacy Policy?

The Sites and our business may change from time to time. As a result (and for other business and/or technological reasons), it may be necessary for us to make changes to this Privacy Policy. We reserve the right to update, change, amend or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any personal information.

If we make any material changes to this Privacy Policy (as determined by us), we will post a notice on the Sites notifying users of the changes and providing an opportunity for you to take action relative to those changes prior to their implementation. In some cases, we also may send an email notifying registered users of upcoming changes.

This Privacy Policy was last updated on the date indicated at the top of this document. Your continued use of the Sites after any changes or revisions to this Privacy Policy become effective shall indicate your agreement with the terms of such revised and then-current Privacy Policy.

Contacting Us

If you have any questions, comments, or concerns regarding our Privacy Policy or practices, please send an email to privacy@boardriders.com.au or write to us at the following address:

Billabong International Limited
Attention: Legal Department
5 Billabong Place
Burleigh Waters, QLD 4220
T 07 5589 9899 – Monday thru Friday 9am to 5pm