Privacy Policy

JAC + JACK PRIVACY POLICY


LAST UPDATED: August 21, 2019

Welcome to www.jacandjack.com (the “Website”). We have always taken the privacy, security and confidentiality of your information, including any personally identifiable information (“Personal Data”) seriously, and use commercially practicable precautions to safeguard it.

This Website is owned and operated by Jac + Jack Pty Ltd(“Jac + Jack” or “our” “we” or “us”) and our Privacy Policy (or “the Policy”) applies to information collected on the Website, Jac + Jack -affiliated and/or our mobile application and identifies: (i) what information we collect; (ii) how we process and manage such information; (iii) your rights with respect to the use and disclosure of information. By accessing the Website or allowing someone else to do so on your behalf, you are consenting to our use of your information (both personal and non-personal) in accordance with this Privacy Policy.

If you have any questions about this Privacy Policy, please contact us at service@jacandjack.com.

1. WHAT PERSONAL DATA DOES JAC + JACK COLLECT?
We may collect and store information that you provide to us via the Website or that you provide to our Customer Service Department, as further described below.

A. Personal Data
“Personal Data” means data that allows someone to identify or contact you, including, for example, your name, address, telephone number, e-mail address, as well as any other non-public information about you that is associated with or linked to any of the foregoing data.

We may collect certain Personal Data provided by our customers including name, gender, billing and/or shipping address, email address, telephone number, and payment method and payment information (such as debit or credit card number and information). The following are examples of when we might collect Personal Data:

When you make an online purchase, we may collect and use your Personal Data 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 to provide customer service and/or future promotional offers and information that might be of interest to you.

If you create an online account with us that enables you to track your orders or receive “back in stock” notifications (although it is not necessary to create an account in order to use the Website), we may collect and use your Personal Data to keep you updated about special offers, send updates related to the Website, and facilitate checkout during purchase transactions.

If you sign up to receive promotional emails or marketing from us, we may contact you about sales, special offers and new features available through the Website.

If you participate in a contest, promotion or sweepstakes that we sponsor we may, subject to the terms of the relevant promotion as well as this Privacy Policy, contact you regarding the promotion or other promotional and special offers, sales, and new features available through the Website.

We also may obtain, collect and aggregate information (including Personal Data) provided to us by third parties such as advertising networks, marketing service providers, demographic companies, analytics companies, and other vendors that chose to collaborate or work with us.

The above section provides examples of the Personal Data that Jac + Jack may collect through the Website and the ways in which Jac + Jack may use such Personal Data. If you do not want Jac + Jack to collect your Personal Data, please do not disclose it. You can access, correct and/or update your information or change your marketing and subscription settings by accessing your account using the "Sign In" link on the Website.

B.Non-Personal Data
“Non-Personal Data” means data that is not associated with or linked to your Personal Data; Non-Personal Data does not, by itself, permit the identification of individual persons. We collect Personal Data and Non-Personal Data, as described below.

When you use the Website, including by browsing merchandise and/or contacting Jac + Jack with inquiries, Jac + Jack collects certain Non-Personal Data and also receives such information from various third parties. Non-Personal Data cannot be used to specifically identify you. The Non-Personal Data Jac + Jack collects includes, without limitation, , Internet browser information, other characteristics of the device you are using to access the Website, domain names of your Internet Service Provider (ISP), your approximate geographic location (if your device settings allow us to collect location information), a record of your usage of the Website, and the time of your usage. This information is used for analytics (such as understanding how you use the Website and/or shop with us, improvement of the Website, and determining the devices and methods you use to access the Website) as well as for personalizing your experience (including customizing the products we share with you, tracking your activity on the Website by identifying the different devices you use, remembering your preferences and the products you were interested in, and generally enhancing your experience on the Website). Additional information regarding the collection of Non-Personal Data can be found below:

Cookies and Other Session Identifiers: Jac + Jack and our service providers may use cookies, pixel tags, web beacons, Adobe flash technology and other similar technologies, which allow us to, among other things, optimize the Website and to understand traffic and usage patterns. Additionally, if the settings on your location-aware device allow us to receive geo-location data or information, we may collect that information automatically.

A “cookie” is a small data file that is stored on your hard drive or in connection with your Internet browser which may be session-based or persistent. Cookies allow parties (including Jac + Jack, our service providers and others) to (a) track your activities on the Website; (b) track clicks, purchases and conversion; (c) recognize your computer or device so that you are able to save your preferences and stay logged in to the Website without having to re-enter your account credentials; (d) deliver customized content, messages and advertising to you; preserve the contents of your shopping cart; and otherwise enhance and personalize your experience on the Website. If you do not want information collected through cookies, most devices allow you to decline the use of cookies. However, disabling cookies may result in not being able to use or to enjoy all of the services and features of the Website.

Jac + Jack may use Flash cookies and other similar technologies, which allow a website to store certain information locally on an individual’s computer or device and then access and use that information to enhance and facilitate certain Website experiences, processes and functionality. Flash cookies are different from other cookies and may not be removed in the same manner. For more information about cookies, please visit allaboutcookies.org.

Jac + Jack may also use web beacons (also known as “clear GIFs” or “pixel tags”) for similar purposes. These beacons or tags are typically small images embedded into emails or the Website that verify when the Website is viewed, when an email is opened and when links or other content in an email are clicked or viewed.

Mobile Access from Social Media Platforms and Networks: If you use a social media platform (such as Facebook) or a mobile device or application to interact with the Website, there may be a specific privacy statement and/or policy that governs the use of Personal Data related to that platform or application. For example, if you use a mobile application and your mobile device’s settings allow it, Jac + Jack may collect mobile location information from your device, whether or not you are logged into our Website. 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, and for any third-party platform you use to access our Website, please review their privacy policies and terms of use.

2. HOW DOES JAC + JACK USE THE COLLECTED INFORMATION?
A. Personal Data
We may use Personal Data as necessary and to fulfill your requests, including in the following ways:

Access and Use: If you provide Personal Data in order to obtain access to or use of the Website, Jac + Jack will use the Personal Data to provide you with and monitor such access and use.

Internal Business Purposes: Jac + Jack may use your Personal Data for internal business purposes including, without limitation, to help us improve the content and functionality of the Website, to better understand our users, to protect against fraud, to manage your account and to generally manage the Website and our business.

Marketing: We may use your Personal Data 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 Website which may be of relevance to you.

Customer Service: If you provide Personal Data for a specific reason (such as the resolution of a customer service issue), we may use the Personal Data in connection with the reason for which it was provided.

Aggregated Personal Data: Jac + Jack (either directly or through a service provider) may conduct research on our customer demographics, interests and behavior based on Personal Data and other information.

3. DO WE SHARE YOUR PERSONAL DATA?
Jac + Jack does not share or sell any Personal Data you provide to us except with your consent or as described in this Privacy Policy. In some instances, your permission will be implied from the nature of the service requested or the transaction undertaken. Examples of instances in which we share your Personal Data are provided below:

Order Fulfillment: If you choose to make a purchase on the Website, Jac + Jack may provide certain information such as your credit card number, billing address and other information related to such purchase, to unaffiliated third parties as necessary to complete your purchase (for example, to process your credit card and/or ship the products).

Business Transfers: As with any business, it is possible that the ownership of the business may change or certain business or corporate assets may be bought or sold. If this occurs, Personal Data may be part of the transferred assets. You acknowledge and agree that any successor or acquirer of either Jac + Jack or our eCommerce service provider will continue to have the right to use your Personal Data and other information in accordance with this Privacy Policy.

Subsidiaries and Affiliates: We may also share your Personal Data with our affiliates consistent with this Privacy Policy. Our affiliates will be bound to treat and to maintain any Personal Data in accordance with this Policy.

Agents, Consultants, and Related Third Parties: Jac + Jack, 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 fulfillment and shipping, marketing and promotional material distribution, website evaluation, data analysis and, where applicable, data cleansing. In connection with services those partners provide for Jac + Jack, we may grant them access to certain Personal Data.

Third Party Marketers: With your consent, Jac + Jack may also share information with other marketers whose products or services we feel may be of interest to you.

Legal Requirements: Jac + Jack may disclose your Personal Data 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 Website or the public or (iv) to protect against legal liability or potential fraud, as determined in our sole discretion.

Other uses: If Jac + Jack intends to use any Personal Data in a manner that is not authorized herein, we will inform you of such anticipated use prior to or at the time at which the Personal Data is collected and obtain your consent prior to such use.

A. Non-Personal Data
As noted above, Non-Personal Data does not and cannot be used to personally identify you. We may use such information for any lawful purpose, including sharing Non-Personal Data with our marketing partners, advertisers and others from time to time. This information is generally shared in an aggregated form.

4. HOW DOES JAC + JACK PROTECT YOUR PERSONAL DATA?
Jac + Jack uses a variety of industry-standard security technologies and security measures to help protect your Personal Data and Non-Personal Data from unauthorized access, use, or disclosure. Jac + Jack also makes commercially reasonable efforts to restrict access to Personal Data to employees, contractors and agents who need to know the information to provide or improve our products and services. Unfortunately, no transmission of data is guaranteed to be completely secure, therefore any transmission of Personal Data is done at your own risk and we assume no liability for any damage suffered by you caused by the interception, alteration or misuse of information during transmission. Please keep this in mind when disclosing any Personal Data via the Internet or by email.

5. SUSPICIOUS EMAILS
Identity theft and “phishing” are of great concern to us. Please note that Jac + Jack will not, at any time, ask you to provide your Personal Data or other personal information in a non-secure or unsolicited email. If you receive such an email, please contact us to bring it to our attention. For more information about phishing, visit the Federal Trade Commission at http://www.consumer.ftc.gov/articles/0003-phishing.

6. WHAT CHOICES DO I HAVE REGARDING MY PERSONAL DATA?
Jac + Jack is dedicated to respecting the choices you make regarding your Personal Data. You can update your contact information or change your subscription preferences through a user account on the Website (if you have one), or by writing to us at the address provided herein. In addition, you may:

Limit the Personal Data You Provide: You can disable cookies and/or decide not to register an account with us. However, if you take these actions, you may not be able to use certain functionalities of the Website. For example, you must provide both payment and shipping information for each transaction in order to purchase products and services on the Website.

Subscription Preferences: Promotional emails sent by Jac + Jack or on our behalf contain an “unsubscribe” hyperlink. While we honor all subscription requests, it may take up to ten (10) business days for a change to your preference settings to become effective. Please be aware that even if you opt-out of receiving future promotional communications, you may be sent certain transactional communications related to the purchase or shipment of those items. For example, if you place an order online, we will send you an email confirming your order and may need to contact you by phone, email and/or regular mail if we have questions about your order. Additionally, though you may have opted-out, we may send you messages if we are required to do so by law.

Third Party Advertisers: Jac + Jack may use advertisers, third party ad networks, and other advertising companies, to serve advertisements on our Website and on third-party websites. Our Privacy Policy does not cover the collection and use of information by such advertising companies. Please be advised that such third parties may gather information about your visit to our Website (such as through cookies, web beacons, pixel tags and other technologies) to enable them 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. If you would like more information about this practice and to be informed of your options in this regard, please visit http://www.networkadvertising.org/managing/opt_out.asp or http://preferences.truste.com/truste/.

ADDITIONAL NOTICES AND DISCLOSURES
7. LINKS TO OTHER WEBSITES AND SERVICES
The Website may provide links to other internet sites, content or videos (embedded or direct links) maintained by third parties. Jac + Jack is not responsible for the sites, content or videos accessed through those links and the policies and procedures set forth herein do not apply to that thirty-party content. The owners and operators of all those websites are responsible for all Personal Data and Non-Personal Data provided, collected, maintained, stored or otherwise disclosed on those sites, if any. Jac + Jack encourages you to review and/or contact those websites directly for information on their privacy policies.

If you access the Website through a link from one of our advertising or marketing partners, the information you provide to us through these links is collected by Jac + Jack, and our use of such information is subject to the terms and conditions of this Privacy Policy.

8. USER GENERATED CONTENT
The Website also enables users to post their own content, such as Facebook or Instagram posts. You should exercise caution if you decide to disclose your personal, account, financial or other information in a submission. Jac + Jack is not responsible for user generated content and it remains the sole responsibility of the person who submitted it.

DO NOT TRACK Please note that our Website is not configured to receive or honor “Do Not Track” signals. For information about “Do Not Track” browser settings, visit Do Not Track.

9. CALIFORNIA PRIVACY RIGHTS
Section 1798.83 of the California Civil Code entitles residents of California to request a notice detailing the categories of Personal Data that Jac + Jack has shared with third parties for direct marketing purposes during the preceding calendar year, as well as the identity of those third parties. To request a copy of your Personal Data maintained by Jac + Jack, please contact us as provided in the “Contacting Us” section of this Privacy Policy.

10. CHILDREN’S PRIVACY
Protecting the privacy of children is extremely important to us. Our Website is not directed at children under the age of 13, and we do not knowingly collect or intend to collect Personal Data from anyone who is under the age of 13 without verifiable prior parental consent. If we become aware that we have inadvertently received personal information from a visitor under the age of 13 on our Website, we will take the necessary steps to delete that information from our records.

11. NOTICE TO CANADIAN RESIDENTS
As with California residents, Canadian residents are entitled to receive certain information about the collection, use and disclosure of their Personal Data. We collect, use, and disclose your Personal Data with your consent, which may be express or implied. You may withdraw your consent to the use and disclosure of your Personal Data by contacting us as specified below in the “Contacting Us” section of this Privacy Policy.

12. CROSS-BORDER DATA TRANSFERS
Information, including information collected in the European Economic Area (“EEA”) may be transferred, stored and processed by us and our services providers in the United States and other countries whose data protection laws may be different than the laws of your country. We will protect your Personal Data in accordance with this Privacy Policy wherever it is processed and take appropriate steps to protect the information in accordance with applicable laws.

If you live in the EEA, or a similar international area, you may have additional privacy rights available to you under applicable laws. We will process your requests in accordance with applicable data protection laws. If you would like to exercise any of the below rights, please contact: service@jacandjack.com so that we may consider your request in accordance with applicable law:

Right not to provide or withdraw consent: You have the right not to provide or withdraw your consent at any time.
Right of access: You may have the right to access the Personal Data that you provided us.
Right of erasure: You may have the right to the erasure of Personal Data that we hold about you.
Right to object to processing: You may have the right to request that we stop processing your Personal Data and/or to stop sending you marketing communications.
Right to rectification: You may have the right to require us to correct any of your Personal Data.

13. INFORMATION SECURITY AND CONFIDENTIALITY
We maintain (and require our subcontractors and service providers to maintain) appropriate organizational and technical measures designed to protect the security and confidentiality of any information we process. However, no organizational or technical measures are 100% secure so you should take care when disclosing information online and act reasonably to protect yourself online.

14. YOUR U.K. PRIVACY RIGHTS
Users from the U.K. have the right to ask us to amend or limit the processing of their Personal Data, (as defined by U.K. law) and in particular, not to process their Personal Data for marketing purposes. We will inform you (before collecting your personal data) if we intend to use your Personal Data for such purposes or if we intend to disclose your Personal Data to any third party for such purposes. You can exercise your rights to prevent such processing by checking certain boxes on the forms we use to collect your Personal Data. You can also exercise the right at any time by contacting us at: service@jacandjack.com.

The U.K. Data Protection Act 1998 (“the DPA 1998”) gives users from the U.K. the right to access information held about you. Your right of access can be exercised in accordance with the DPA 1998. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.

15. UPDATES TO THIS POLICY
Jac + Jack reserves the right to update, change, amend or modify this Policy at any time and from time to time without prior notice, and we may apply any change in the Privacy Policy to information previously collected, as permitted by law. Please review our Privacy Policy before you provide any Personal Data and periodically on an ongoing basis. When we make material changes to this Privacy Policy, we will notify you by posting the updated Privacy Policy on the Website, and we will revise the “Last Updated” date at the top of the Privacy Policy. Your continued use of the Website after any changes or revisions to this Privacy Policy become effective shall indicate your agreement with the terms of the then-current Privacy Policy.

16. CONTACTING US
If you have any questions about this Privacy Policy or our privacy practices, please contact us at:

Jac and Jack Pty Ltd Level 2/ 46-54 Foster Street, Surry Hills, NSW 2010 P (323) 923-5941 – Monday through Friday 9:00 am to 5:30 pm (AEDT)

service@jacandjack.com