Privacy Policy (AU)

Application and scope of this privacy policy 
Respecting your privacy
What kind of personal information does PVHBA collect and hold?
How and why does PVHBA collect and hold your personal information? 
Social listening 
How does PVHBA use your personal information?
In what circumstances will PVHBA disclose your personal information?
Who may we disclose your personal information to? 
Does PVHBA disclose your personal information to overseas recipients? 
Direct marketing 
Collection of Cookies 
Information security and website usage
How long will we retain your personal information? 
Business transfer clause 
How you can access or correct your personal information
How you can notify us of a privacy concern or contact our Privacy Officer

Application and scope of this privacy policy

This privacy policy applies to PVH Brands Australia Limited (ACN 165 485 290) and its related bodies corporate (collectively referred to as “PVHBA”, “we”, “our” and “us” and severally referred to as a “PVHBA entity”).

PVHBA is bound by the Privacy Act 1988 (Cth). PVHBA will only collect and use personal information in accordance with our legal obligations and this Policy.

‘Personal information’ means information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether true or not, and whether recorded in a material form or not – i.e. information which identifies you as an individual or from which you can reasonably be identified.

This policy outlines PVHBA’s personal information management practices. It relates to the personal information that we collect from customers, suppliers, employees, contractors, visitors to our website, any apps we may use, social media and any other digital services or collection methods that we may employ as well as in our stores.

There may be additional privacy notices and terms that are relevant to you depending on the nature of your dealings with us.

Respecting your privacy

At PVHBA, we value the trust our customers place in us when they provide us with their personal information. 

Please be assured that we take the protection and security of that information very seriously. We are committed to handling your personal information/ data in an open and transparent way. This privacy policy has been designed to help you understand what personal information we collect, why we collect it, and how you can contact us to update and access your personal information.

When you provide your personal information to PVHBA (by any means, whether verbal, written or electronic) or through your use of any PVHBA website, you are agreeing to the terms of this privacy policy and also providing us with your consent for the collection, handling, use, disclosure and storage of that personal information.

Where we can, we will allow you to deal with us anonymously or by using a pseudonym.  However, in some circumstances, this may not allow us to provide you with a service you have asked for (such as delivery). If you ask our Privacy Officer about this option, we will inform you if it is possible for an interaction to occur on an anonymous basis. Whilst you may opt to not to provide us with your personal information, you should be aware that without this personal information, we may not be able to provide you with some of the services and/or products you are seeking.
If you have any questions regarding PVHBA’s privacy policy or practices, please call our Privacy Officer on 02 93162800 or email us at privacy@pvhbrandsaustralia.com.au.

What kind of personal information does PVHBA collect and hold?

PVHBA only collects the personal information that we need for one or more of our functions or activities. 

PVHBA collects the personal information of its customers, members of the public, staff and other individuals who have dealings with PVHBA for administrative needs, to conduct its business, for legislative compliance or for market/research purposes. Any personal information that you provide via our websites or directly is collected and managed by PVHBA.

The personal information that we collect and hold is what is reasonably necessary for our business functions and activities. The nature and amount of information we collect will depend on the purpose for which it is being collected. The types of personal information PVHBA may collect includes (but is not limited to):

  • name;
  • date of birth;
  • gender;
  • residential address;
  • email address;
  • contact telephone numbers;
  • social media names or other details;
  • testimonials or opinions;
  • photos of individuals (possibly including recordings on video and audio surveillance devices in our premises);
  • financial/ purchase information (such as credit card details);
  • records of written or verbal contact with PVHBA, including voice recordings of telephone conversations you have had with us;
  • information related to use of our online services such as device identifiers (IP address), location data, dates, times, file metadata, referring website, data entered and user activity (such as links clicked).

The nature and amount of information collected will depend on the purpose for which it is being collected. If you provide your personal information to a third party via a link from a PVHBA website (e.g. if you enter a competition or register for another type of promotion run by one of our partners), you need to be aware that that information is collected and managed by those third parties.  You should therefore familiarise yourself with their privacy policy (usually available online) prior to deciding whether you wish to provide them with your information.

If you use a third-party authentication service or social account (e.g. Google or Facebook) to log into one of our websites, this allows the PVHBA website to make a request for data about you.  If you if you choose to log in with an authentication service or social account, your data will be shared between those social networks and PVHBA. You should therefore stay updated on your social networks’ privacy policies, and only use the social log-in for sites you feel comfortable sharing data with.

We will not collect sensitive information about you without your express consent. Sensitive information includes health information and information about a person’s race, ethnic origin, political opinions, membership of trade associations, religious or philosophical beliefs, sexual preferences or criminal history.

How and why does PVHBA collect and hold your personal information?

PVHBA will only collect personal information about you by lawful and fair means, and will not do so in an unreasonably intrusive manner.

PVHBA only collects personal information for purposes that are directly related to our business activities, and only when it is necessary for or directly related to such purposes. It is our usual practice to collect personal information about you (and possibly about your family) directly from you. This is done when we make a record of the personal information that is provided to us when you:

  • contact us by telephone, mail, email, online or by any digital form or social media;
  • visit one of our websites;
  • call our customer care team;
  • fill out a hard copy or digital form;
  • apply for membership to any of our loyalty or marketing programs;
  • subscribe to marketing or promotional communications;
  • give information to our in-store service staff;
  • order or purchase goods or services;
  • provide a testimonial or survey response about our products or services;
  • communicate about us or our brands on social media;
  • provide personal information via a blog or other feedback on any of our websites;
  • sign on for any service that we provide;
  • ask us to make a credit application to a credit provider on your behalf;
  • post a comment on one of our websites or social media pages;
  • post a rating or review or other user generated content on one of our websites or apps;
  • enter one of our competitions (or competitions run by our partners or associates);
  • provide services to us;
  • click on one of our advertisements or offers (by using technology such as ‘cookies’);
  • interact with us in relation to employment services, human resource management, and other corporate service functions;
  • communicate with us (including e-mail and telephone) for security, dispute resolution and training purposes
  • if we operate video and audio surveillance devices in our premises; and/or
  • make a complaint or legal/ liability claims against us;

Most of the personal information that we hold about you will be from your direct dealings with us, but we may also collect your personal information from a third party, anyone authorised to act on your behalf, or via social media. We will only do this if we have been advised that you have consented to the collection of your personal information, or if you would reasonably expect us to collect your personal information in that way.

We may also collect personal information from our business or related entities and affiliates who have collected your information. We may also collect information about you by accessing data from other sources and then analysing that data with the information that we already hold about you in order to learn more about your preferences and interests.

If you use Google or Facebook to log into one of our websites, this allows the website to make a request for data about you.  If you if you choose to log in with your social account, your data will be shared between those social networks and PVHBA. You should therefore stay updated on your social networks’ privacy policies, and only use the social log-in for sites you feel comfortable sharing data with.

If we receive information about you from a third party, and it is not information we need in respect of our business activities, we will destroy or de-identify that information (provided it is lawful to do so).

You may be offered the option to join one of our loyalty programs. On enrolment we will collect your profile information and your purchase history and the contents of your online wish list. We do not collect information related to the payment instrument that you use such as credit card information. In our store, depending on whether you are a consumer or small business, we collect your company name, personal name, address and other relevant personal details if this is needed to comply by local fiscal and legal requirements such as to provide a tax receipt. When you make a purchase via one of our online stores or apps we will collect information such as your name, shipping and billing address and contact details such as telephone and email address, ordered and returned products, delivery information and invoice information. We also collect data on your usage vouchers and/or gift cards.

There may be a situations where PVHBA may engage in the collection of biometric data as part of services designed to allow visitor and contractor ‘check in’ at our premises.  If this is the case, this will not be done without the individual’s express consent and knowledge.

You may also be given the option to create a personal account with one of our brands. If you choose to do so, we will ask you to consent to receiving newsletters and other (electronic) communications via post, email and/or SMS from PVHBA. If you logon to your account through Facebook, Google, Instagram or other social media accounts, we collect profile information from your social media account including your name and email address. Please note that when accessing your account through a social media platform, the social media provider will be notified of your access to the account. Please refer to the privacy notice of the respective social media provider(s) for more information on how your personal information is stored.

If you interact with chatbots (automated messengers) we will record what you respond to these chatbots, how you interact with them and we will store data related to the device that you use. Depending on the platform for the chatbot and your permission, your device data may include: IP address, social medical handle, time zone, country and GPS location. The platform that provides the chatbot may also collect some of this data. For example, if the chatbot is provided on Facebook, this platform will collect your user data as well.

We, along with our third party service partners, may also automatically collect information about you when you use one of our sites, to help us measure and determine how visitors use the sites. The information automatically collected may include: device ID, device type, browser type and version, geo-location information, computer and connection information, statistics on page views, traffic to and from the site, ad data, IP address, referring website address and standard web log information.  There is more detailed information on this process and ‘cookie’ collection in this privacy policy.

Social Listening

PVHBA engages in social listening – which means we monitor our social media channels for any customer feedback or direct mentions of our brands.  We do this by looking out for specific keywords or topics.

If you actively communicate about us or our brands on social media, we collect a copy of your communication. For example, if you use #calvinklein in relation to one of the items we sell, we will retain a copy of the tweet and may use it for our brands awareness.  In order to enable us to do this, we may contract third parties for the provisioning of social listening services.

Please note that any information you post or disclose through these services will become public and may be available to other users and the general public.

Also, if you disclose any personal information relating to us, other people or to our service providers, you represent that you have the authority to do so and also permit us to use the personal information in accordance with this privacy policy.

If you choose to connect your social media account to your PVHBA (or related brand) account (where such feature is available), you will share certain personal data from your social media account with us, for example, your name, email address, photo, list of social media contacts, and any other information that may be or you make accessible to us when you connect your social media account to your PVHBA (or related brand) account. We will engage in these activities to manage our contractual relationship with you, with your consent or where we have a legitimate interest.

Please note that our websites are not directed to individuals under the age of sixteen (16). We ask that you do not provide your personal information to us if you are under that age, and also that you do not share the personal information of anyone else under that age with us, unless this is required by us and you are their parent or guardian, or have the express consent of their parent or guardian to do this.

How we use your personal information?

Your personal information can be accessed and used by PVHBA to the extent that this is required.

PVHBA may use your personal information for a number of purposes, (including but not limited to):

  • to identify you and any records relating to you;
  • to provide you with the products and services you have requested;
  • to manage your requests for products and services including delivery, processing payments, providing refunds, discounts and incentives;
  • to develop and improve the products and services we offer;
  • to maintain and improve customer services and seek your feedback, including conducting product and market research and analysis;
  • to improve our operational processes, enhance your customer experience and to monitor and review our compliance with relevant regulations and codes of conduct in our dealings with you;
  • to send you reminders;
  • to market the products and services of PVHBA;
  • maintain and improve customer services, including conducting product and market research and analysis;
  • to collect information from your computer through the use of cookies;
  • to enable us to undertake a credit assessment;
  • to facilitate appropriate communication between you and our preferred credit suppliers;
  • to comply with any legal obligations or governance requirements;
  • to facilitate your interactions with us on our website;
  • to meet our legal obligations and to notify you of matters that we are required to do so by law (such as product recalls);
  • to interact with Regulators or other Government agencies;
  • to manage and resolve any legal or commercial complaints and issues;
  • to investigate fraud and to carry out loss prevention activities; and/or
  • as part of buying or selling our businesses.

De-identified personal information may also be used to allow corporate reporting within our business and with our affiliates.

PVHBA will not use Government Identifiers, such as Medicare numbers, or a driver’s licence number as its own identifier of individuals.

Whilst you may opt not to provide us with your personal information, you should be aware that without this personal information, we may not be able to provide you with some of the services and/or products you may be seeking.

In what circumstances will PVHBA disclose your personal information?

In the course of conducting our business and providing our products and services to you, we may disclose your personal information.

We only disclose personal information for the purposes for which it was given to us, or for purposes which are directly related to one of our functions or activities.  We do not give it to anyone else unless one of the following applies:

  • you have consented to the disclosure;
  • you would reasonably expect, or have been told (for example, by means of this Privacy Policy), that your information will be passes on to those individuals/ entities/PVHBA affiliates bodies or agencies; and/or
  • it is otherwise required or authorised by law.

If we engage third party agents or contractors, we will take all reasonable steps to ensure that they do not breach privacy requirements in relation to the information we share with them, before we share your personal information with them.

Who may we disclose your personal information to?

We may disclose your personal information to:

  • our employees, agents or contractors as required;
  • our business affiliates or related entities, including PVH Corp;
  • professional advisers (such as lawyers, accountants, auditors) to the extent that is reasonably required;
  • advertising, marketing, social media and promotional agencies that we engage;
  • payment systems operators and financial institutions;
  • debt collectors;
  • third party service providers that provide us with communication (e-mail) or data storage services;
  • technology services including application, development and technical support, processing, storing, hosting and data analysis;
  • administrative services, including mailing services, printing, archival and contact management services;
  • third party agents or contractors with whom we contract in the ordinary course of business;
  • organisations authorised by PVHBA to conduct promotional, research or marketing activities;
  • upon lawful request from law enforcement agencies or government authorities; and/or
  • any persons acting on your behalf including those persons nominated by you, executors, trustees and legal representatives.

In all circumstances where your personal information is disclosed, we will take all steps reasonable to ensure that those third parties undertake to protect your privacy.

Does PVHBA disclose your personal information to overseas recipients?

In some circumstances, PVHBA may disclose your personal information to overseas recipients.

If this occurs, we take steps as are reasonable in the circumstances to ensure that the overseas recipient does not breach the relevant privacy laws in relation to that information.

Your personal information may be disclosed to other PVHBA entities, business partners and service providers in Australia and overseas.

Our service providers are mainly located in Australia, New Zealand and the United States of America. However, from time to time we may need to engage a service provider in another country. We may also be required to report to regulatory authorities, within or outside of Australia or New Zealand.

Your personal information may be stored in a secure and/or encrypted form overseas (e.g. in data storage and cloud computing facilities operated by us or by third parties on PVHBA’s behalf). By providing us with your personal information, you are agreeing to the disclosure of your personal information to third parties operating outside of Australia and New Zealand.  PVHBA will take all reasonable steps to ensure that any personal information we disclose overseas is handled in accordance with the law.

Sometimes PVHBA may make the business decision to use third party platforms and service providers to process sales, provide web support, send marketing messages, deliver products or otherwise provide data storage and processing services.  These services are hosted and managed by organisations other than ourselves, and some of these services are hosted overseas.  These services may also involve geographic locations which change from time to time which include data protection and processing efficiency.  Where these services are used by us, it may not be practicable for us to notify you of which country your personal information may be located in.

Direct marketing

We are committed to compliance with all laws and requirements relating to the use of your personal information for direct marketing.

When you provide your personal details, you may consent to us using your personal information for direct marketing purposes (for an indefinite period). From time to time, we may contact you with information about products and services offered by us and our related entities and our business partners or affiliates, which we think may be of interest to you.  When we contact you it may be by mail, telephone, email, SMS or via social media.  These communications may relate to products and services that we and our affiliates provide, and other products that may be of interest to you.

PVHBA also hopes to deliver to you advertising for products and services that you need or want. For example, PVHBA partners with websites with whom you have shared your interests, and asks that they serve our ads to users who have expressed an interest in PVHBA products. PVHBA may provide you with information and services through a range of digital and online services including websites, apps, email, online advertisements, and social media profiles.

This may be done by us and our related entities to provide you with a consistent experience, personalised to your use of each of those services and to deliver targeted advertising. Our marketing system may record of information in relation to your interactions with online services. This can include information about software versions used, device identifiers (like IP addresses), location data (where available and not disabled by you), dates, times, file metadata, referring website, data entered, and your activity such as the links you have clicked.

The services PVHBA may use from time to time include those offered by Google (including Google Display Network and DoubleClick), Yahoo, Adobe (including Campaign Manager and Analytics), and Microsoft. You can find out more information about these services in the privacy policies for those services, including information on how to opt-out of certain things (e.g. Google Analytics Advertising Features which uses agegender, and interests categories to target our ads to you on the Google Display Network).

You can use Ads Settings on your browser to manage the Google ads that you see and to opt out of Ads Personalisation. Please note that you may need to opt-out separately from each service.

PVHBA may also partner with advertising companies to serve you ads based on your web browsing activity, purchases and/or interests. Some techniques for delivering content based on your interests are referred to as online behavioural advertising. Based on your on- and offline purchase history, your behaviour on our websites (visited pages, links clicked) and interaction with chatbot(s), we will set-up and maintain your personal digital marketing profile to make sure that we only show you advertisements that will most likely suit your personal taste.

To be able to show you targeted advertisements, we can also match your data profile with customers that have a similar profile.  PVHBA may use the information we collect from you to customise our offers and services for you, including providing recommendations, personalised content, and customised search results.  We only use your data for targeted advertising if you have given your consent for the placement of cookies of and the collection of personal data via the cookie. Our use of cookies, pixels and other digital tools with similar functionality, is described in more detail in our ‘Collection of Cookies’ section (included in this policy).

Depending on your settings, we may show you personalised ads based on your interests. You can control what information we use to show you ads by visiting your ‘ad settings’ on your browser. You can request us to remove your digital marketing profile by sending us an e- mail to privacy@pvhbrandsaustralia.com.au.

If you do not wish to be contacted by PVHBA, please contact our Privacy Officer on (02) 93162800 or email us at privacy@pvhbrandsaustralia.com.au.

Collection of Cookies

Cookies are pieces of information that a website transfers to your computer for record-keeping purposes.  

Cookies help provide additional functionality to the web site or to help us analyse site usage more accurately. We use information collected from cookies to better understand, customise and improve user experience with our websites, services and offerings, as well as to manage our advertising. For instance, our server may set a cookie that keeps you from having to enter a password more than once during a visit to one of our sites. Also, we may use web analytics services that leverage cookies to help us to understand how visitors engage with and navigate our site (e.g. how and when pages in a site are visited and by how many visitors).

We are also able to offer our visitors a more customised, relevant experience on our sites using cookies by delivering content and functionality based on your preferences and interests. If you have provided us with personal information (e.g. through a registration or a request for certain materials), we may associate this personal information with information gathered through cookies. This allows us to offer increased personalisation and functionality.

In all cases in which cookies are used, the cookie will not collect personal information except with your explicit permission. Your web browser can be set to allow you to control whether you will accept cookies, reject cookies or to notify you each time a cookie is sent to your browser. If your browser is set to reject cookies, websites that are cookie-enabled will not recognise you when you return to the website, and some website functionality may be lost. The ‘Help’ section of your browser may tell you how to prevent your browser from accepting cookies.

We, and third parties, including our service providers, collect data collected using cookies and other device identifying technologies. We use Cookies and Tracking Technologies to collect your IP address, device ID information, ISP provider, browser type, the pages and content you view on our website (s), the search terms you enter on our website, and the actions you take on our website.

In some cases, the third parties we work with may use cookies and other technologies (such as those described in this Policy) to support PVHBA’s digital marketing initiatives. Analytics collects any demographic and interest information available in a cookie. These technologies may be used in connection with activities like surveys, online behavioural advertising, website analytics, and email campaign management.

Information security and website usage

We hold personal information both at our own premises in Australia and New Zealand and with the assistance of our service providers.  We have a number of security controls in place and we take all reasonable steps to ensure that your personal information is stored securely and is protected from misuse and loss or unauthorised access, modification or disclosure.

Our computer systems may be operated by us or by our service providers.  In all cases, we have rigorous information security requirements aimed at eliminating risks of unauthorised access to, and loss, misuse or wrongful alteration of, the personal information that we handle.

Examples of these measures include:

  • control of access to personal information through access and identity management systems (such as passwords); and
  • PVHBA personnel are bound by and trained on internal information security policies and are required to keep personal information secure at all times.

How long will we retain your personal information?

PVHBA will retain the personal information that we collect about you for the period that you actively interact with us.

You are no longer considered to be actively interacting with us if, for a consecutive period of two (2) years, you have not purchased an item from us or have not visited one of our website(s).

After this two (2) year period we will only retain specific personal data that needs to be retained:

  • in light of the purpose(s) for which it was obtained;
  • if we are required to do so by law; or
  • if this is necessary to protect our rights or legal position.

The personal information that we use to send you direct marketing communications will be retained and used by us until you opt-out from receiving those communications from us.

If we no longer require your personal information for any purpose, including legal purposes, we will take reasonable steps to securely destroy or de-identify your personal information.

Business transfer clause

It is possible, moving forward, that there could be a change in our business ownership or structure (including but not limited to a merger, acquisition or sale of a portion of all or some of our assets, (including our customer databases)), or we may undertake a corporate reorganisation or other action or transfer the personal information we handle between PVHBA or related entities.

In the event that this should happen, you should be aware, that when you provide your personal information (by any means, whether verbal, written or electronic) or through your use of the PVHBA websites at any time, you are consenting to the future transfer of your personal information to a potential or actual new owner or successor entity so that services can be continued to be provided to you.

By agreeing to the terms of this privacy policy, you acknowledge that such transfer of your personal information may occur in the future, and that any new owner or successor entity can continue to handle your personal information as set forth in this privacy policy.

How you can access or correct your personal information

You can request access to the personal information we hold about you at any time, and we will provide you with that information unless we are prevented by law from giving it to you.  

If we are unable to give you access to the information you have requested, we will give you reasons for this decision when we respond to your request.

You will not be charged for accessing your information, although we might have to charge the reasonable cost of processing your request, including photocopying, administration and postage if required.  We will advise you of any fee payable before we process your request.

If you believe that your personal information is not accurate, complete or up to date or you wish to request that we delete (or refrain from processing) any of your personal information that we handle, please contact our Privacy Officer on (02) 93162800 or email us at privacy@pvhbrandsaustralia.com.au.

How you can notify us of a privacy concern or contact our Privacy Officer

If you:

  • have queries, concerns or complaints about the manner in which your personal information has been collected or handled by PVHBA; or
  • would like to request access to, correction or deletion of the personal information we hold about you please contact our Privacy Officer on (02) 93162800 or email us at privacy@pvhbrandsaustralia.com.au.

If you consider your privacy concerns have not been resolved satisfactorily by us, or you wish to obtain more information on privacy requirements, you can contact the Office of the Australian Information Commissioner on 1300 363 992 or visit their website at www.oaic.gov.au.

This privacy policy is effective from September 2020.  From time to time, our privacy policies and procedures will be reviewed and, if appropriate, updated.  If any changes are made to this policy, these will be posted on our website. We are constantly developing and enhancing our use of online technologies and make reasonable efforts to ensure that we keep this Policy and related documents up to date in this regard.  Please check back on a regular basis to ensure you are familiar with our current practices.