The Watch Society (we, us and our or TWS) respects and upholds the privacy rights of individuals.
We are sensitive to privacy issues and take seriously the ongoing trust placed in us. We have committed to compliance with the Privacy Act 1988 (Cth) (Privacy Act), including the Australian Privacy Principles (APPs), which detail how personal information may be collected, used, disclosed, stored and destroyed, and how an individual may gain access to or make complaints about the personal information held about them.
Personal information is information or an opinion about an identified individual, or about an individual who is reasonably identifiable.
Sensitive information, a sub-set of personal information, is information or an opinion about an individual’s racial or ethnic origin, political opinions, political association membership, religious beliefs or affiliations, philosophical beliefs, professional or trade association membership, trade union membership, sexual orientation or practices or criminal record, and includes health information and genetic information.
COLLECTION OF YOUR PERSONAL INFORMATION
We only collect personal information that is necessary for what we do such as:
- providing membership services;
- the operation of the TWS.
The types of personal information we may collect depends on the purpose for which we need the information and may include the following:
- your contact details, including your full name, street address, billing address, postal address, email address; and telephone number;
- your date of birth and age;
- your IP address, browser type, domain names, browsing preferences, access times and the addresses of referring websites;
- proof of identity information and documentation including driver's license, passport or birth certificate information;
HOW WE COLLECT AND HOLD PERSONAL INFORMATION
We will, where possible, collect your personal information directly from you, unless it is unreasonable or impracticable for us to do so. If we collect your personal information from another person and it is unclear that you have consented to the disclosure of that information to us or that information is otherwise not permitted to be disclosed to us, we will, whenever reasonably possible, make you aware that we have done this and the reasons for doing so. For example, we may collect personal information from you through telephone calls, your emails, website contact forms and other correspondence to us.
If you do not provide some or all of the personal information we request, we may be unable to effectively provide our services to you.
WEBSITE USAGE INFORMATION AND COOKIES
Our website thewatchsociety.co, uses small data files called cookies on your computer, which you can choose to accept or decline.
One of the primary purposes of a cookie is to save you time. A cookie tells the web server that you have returned to a specific webpage. For example, if you personalise the webpages on our website or register with us through our website, the cookie helps the website to recall your specific information on subsequent visits.
This simplifies the process of recording your personal information, such as billing address, postal address and so on. When you return to the same webpage, the information you previously provided can be retrieved so you can easily use the website features that you customised.
You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but depending on your browser, you can modify your browser settings to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of our website.
There is also information about the hardware and software on your computer that is automatically collected by our website. This information can include your IP address, browser type, domain names, browsing preferences, access times and the addresses of referring websites. This information is used by us to maintain the quality of our website and to provide us with information regarding the use of our website.
We encourage you to review the privacy statements of websites you choose to click through to from our website so that you understand how those websites collect, use and share your information. We have no control over and are not responsible for the manner in which the hosts of other websites use personal information they collect from you.
WHAT WE DO WITH YOUR PERSONAL INFORMATION
We use the personal information we hold about you to do the following things:
- provide membership services to you;
- accept donations from you;
- supply goods to you;
- communicate with you concerning our activities;
- respond to feedback from you;
- develop and/or test our systems;
- for our own internal administrative purposes.
With your consent, we do the following:
- communicate promotional offers and special events to you;
- conduct fundraising;
- conduct marketing activities;
SITUATIONS WHERE WE MAY DISCLOSE YOUR PERSONAL INFORMATION
We will not disclose your personal information to any person except to our District Branches, Sub Branches, related entities, contractors, suppliers, distributors and agents used by us in the ordinary course of our business. This may include for the purposes of the administration of membership services, mailing services, distribution services, IT services, data analysis, research, advertising or consultancy services.
We may also need to disclose your personal information where we:
- are under a legal duty to comply with any legal obligation or in order to enforce or apply our terms and conditions; or
- need to disclose it to protect our rights, property or safety of our members, customers or others, including the exchange of information with other companies, organisations and/or governmental bodies for the purposes of fraud protection and credit risk reduction.
We do not ordinarily disclose your personal information overseas, however, before any personal information is disclosed to a recipient in a foreign country, the Privacy Act requires us to take such steps as are reasonable in the circumstances to ensure that the recipient does not breach the APPs in relation to the information. If you consent to the disclosure of your personal information to overseas recipients, we are not required to take such steps.
By submitting your personal information to us, you expressly consent to the disclosure, transfer, storage or processing of your personal information outside of Australia. In providing this consent, you understand and acknowledge that countries outside Australia may not have the same privacy protection obligations as Australia in relation to personal information. If your personal information is mishandled in any jurisdiction, we disclaim responsibility and you will not have a remedy under Australian law.
By submitting your personal information to us, you expressly consent to us using your personal information to provide you with information about our products, services or events which we consider may be of interest to you or engage in any other direct marketing activity.
We may also use your personal information for the purpose of providing you with other information, if it is within your reasonable expectations that we would send you such information given the nature of previous communications with you.
You may at any time opt out of receiving any communications from us (other than as required for the operation of our activities, e.g. regarding the payment for TWS tickets) by using the “unsubscribe” facility included in an email you receive from us or by contacting us using the details set out at the bottom of this document.
PSEUDONYMITY OR ANONYMITY
You have the option of not identifying yourself, or of using a pseudonym, when dealing with us provided it is lawful and practical to do so.
We store personal information:
- contained in paper based and other hard copy documents both at our office and at off-site secure storage facilities; and
- contained in electronic records, in a controlled and secure environment.
Your personal information is only accessible by those persons who require access to the personal information for the purposes of carrying out their work on our behalf.
When personal information (such as payment information) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol.
We will take all reasonable steps to protect the personal information we hold from misuse and loss and from unauthorised access, modification or disclosure.
If we suspect that a data breach has occurred, we will follow the requirements of the Data Breach Notification scheme under the Privacy Act. The requirements include notifying affected individuals and the Office of the Australian Information Commissioner in some circumstances.
DESTRUCTION AND DE-IDENTIFICATION
We will retain your personal information whilst it is required for any of our business functions, or for any other lawful purpose. We will destroy or de-identify personal information in accordance with our data security and data destruction policies or when our legal obligations to retain the information have expired and the information is no longer needed by us.
ACCESS TO YOUR PERSONAL INFORMATION
You may request access to the personal information we hold about you by writing to our Privacy Officer at the address below.
You do not have to provide a reason for requesting access. Except in circumstances established under the APPs, if we hold personal information that you are entitled to access, we will endeavour to provide you with a suitable range of choices as to how you may access that information (e.g. post or collection). We may ask you to complete an Access Request form to help us identify and locate the information being requested.
If you believe that the personal information we hold about you is incorrect, incomplete or inaccurate, you can ask us to amend it. We will consider your request and:
- if we agree that the information we hold is inaccurate, we will amend it; or
- if we do not agree, then we will add a note to the personal information stating that you disagree with its accuracy.
COMPLAINTS AND CONCERNS
We will respond to your complaint in accordance with the relevant provisions of the APPs as soon as practicable. We treat complaints relating to privacy very seriously. If you submit a concern or complaint, we will endeavour to deal with it comprehensively and reach an outcome where all parties are satisfied.
If you are not satisfied with our response to your complaint, or if you would like further information about privacy in Australia, then we suggest you contact the Office of the Australian Information Commissioner at oaic.gov.au.
YOUR PAYMENT INFORMATION
TWS’s systems and providers are compliant with the Payment Card Industry Data Security Standard (PCI DSS), and undergo rigorous audits and testing to ensure that confidentiality and the integrity of our systems and information are upheld.
TWS’s regularly performs security, vulnerability and malware scanning that is conducted by an external ASV (Accredited Scanning Vendor) to ensure our site remains free of vulnerabilities or malicious software.
Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems and are required to keep the information confidential. In addition, all sensitive/credit information supplied is encrypted via Secure Socket Layer (SSL) and Transport Layer Security (TLS) technology.
We implement a variety of security measures and encryption methods, when a user places an order or enters, submits, or accesses their information, to maintain the safety of your personal information.
All transactions are processed through a secure gateway provider and your credit card information is not stored on our systems. Financial information, such as bank account details that are provided in association with a Direct Debit arrangement are stored in a secure and/or encrypted format in connection with a transaction.
GDPR - PROCESSING EU PERSONAL DATA
This section entitled “GDPR – Processing EU Personal Data” only applies if you access our products or services in the EU and your personal data (as defined in this section) is processed and/or monitored as a result.
General - When we process your personal information, we will comply with the General Data Protection Regulation ((EU) 2016/679) (“GDPR”), any local implementing laws and any successor legislation to the GDPR and the local implementing laws. We are the data controller (as defined in GDPR) of the data you pass to us pursuant to this policy.
Where we refer to “personal information” throughout this policy, it has the meaning set out in the Privacy Act (as explained at the beginning of this policy) and also the meaning given to “personal data” in the GDPR. “Processing” has the meaning set out in GDPR and, in practice, means doing anything with your personal information, including storing it.
Retention – if you are a regular customer or subscriber of the TWS’s, we will retain your personal information for no longer than 8 years from the date of our last interaction with you. This enables us to comply with certain legal obligations and financial reporting requirements. We may choose to retain your personal information for a shorter period of 25 months from the date of our last interaction with you if you purchase only occasional tickets from us or where we have no interaction with you during a 12-month period.
If we receive a “return to sender”, bounce-back email or similar message when we contact you, we will delete the relevant personal information from our system. We will also delete or update your personal information if you ask us to do so in accordance with the requirements of GDPR.
Grounds for processing - we collect most of your personal information on the grounds of our legitimate interests or fulfillment of a contract, for example, providing you with the TWS’s tickets you have purchased and liaising with you in respect of those tickets. If we deem it appropriate, we may also rely on legitimate interests to send you marketing communications, including where you have opened a customer account for the TWS’s or purchased tickets for the TWS’s. If we are unable to rely on legitimate interests or another ground to process your personal information, we will seek consent from you in accordance with the requirements of GDPR.
If we have obtained consent from you to process your data, you have the right to withdraw your consent at any time. To withdraw your consent, please contact us using the contact information set out below. Please bear in mind that if you withdraw your consent it may affect our ability to carry out tasks for your benefit. Withdrawal of your consent will not affect any processing we have carried out in respect of your personal information prior to you withdrawing consent.
In the section entitled “What we do with your personal information”, we have explained that we may need to disclose your personal information to certain third parties. If any of those third parties are located outside of the European Economic Area (EEA) we will ensure that there are appropriate safeguards in place when the data is transferred in accordance with the requirements of GDPR.
Automated decision making – if you purchase an TWS ticket, your success or otherwise will be determined as a result of a process of automated decision making. We carry out this example of automated decision making on the grounds that it is necessary to fulfil the contract we have entered into with you.
Your rights – there are a number of rights available to you under GDPR. These include:
- the right to access your personal information and ask us to provide certain information about the processing we carry out in respect of your personal information;
- the right to ask us to rectify any personal information we process that you believe is incorrect or incomplete;
- the right to ask us to erase your personal information; the right to ask us to restrict the processing we carry out in respect of your personal information, or to object to the processing we carry out; and
- the right to have your data provided to another data controller in a structured, commonly used and machine-readable format (data portability).
Please note that there are some exceptions and caveats to the rights listed above.
Complaints – in addition to your rights set out above in the section entitled “Complaints and Concerns”, you are entitled to complain to the relevant supervisory authority in your jurisdiction. A list of the supervisory authorities throughout the European Union is available here.
CHANGES TO THIS PRIVACY STATEMENT
OUR CONTACT DETAILS
If you have any questions about this policy or if you have any complaint regarding the treatment of your privacy by us, please contact us in writing using the following details:
The Privacy Officer
The Watch Society
11 York Street
Sydney, NSW 2000
These terms and conditions sets forth the terms and conditions under which Christopher Almond trustee of Supernova Investments ABN 32 109 632 405 (trading as The Watch Society; TWS)of 11 York Street, Sydney, NSW governs your use of our website located at thewatchsociety.co (the Site), and the information, content, features and services provided through the Site
YOUR USE OF THE SITE AND/OR THE SERVICE, OR THE PURCHASE OF ONE OF OUR PRODUCTS, SIGNIFIES YOUR AGREEMENT TO THESE TERMS AND CONDITIONS AND CONSTITUTES YOUR BINDING ACCEPTANCE OF THIS THEM, INCLUDING ANY MODIFICATIONS THAT THE WATCH SOCIETY (TWS) MAKES FROM TIME TO TIME.
If you do not agree to these terms and conditions, you may not use the Site or the Service.
TWS may amend these terms and conditions at any time by posting the amended Terms and conditions on the Site, and you agree that you will be bound by any changes to these terms and conditions. TWS may make changes to the Site at any time. You understand that TWS may discontinue or restrict your use of the Site for any reason or no reason with or without notice.
The TWS Site is a site offering its customers discounts for luxury watches. Customers receive access to a giveaway draw in which they get access to the opportunity to win a luxury watch.
Your use of the Service, including the availability of new services through the Site, shall be subject to these terms and conditions. In addition, TWS may impose limits on any portion of the Service or restrict your access to portions of or the entire Site in its sole discretion without notice or liability.
3. Legal Undertaking
By entering a Competition the entrant (‘Entrant’, ‘you’, ‘your(s)’ and/or ‘Customer’) will be deemed to have legal capacity to do so, you will have read and understood and accepted these terms and conditions and you will be bound by them and by any other requirements set out in any of the Promoter’s related promotional material.
Competitions are governed by English law and all and/or any matters or disputes relating to the Competition will be dealt with and/or resolved under English Law and the Courts of England shall have exclusive jurisdiction.
In the event that you participate in a Competition online via the Website, and by accepting these terms and conditions you hereby confirm that you are not breaching any laws in your country of residence regarding the legality of entering our Competitions. The Promoter will not be held responsible for any Entrant entering any of our Competitions unlawfully. If in any doubt you should immediately leave the Website and check with the relevant authorities in your country.
As part of the entering a Competition you may be asked to submit your name, address, email address and/or similar information. You agree that all information you provide to TWS for purposes of entering a competition will be true, accurate, current, and complete and your failure to provide such information shall constitute a breach of these terms and conditions and may result in the immediate termination of your Account. You shall (i) promptly update your Registration Information to keep it true, accurate, current, and complete.
In entering a competition, you shall not (a) select or use the email address or username of another person with the intent to impersonate that person, (b) use a name subject to the rights of any other person without authorization, (c) use an email address or username that is profane, offensive, or otherwise inappropriate or (d) enter on behalf of another party.
You agree to immediately notify TWS by sending an email to firstname.lastname@example.org of any known or suspected unauthorized use(s) of any known or suspected breach of security. You understand and agree that you shall be liable for all activities that occur under any entries, even if such activities were not committed by you. TWS is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your password.
TWS employees, directors, managers and their respective immediate family members (i.e., parents, spouses, domestic partners, siblings and children) or any other person residing in the same household as an TWS, employee, director or manager may not win the offered giveaways.
TWS will not be liable for any damages or loss resulting from the removal of any User Content from the Site. You may cancel your Account at any time by contacting email@example.com and cancellation will take effect once administration has processed. TWS reserves the right to temporarily or permanently restrict or block access to the Site to any users who have had their Accounts cancelled.
4. Use of Site and Service.
You agree that you will not, in connection with your use of the Site, or Service, violate any applicable law or regulation. Without limiting the foregoing, you agree not to (i) make available through the Site any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity); (ii) institute, assist, or become involved in any type of attack including, without limitation, denial of service attacks, upon the Site and/or the Service or otherwise attempt to disrupt the Site and/or the Service or any other person’s use of the Site and/or the Service; or (iii) attempt to gain unauthorized access to the Site, Service, Accounts registered to other users, or the computer systems or networks connected to the Site and/or the Service.
Furthermore, you may not use the Site to develop, generate, transmit or store information that: (a) is defamatory, harmful, abusive, obscene or hateful; (b) in any way obstructs or otherwise interferes with the normal performance of another person’s use of the Site and/or the Service, (c) performs any unsolicited commercial communication not permitted by applicable law; (d) constitutes harassment or a violation of privacy or threatens other people or groups of people; (e) is harmful to children in any manner; (f) violates any applicable law, regulation or ordinance; (g) makes any false, misleading or deceptive statement or representation regarding TWS and/or the Site or Service or (h) constitutes phishing, pharming or impersonates any other person, or steals or assumes any person’s identity (whether a real identity or online nickname or alias).
You agree that you will not (i) obtain or attempt to obtain any information from the Site including, without limitation, email information of other Account holders or other Software data; (ii) intercept, examine or otherwise observe any proprietary communications protocol used by the Site or Software, whether through the use of a network analyzer, packet sniffer or other device; (iii) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan-horse routing, trap door, time bomb or any other codes, instructions or third-party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble, the Site or Software.
All comments, feedback, suggestions, ideas, and other submissions that you disclose, submit or offer to us in connection with your use of the Site or Service, such as your suggestions regarding improvements that we make to the Site or Service (collectively, Comments) will become our exclusive property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide right, title and interest in all patent, copyright, trademark, and all other intellectual property and other rights whatsoever in and to the Comments and a waiver of any claim based on moral rights, unfair competition, breach of implied contract, breach of confidentiality, and any other legal theory relating to submissions. Thus, we will own exclusively all such right, title and interest and shall not be limited in any way in the use, commercial or otherwise, of any Comments. You should not submit any Comments to us if you do not wish to assign such rights to us. We are and will be under no obligation: (i) to maintain any Comments in confidence; (ii) to pay to you or any third party any compensation for any Comments; or (iii) to respond to any Comments. You are and shall remain solely responsible for the content of any Comments you make. By posting Comments or any other content, you warrant and represent that you own the rights to such or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute such Comments and content and grant us the right to do the same. You hereby irrevocably waive any claims based on moral rights and similar theories, if any.
Your User Content, and the contents of all of your Comments and other online communications (including without limitation chat text, voice communications, IP addresses and your personal information) may be accessed and monitored as necessary to provide the Service and may be disclosed: (i) when we have a good faith belief that we are required to disclose the information in response to legal process (for example, a court order, search warrant or subpoena); (ii) to satisfy any applicable laws or regulations (iii) where we believe that the Site or Service is being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and credit card theft reduction; (iv) when we have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person or the public generally; and (v) in order to protect the rights or property of TWS, including to enforce these terms and conditions. By entering into these terms and conditions, you hereby provide your irrevocable consent to such monitoring, access and disclosure.
When accessing the Site you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights.
You shall be solely responsible for any violations of any relevant laws and for any infringements of third-party rights caused by any content you provide or transmit, or that is provided or transmitted using your account. The burden of proving that any content does not violate any laws or third-party rights rests solely with you.
The Site and the Service are operated by TWS in Australia. Those who choose to access the Site, and/or the Service from locations outside of Australia can do so on their own initiative and are responsible for compliance with applicable local laws.
10. Third-Party Products, Services + Discounts from Our Partners.
Third party services, content, information, and products may be made available by TWS on or through the Site. Third Party Products, services and discounts are provided solely for the benefit of our paid members and TWS makes no representations or warranties regarding any Third-Party Products, services and discounts and takes no responsibility and assumes no liability for any Third-Party Products, services or discounts. Third Party Products, services and discounts are subject to the applicable terms and policies of the third parties that offer them.
Links from the Site. The Site may contain links to websites operated by other parties. TWS provides these links to other websites as a convenience and use of these sites is at your own risk. The linked sites are not under the control of TWS, and TWS is not responsible for the content available on the other sites. Such links do not imply TWS endorsement of information or material on any other site and TWS disclaims all liability with regard to your access to and use of such linked websites.
Links to the Site. You may not place a link to the Site on another website without our prior written consent and, without limiting the foregoing, you must adhere to TWS inking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with TWS and/or its licensors’ names and trademarks, (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with TWS (iii) when selected by a user, the link must display the Site on full-screen and not within a frame on the linking site, and (iv) TWS reserves the right to revoke its consent to the link at any time and in its sole discretion.
12. TWS Intellectual Property and Intellectual Property Infringement.
The interfaces, content, arrangement and layout of the Site TWS, but not limited to, the TWS trademark and logo, designs, text, artwork, graphics, images, buttons, user interfaces, information and other content, and any compilation of the foregoing (TWS Intellectual Property) are the property of The Watch Society, except where otherwise noted, and are protected from copying, imitation, communication, or simulation under Australian. and international laws and may not be reproduced, modified, communicated, displayed, distributed, or transmitted without the prior written permission of TWS.
You understand and acknowledge that, by visiting the Site, you do not acquire or obtain by implication or otherwise, any license or right to use or make additional copies of any materials or information displayed on the Site. You agree not to display or use any TWS Intellectual Property or third party content located on the Site in any manner not expressly permitted under these terms and conditions.