At Lack of Color it is important to us that we manage your personal information securely and consistently with relevant legislation, including the Privacy Act 1988 (Cth) (‘Privacy Act’) as well as the Credit Reporting Privacy Code (where applicable). This Policy outlines how BLACK MONTANA PTY LTD ACN 166 972 587 trading as Lack of Color and related companies (“we / us”) collect, disclose, use, store or otherwise handle personal information. This Policy explains:
- The kinds of personal information (including credit-related information) we collect, and the purposes for which we do that;
- How we manage the personal information that we collect about you;
- you can seek access to and correction of that information;
- If necessary, how you can make a complaint relating to our handling of that information.
This Policy is not limited to current customers but to all individuals who deal with us.
1. Lack of Color is an Australian registered company selling products, mainly hats and accessories. Our products are available online to individuals, retail and wholesale customers.
2. WHAT WE DO
1. We sell hats and other accessories online to Australian and international customers. We also enter into wholesale arrangements across the world.
2. Examples of our current services where we might collect personal or sensitive information include: (a) Through accessing and using out website; (b) Creating an account with us online; (c) Processing your order and request/s for products and/or services; (d) Considering your eligibility for our products and/or services; (e) If you enter into any one of our contests; (f) If you connect with us via a social network, this includes but not limited to the following: (i) Facebook; (ii) Instagram; and (iii) Pinterest; (g) When you complete a customer survey or send us feedback; (h) During conversations between you and our representatives; (i) Administering your account including requests and the provision of products and/or services; (j) Providing reports on your product and/or services activities as requested by you; (k) Delivering products and/or services to you via the post where our employees and/or a Service Provider will need to know at a minimum your name and address in order to deliver the services and products; and (l) Letting you know of special offers or discounts from us or our partner organisations that are available to you.
3. WHY WE COLLECT AND USE PERSONAL INFORMATION
2. We only use your personal and sensitive information for purposes which are directly related to the reason you provided us with your information in the first place and where you would reasonably expect us to use your information. This may include sharing your personal or sensitive information with Service Providers. 3.3 We may share your information with government or regulatory bodies (such as the Australian Tax Office and ASIC) as required or authorised by law. These agencies may also share this information with organisations or agencies outside Australia.
4. HOW WE COLLECT INFORMATION
1. Whenever possible, we will collect personal information directly from you unless unreasonable or impractical for us to do so. Lack of Color may also collect personal information in a variety of ways, including but not limited to when you: (a) use our website; (b) connect with us via social network; (c) phone us; (d) write to us; (e) email us; (f) visit us in person ; (g) through the use of our services; (h) provide feedback to us; and (i) purchase or use our products and/or services.
2. There are certain instances in which we will collect information about you from third parties where it is unreasonable or impracticable to collect it directly from you. For example, we may collect information about you from a business which provides information about commercial credit worthiness for the purpose of assessing your application.
5. DISCLOSURE OF PERSONAL INFORMATION
1. Disclosure of personal information to third partiesWe will not disclose your personal information to another person unless you have given consent or if one of the exceptions under the Privacy Act applies. Where possible, the information that could reasonably identify you as an individual is first removed.
2. ExceptionsExcept as set out above, Lack of Color will not disclose your information to a third party unless one or more of the following applies: (a) you have given your consent for us to do so; (b) you would reasonably expect us to use or give that information for another purpose related to the purpose for which it was collected (or in the case of sensitive information – directly related to the purpose for which it was collected); (c) it is otherwise required or authorised by law; (d) it will prevent or lessen a serious threat to somebody’s life, health or safety or to public health or safety (e) it is reasonably necessary for us to take appropriate action in relation to suspected unlawful activity, or misconduct of a serious nature that relates to our functions or activities; (f) it is reasonably necessary for the enforcement of a law conducted by an enforcement body.
6. DISCLOSURE OF INFORMATION TO THIRD PARTIES OVERSEAS
1. We may disclose personal information to overseas based organisations or agencies in the provision and/or administration of your account. We undertake to protect your personal information by ensuring the country of the overseas based organisation or agency has similar protections in relation to privacy, or that we enter into contractual arrangements with the organisation or agency to ensure the protection of your privacy.
7. CAN I REMAIN ANONYMOUS?
1. It is your choice to provide information to us. Wherever it is lawful and practicable, you have the option not to identify yourself or to use a fictional name when interacting with us. You can remain anonymous when using some parts of our website, or sites administered by us.
2. It may be necessary for us to collect your personal or sensitive information if you would like certain products or services. If you choose to withhold the information we require, we may not be able to provide you the products or services you have requested.
8. SECURITY AND STORAGE OF YOUR INFORMATION
1. We store your information in a number of ways including physically (such as in paper form) or electronically with third party data storage providers. Your privacy and the security of your information is very important to us so where we store your information with third party providers, we will enter into contractual arrangements with those providers to ensure they take appropriate measures to protect your information.
3. Our website may contain links to external websites. We recommend that you review the privacy policies of those external websites as we are not responsible for their privacy practices.
9. HOW TO ACCESS AND CORRECT YOUR INFORMATION
1. We will take reasonable steps to ensure that all personal information we collect, use or disclose is accurate, up-to-date, complete, relevant, and not misleading.
2. We will correct any personal information that we believe to be incorrect, out-of-date, incomplete, irrelevant or misleading. This may include taking reasonable steps to notify any organisation or government agency to which information was disclosed about the correction. You may request to access or correct your personal information at any time by contacting the Privacy Officer using the contact details below. We will give you access to your information unless one of the exceptions under the Privacy Act applies. For example, if providing access would be unlawful or denying access is authorised by law.
3. If you request to access or correct your information, we will respond within a reasonable time (usually within 30 days). If your request is refused, we will give you a written notice that sets out the reasons for refusal and how to complain about the decision.
10. DIRECT COMMUNICATIONS AND PROMOTIONAL MATERIALS
1. From time to time, we may send out promotional materials and information from government departments or other third parties.
2. If you do not wish to receive these communications, please contact us to unsubscribe from that mailing list.
3. Your information may also be used by us to provide you with details of other organisation’s services where permitted by the Privacy Act or where you have consented to the use or disclosure of your personal information for direct communications and promotional materials.
4. It is our policy that any direct communications or promotional material will include a statement advising that you can request to not receive further material from us by contacting us using the details provided. Please note that if you choose this option this will also prevent you receiving offers of discounts and notices of upcoming sales as well as all promotional and informational materials.
1. The Lack of Color website and sites administered by us use software known as ‘cookies’ to record your visit to the website and collect some statistical information. We use this information to help administer and improve our websites. We do not use this information to personally identify you. Information we may collect includes: (a) your computer’s IP address; (b) your domain name; (c) the date and time or access to the website; (d) pages accessed and documents downloaded; (e) the previous site visited; (f) if you have visited the website before; and (g) the type of browser software in use.
2. You may set your browser to disable cookies when visiting our websites. However, some website functions may be unavailable if you choose to do so.
12. CREDIT REPORTING
We are governed by the Australian Privacy Principles (‘APPs’) under the Privacy Act 1988 (‘the Privacy Act’). In our interactions with you, we also comply with Credit Reporting Privacy Code requirements. These set out the way organisations and government agencies can collect and use, disclose and provide access to personal and sensitive information. (a)Personal informationis information that identifies or could identify a person, whether it is true or not. It may include, for example, your name, age, gender, contact details, bank account details and financial information. b)Sensitive informationas defined by the Privacy Act (as amended) is also personal information but relates to your opinions, views, racial or ethnic origin, political options or affiliations, religious beliefs, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual preferences or practices or criminal record or health, genetic, biometric information or biometric templates. (c)Credit Informationas defined in the Privacy Act is personal information about an individual (other than sensitive information) relating primarily to your credit-related dealings which can be disclosed to Credit Reporting Bodies (‘CRBs’) that report on consumer credit worthiness and includes: i. identification information about the individual; or ii. consumer credit liability information about the individual; or iii. repayment history information about the individual; or iv. a statement that an information request has been made in relation to the individual by a credit provider, mortgage insurer or trade insurer; or v. the type of consumer credit or commercial credit, and the amount of credit, sought in an application: a. that has been made by the individual to a credit provider; and b. in connection with which the provider has made an information request in relation to the individual; or vi. default information about the individual; or vii. payment information about the individual; or viii. new arrangement information about the individual; or ix. court proceedings information about the individual; or x. personal insolvency information about the individual; or xi. publicly available information about the individual: a. that relates to the individual’s activities in Australia or the external Territories and the individual’s credit worthiness; and b. that is not court proceedings information about the individual or information about the individual that is entered or recorded on the National Personal Insolvency Index; or xii. the opinion of a credit provider that the individual has committed, in circumstances specified by the provider, a serious credit infringement in relation to consumer credit provided by the provider to the individual. (d)Credit EligibilityInformation provided to us by CRBs, so it may also include information about your credit related dealings with other credit providers. CEI also includes any credit worthiness information that we derive from the data from a credit reporting body, for example credit ratings, scores and evaluations about you and your credit worthiness.
14. COMPLAINTS AND ENQUIRIES
2. 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.
15. CONTACTING US
Phone: 0419 745 856
By Post: Attn: Privacy Officer Lack of Color 37 Central Drive, Burleigh Heads, QLD, 4220, Australia
BLACK FRIDAY 2021 SALE ORDERS
Terms and conditions for using our website
- The terms and conditions set out below are to be applied to the use of this website. By using this website, you agree to be bound by these terms and conditions. If you do not agree to be bound by these terms and conditions, you may not use this website.
- In these terms and conditions, the expressions “we”, “us” and “our” are a reference to ‘Lack of Color’.
- Please note, all items purchased during the Black Friday / Cyber Monday Sale are not eligible for exchange or return as they are sale items and are considered final sale. If you are approved for an exchange, Lack of Color will only be able to credit you for the amount paid at time of checkout to put towards an alternative size / style.
Terms of sale
- By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
- We will communicate acceptance of your offer after we receive confirmation of your payment being processed. We will send you an acknowledgement e-mail confirming acceptance of your order.
- Please note, we cannot make changes, adjustments or cancellations to orders once they have been submitted to our distribution portal. This usually happens within 2 hours of your order being placed. Please email firstname.lastname@example.org to discuss further.
- Returns Information: If for any reason, you are not happy with your order, Lack of Color is happy to offer a credit note for items purchased, providing that the product is in original condition with tags attached. Please be mindful when choosing your LOC hat as we do not offer refunds for change of mind, however, we will happily discuss the details of your return with you further via email at email@example.com.
- All prices stated on the international website are in United States Dollars (USD).
- If you are purchasing from overseas, we will bill any credit card in US dollars and your card company will convert the charges for you.
- To make a purchase from our website, you must be 18 years of age or over, or have obtained the consent of your parent or guardian if you are under 18 years of age.
- All purchases must be for personal use only. For wholesale enquiries please contact firstname.lastname@example.org for further information.
- Please note, all purchases on sale items are final. We do not accept returns or exchanges of any kind, on sale items under any circumstances.
- Please note, a discount code is only valid for a single transaction, and may not be used in conjunction with any other discounts. Only one discount or coupon code can be used per order.
- Any refunds that are granted will be issued for the full purchase price of the hat/product only, less shipping, as this cost has already been expended when shipping the original order out to you (unless deemed faulty).
- Pursuant to the Electronic Transactions (Queensland) Act 2001 (Qld), the parties consent to this Contract being provided to each other by electronic communication.
- Please note, we have a processing time of 1-3 business days for all orders. If you have placed your order during a sale period, this timing may be exceeded. Please trust that we always do our best to get your orders out to you as soon as possible.
- We cannot guarantee delivery times, however, you should receive your delivery within 2-14 working days. This timing may be exceeded during peak or sale times. Timing may also depend on your own arrangements for mail delivery times with your local postal service. We thank-you for your patience.
- We ship worldwide and to all international destinations. International delivery times vary between 2 -14 business days depending on your location.
- Orders to countries such as the United States, New Zealand and United Kingdom take approximately 3-6 business days. If you would like a shipping time estimate for your purchase, and you are outside of the regular destination countries, please refer to our SHIPPING tab for accurate estimates and the local carrier your parcel will cross over to once entering the destination country.
- International parcels are sent via the FedEx International Economy. Refer to our SHIPPING tab for more information on shipping times and prices.
- USA customers have the option to select Standard Ground or Express Delivery services. Parcels on either service can be sent with FedEx or UPS.
- Shipping rates and delivery charges are displayed on our SHIPPING. Shipping rates and delivery times vary depending on your location and the items in your order. We also offer Free Shipping for orders over $300+ USD.
- If you have not received your ordered items within the allocated timeframe, please email us (email@example.com) with your full name and order number and we will investigate on your behalf. Lack of Color is not responsible for any delays caused by customs. Sometimes the shipping time exceeds the estimate due to factors outside of our control.
- If you would like more information on the carrier of your parcel once it has reached the destination country, please email customer care (firstname.lastname@example.org). We are more than happy to help!
- You agree that you are responsible for any duty, taxes, and custom requirements or other like taxes, fees, levies, costs or expenses associated with importing products you purchase from us and shipping them internationally.
- We will use reasonable efforts to deliver your order as soon as commercially practicable. The delivery of your order to the carrier is deemed to be a delivery of the products to you.
- The products covered by each contract (i.e. accepted order) are at your risk upon delivery of the order to the carrier.
- Unless otherwise provided in a contract with you, ownership of the products you purchase covered by the contract shall vest in, or be transferred to you at the time your order and payment is submitted on our website and we communicate acceptance.
- We accept Credit Card, PayPal, Afterpay payments and Shop Pay Installments (for orders shipping to US addresses).
- Anyone that makes a purchase or registers to be on our database will need to enter their personal information such as their name, email address and date of birth. This information will be stored and may be used by Lack of Color to send you information about relevant products, latest developments and forthcoming events.
Security of information
- Cookies are used to collect data relating to your general internet usage and customise your experience on our website. This data includes IP addresses, browser versions, number of visits and other data relating to your navigation of the internet and our site. Cookies do not collect sensitive information like financial information or passwords. We hold personal information in our own secure databases and to some extent for marketing purposes in the databases of third parties engaged by us (subject to obligations regarding privacy and confidentiality) to conduct electronic direct marketing subject to all legislative requirements. User ID tracking for AdWords is also setup which allows better understanding of repeat customers.
You can refuse to accept cookies by activating settings on your internet browser however this can affect your overall browsing experience.
- This website and its content are provided ‘as is’ and except to the extent required by law, without any warranties of any kind, whether express or implied, including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement, to the fullest extent permitted by law. The information on the website is for general information purposes only.
- We do not represent or warrant that the information and/or facilities contained in the website are: (a) accurate, complete or current, or (b) that the website will be uninterrupted or error free, or (c) that any defects in the website will be corrected or (d) that the website or the server that makes the website available are free of viruses or any other harmful components.
- Except to the extent required by law, we do not make any warranties or representations regarding the use of the materials in the website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise, in each case to the fullest extent permitted by applicable law.
- We reserve the right to suspend or withdraw the whole or any part of the website at any time without notice and without incurring any liability.
- This website may from time to time contain links to other websites or information provided by third parties. We make no warranties or representations about the accuracy or suitability of the information or links provided on this website, including information provided by third parties. You use the information and links at your own risk. We have no control over their individual content and make no representations or warranties as to any of the information appearing in relation to any linked websites. We do not recommend any products or services advertised on those websites. If you decide to access any third party website linked from our website, you do so at your own risk.
- You waive all rights to bring or assert any claim against us, our agents, employees, or any related party, and hereby permanently and irrevocably release us from any and all liability for or relating to the use of our website.
Limitation of liability
- Your use of our website is at your own risk.
- Where conditions and warranties implied by applicable law cannot be excluded, we limit our liability where and to the extent we are entitled to do so. The limit of our liability will be the amount paid out by our insurers under any appropriate insurance policy we hold. In any event, neither we, nor any of our affiliates, officers or directors nor any of our agents or any other party involved in creating, producing or delivering the website will be liable for any direct, indirect, special, consequential or other damages that result from the use of, or the inability to use, the materials on the website, including but not limited to losses or damages caused by viruses or any incorrectness or incompleteness of the information on the website, or the performance of the products, even if we have been advised of the possibility of any such damages.
- You must ensure that your access to this website is not illegal or prohibited by laws which apply to you.
- You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any linked website.
- You must not misuse our system or this website. Specifically, you must not hack into, circumvent security or otherwise disrupt the operation of our website. Furthermore, you must not undertake any activity which will place an unreasonable burden on our systems.
- You agree to indemnify us and our respective officers, employees and agents against all actions, claims and demands which may be instituted against us arising out of your failure to comply with these terms and conditions.
- All intellectual property, including, copyright, trademarks and designs featured or displayed on the website are owned by us. Except as may be otherwise indicated in specific areas within the website, you are authorised to view, play, print and download documents, audio and video found on the website for personal, informational, and non-commercial purposes only. Except as permitted by applicable copyright laws, you may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the website.
- Lack of Color is a registered trademark owned by Black Montana Pty Ltd and must not be used or reproduced without our prior written consent.
- Unless we agree otherwise in writing, you are provided with access to this website only for your personal use. You are authorised to print a copy of any information contained on this website for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on sell information, materials, content, audio and photographs obtained from this website.
Variation of Terms
- These terms and conditions are governed by the laws in force in Queensland and the Commonwealth of Australia.
- Complaints 1. We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise. If you have any complaints or comments regarding Lack of Color or this website, please contact email@example.com.