INTRODUCTION

CrossFit Norsemen Pty Ltd is the sole importer and distributor of Kill Cliff® brands of beverages and related products in Australia.

In this Privacy Notice [this “Notice”], we refer to CrossFit Norsemen as “Norsemen”, “we”, “us” or “Kill Cliff Australia”.

This Notice covers how and why we collect, use, and disclose information that identifies or can be used to identify you [sometimes referred to as “Personal Data” or “Personal Information” under applicable privacy and data security laws, and hereinafter, “Personal Data”] when you access or use the Norsemen owned websites or mobile applications (which may have additional Terms of Use), other products, brands or services that link to this Notice (collectively, the “Services”) or when you otherwise interact with us. If you do not agree with the content of this Notice, please do not use our websites or otherwise interact with our company, services, brands or products.

What Data Do We Collect?

When you use our Services, we may collect or receive Personal Data about you to provide our services and operate our business. Personal Data may include your name, age, gender, photo, general background information, location/hometown, email address, mailing address, phone number, credit card information, biometric data, fitness level and fitness goals, activities, and interests.

We collect Personal Data in the following ways:

Information You Provide Us Directly:

  • When you visit and interact with our Services including submitting a posting to any of our forums, message boards, review areas, chats, messaging services, profile pages, social networking sites or other areas of the websites;
  • When you voluntarily provide information to us when registering for our Services directly or through a social networking site;
  • When you enter purchase information, place orders, make exchanges or returns, or when you request information about products and services offered through the Services;
  • When you register for our loyalty or wholesale program;
  • When you contact ourselves by telephone;
  • When you enter a contest or sweepstakes, respond to a survey or questionnaire or subscribe to a newsletter;
  • When you provide us with comments or suggestions;
  • When you use social networking sites in connection with or to interact with the Services;
  • When you attend our events or events we sponsor or participate in our field marketing activations or other activities; or
  • When you serve as talent (e.g., a model or social media influencer) in our advertising campaigns.

Information Collected Automatically:

We may also receive and store certain information about you and your device(s) automatically when you access or use our Services. This information may include:

  • Transactional Information: When you make a purchase or return, we collect information about the transaction, such as product details, purchase price, and date and location of the transaction.
  • Usage and Log Information: We collect information related to your access to and use of the Services, including the type of browser you use, app version, access times, pages viewed, your IP address, and the page you visited before navigating to our Services.
  • Device Information: We collect information about the computer or mobile device you use to access our Services, including the hardware model, operating system and version, unique device identifiers, and mobile network information.
  • Preferences: We collect information about your preferences to make your use of the Services more productive through the use of cookies.
  • Information Collected by Cookies and Similar Tracking Technologies: We [and our service providers] use different technologies to collect information, including cookies and pixel tags when you access the Services, whether as a registered user [“User”] or a non-registered user, to automatically record information such as your Internet Protocol (IP) address, browser type and language, Internet service provider, referring and exit websites and applications, operating system, date/time stamp, and clickstream data [“Log Data”]. For more information on our collection of your personal data using cookies, please review our Cookies Notice.

Information Collected from Other Sources

We also may collect or receive Personal Data from third parties such as service providers, vendors, contractors, and partners as described in Section IV of this Notice.

WHY DO WE COLLECT PERSONAL DATA?

Norsemen collects Personal Data for the following business or commercial purposes:

  • Account registration. We create your User account for your use of the Services based upon the Personal Data you provide. If you decide to create a User account on our Services by logging into a social networking site, you are using the Personal Data you have already provided to the social networking site (such as your name, email address, and other information you make publicly available via the social networking site) to create your User account on our Services. The information we collect may depend on the privacy settings you have with the social networking site, so please consult the social networking site’s terms of use and privacy policy.
  • Communications. We use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you with an “opt-in” “opt-out” mechanism.
  • Order Fulfilment. We use your Personal Data to assist us in fulfilling orders you place with us, such as making shipping arrangements and contacting you about back orders, returns or exchanges. If you use a credit or debit card for any purchase, we will collect and retain the necessary information about such card that you submit [through our merchant or third party processors who keep the credit or debit card information confidential] to complete that purchase, as well as keep a history of your purchases. We use the collected information to process your purchases and to better assist you when you contact us.
  • Operation, maintenance, and improvement of our websites, products, and services. We use your personal data to aid us in the operation and maintenance of our Services. We also use such information to help us improve our Services and the products and services we offer to you in order to better serve you and our other customers. For example:
    • We use Log Data to monitor and analyse use of our Services and our Services’ technical administration, to increase our Services’ functionality and user-friendliness, and to better tailor our Services and marketing or promotional materials to our visitors’ needs. For example, some of this information is collected so that when you visit our Services again, it will recognise you and the information could then be used to provide advertisements and other information appropriate to your interests. We also use this information to verify that visitors to our Services meet the criteria required to process their requests.
    • We may combine your Personal Data with certain non-identifying information (e.g., age and individual preferences) that you provide as part of your registration on our Services [“Non-Identifying Information”] and aggregate it with information collected from other users of the Services to attempt to provide you with a better experience, to improve the quality and value of our Services and to analyse and understand how our Services are used. We may also use the combined information without aggregating it to serve you specifically, for instance to deliver a product to you according to your preferences or restrictions.
  • Contests. We use your Personal Data to administer contests, sweepstakes, and promotions that you enter.
  • Loyalty or Wholesale program. If you elect to join our loyalty program, we use your Personal Data to administer our programs.
  • Customer service. We use your Personal Data to:
    • personalise your experience and deliver the type of content and product offerings in which you are most interested;
    • better service you when responding to your customer service requests and questions;
    • send periodic emails regarding your order or other products and services; and
    • follow up with you after correspondence [live chat, email or phone inquiries].
  • Contracts. We use your Personal Data to carry out our obligations and enforce our rights arising from any contracts entered into between Kill Cliff Australia and you [or your employer], including for billing and collection.
  • Miscellaneous. We use your Personal Data in other ways as required or permitted by law or with your consent.

We will not collect additional categories of Personal Data or use the Personal Data we collected for materially different, unrelated, or incompatible purposes without first providing you with notice.

HOW DO WE COLLECT DATA?

We may share or disclose your Personal Data for a business purpose with the following third parties:

  • Vendors: We engage vendors, third parties, service providers, contractors, and partners to:
    • facilitate the operation of our websites including operating our websites on our behalf, performing website-related services [e.g. maintenance services, database management, web analytics, and improvement of our websites’ features], and/or assisting us in analysing how our websites are used;
    • facilitate and deliver the various forms of communication described in this Notice and/or track, personalise, and deliver marketing or other promotional materials;
    • fulfil purchase orders including making shipping arrangements, contacting consumers about back orders, returns or exchanges, processing payments, and/or assisting with billing and collection;
    • administer our sweepstakes, contests, and other promotions;
    • administer our loyalty and or wholesale program; and
    • provide customer service support.
  • Data Analysts and Aggregators: We may share aggregated information that does not include Personal Data, and we may otherwise disclose Non-Identifying Information such as general [non-specific] geographic location, device/browser technology, onsite behaviour, population data, user segmentation, survey results, and Log Data, with third parties for data analysis, demographic profiling, and other purposes. Any aggregated information shared in this manner will not contain your Personal Data. Non-Identifying Information is considered a part of your Personal Data only if combined with other identifiers [e.g. combining your post code with your street address] in a way that enables you to be personally identified or contacted. The same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other Non-Identifying Information [e.g. your viewing preferences].
  • Social Networking Sites: We allow users to link their social media accounts to our Services, and may allow linking to accounts of future social networking sites as they are developed. Users can then post their recent activity on our Services to their social media accounts. You will be prompted to decide whether or not your activity on our Services will be shared and disclosed on your social media account. Unless the social networking site has received your Personal Data independently of our Services, these social networking sites will only have access to your Personal Data [not including credit or debit card information] for the purpose of making the link to your User account.
  • Other Website Users: When you register through our Services and submit your Personal Data to create a User profile, other users of the Services will see your name. If you choose to provide additional Personal Data in your profile, other users of the Services will see such additional Personal Data including your photo, location, website, and biography. Providing additional Personal Data is voluntary and should correlate with the degree of interaction you want to have with other users of the Services. We recommend that you refrain from disclosing any information you consider sensitive and/or confidential.
  • Government and Law Enforcement: Norsemen cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We can disclose any information about you to government or law enforcement officials or private parties as we believe necessary or appropriate to respond to claims and legal process including subpoenas and litigation, and to protect the safety, property, and rights of Norsemen or other parties or to prevent or stop activity we may consider to be illegal, unethical or legally problematic.
  • Related Businesses: Norsemen may disclose Personal Data to our subsidiaries and/or affiliates. We may also sell, divest, transfer, assign, share or otherwise engage in a transaction that involves some or all of our assets, including any or all of the information described in this Notice, in the course of a corporate divestiture, merger, acquisition, joint venture, bankruptcy, dissolution, reorganization or any other similar transaction or proceeding.
  • Miscellaneous: In addition to the above, Norsemen may disclose Personal Data to third parties to fulfil the purpose for which you provide it, for any other legitimate business or commercial purpose disclosed by us when you provide the information, or with your consent [where appropriate].

PROTECTING YOUR PERSONAL DATA.

Where we have given you [or where you have chosen] a password for access to certain parts of our Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone, and Norsemen will never ask you for your password, credit card information or Personal Data in any unsolicited communication such as phone calls or emails. We urge you to be careful about giving out information in public areas of our Services or using unsecured public WiFi when accessing your User account.

TRANSFER TO OTHER COUNTRY.

Norsemen may share your Personal Data as described in this Notice, which means that your information may be transferred to, and maintained on, computers or with third parties located outside of your state, province, country or other governmental jurisdiction. Your Personal Data may therefore be subject to privacy laws of other jurisdictions. If you are located outside Australia and choose to provide information to us, Norsemen may transfer your Personal Data to Australia and process it there.

However, we have taken appropriate safeguards to ensure that your Personal Data will remain protected in accordance with this Notice. These safeguards include implementing the Standard Contractual Clauses for transfers of Personal Data between our group companies, which require all group companies to protect Personal Data they process in accordance with Australian data protection law. Our Standard Contractual Clauses can be provided on request.

DATA RETENTION AND DELETION.

Norsemen keeps your Personal Data for varying amounts of time depending on the type of Personal Data collected, and where we have an ongoing legitimate business need to do so, including customer services, processing product orders, making data-driven business decisions, maintaining appropriate business and financial records, complying with our legal and regulatory obligations, and resolving disputes. We keep some of your Personal Data for as long as you are a Norsemen customer. For example, we keep your order history, payment information, account information [including personal goals and product preferences], email address(es), and shipping and billing addresses. If you request, we may delete your Personal Data so that it no longer identifies you, unless we are legally allowed or required to maintain certain Personal Data, including situations such as (i) an unresolved issue related to your User account, (ii) tax, audit, and accounting obligations, (iii) an unresolved claim, dispute, allegation or litigation, and (iv) mandatory data retention laws in the applicable jurisdiction including regulatory obligations to preserve data relevant to an investigation.

HOW TO ACCESS AND CONTROL YOUR PERSONAL DATA.

Email Communications. If you decide at any time that you no longer wish to receive email communications from us, please follow the unsubscribe instructions provided in any of the communications or update your “preferences” in your User account settings.

Cookies. We do not sell your Personal Data for money but we offer cookies and other tracking technologies, which may in some cases constitute the sale of your Personal Data under some legislation. To opt-out of the sale of your Personal Data, please send us an email identifying us to not sell your personal information. This will cause information to cease to be added to any cookies or other tracking technologies that have been set on our Services or block them entirely. Please note that you will need to opt out again if you visit one of our Services from a different device or browser or if you clear your cookies.

Additionally, you can choose to turn off all cookies through your browser settings. Since each browser is a little different, look at your browser’s Help Menu to learn the correct way to modify your cookies preferences. Please note that if you turn cookies off, some features of our Services will be disabled and you may not be able to use all portions of our Services or all functionality of our Services.

Changing or Deleting Personal Data in Your User Account. Any User may access, review, update, correct or delete the Personal Data in their User account by editing their profile via our Services. If you completely delete all of your Personal Data, then your User account may be deactivated. If you delete your User account and any other contributions from our Services, copies of your records may remain viewable in cached and archived pages, or might have been copied or stored by other users of our Services. We may retain an archived copy of your records as required by law or for legitimate business purposes.

OTHER IMPORTANT PRIVACY INFORMATION.

Children. Our websites are not directed towards children [persons under the age of 18 or under adulthood in their relevant jurisdiction], and we will not knowingly collect or sell Personal Data from children without affirmative authorisation. If you are a child, do not use or provide any information on any of our Services, or on or through any of its features, make any purchases through our Services, use any of the interactive or public comment features of our Services or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use. If we learn we have collected, received or sold Personal Data from a child without verification of parental consent, we will delete that information. If you believe we may have any information from or about a child, please contact us at info@killcliff.com.au .

LINKS.

We may have advertisements or other content that link to third party websites which have their own terms of use and privacy policies. If you decide to visit those websites, understand that you are leaving our websites and those third parties may place their own cookies or other files on your computer and collect, use or share your Personal Data according to their separate policies and practices. Please read those third parties’ privacy policies to determine how they collect and process your Personal Data. While we have no responsibility or liability for the content and activities of these linked websites, we are interested in protecting the integrity of our Services and welcome any feedback about those linked websites.

CHANGES TO THIS NOTICE.

It is our practice to post any changes we make to this Notice on this page. If we make material changes to how we treat your Personal Data, we will notify you through a notice on the Services. The date this Notice was last updated is identified at the top of the page. You are responsible for ensuring we have an up-to-date, active, and deliverable e-mail address for you, and for periodically visiting our Services and reviewing this Notice to check for any changes. By accessing or using our Services, you agree to this Notice. Your continued use of our Services after we make any changes to this Notice is deemed to be acceptance of those changes.

HOW TO CONTACT US?

If you have a privacy concern, complaint, suggestion or question for Norsemen, or if you wish to exercise your rights related to your Personal Data, please contact us at info@killcliff.com.au