Privacy Policy

DATA PROCESSING & PRIVACY POLICY

Version: May 2018
This policy sets out the basis on which we collect and process your personal data through your use of our website, our digital applications (Apps), and/or signing up for newsletters, competitions and other marketing activities either in-store or online. We may update this policy from time to time to keep up with things. If we do, we’ll let you know and it will always remain in accordance with the law. It is to be read in conjunction with our terms of use, which are available here.

POLICY APPLICATION

This policy applies to transactions and users from Australia. As a global company, our branches in other nations have their own privacy policies that you can find at their respective websites.

WHO WE ARE

Ben Buckler Eyewear Pty Ltd (Ben Buckler is a beautiful place in Bondi where our founders were living when they created Bailey Nelson) is the entity responsible for your personal data (referred to as "we", “us” or “our” in this privacy policy). We also go by “Bailey Nelson” and use that term to refer to ourselves. Our postal address is above. If you have any questions about this privacy policy, the use of your personal information, or your dealings with our website or our Apps, you can contact us at privacy@baileynelson.com.au.

YOUR PERSONAL DATA

Information You Provide to Us

You are entitled to engage with Bailey Nelson anonymously or pseudonymously for some functions (for example, you can browse our stores and site), but to provide you with some services and to fulfil some purposes that are set out below, we will require identifying personal information.

You will provide some or all of the following information to us when you purchase goods from our website, register a customer account with us, use one of our Apps, contact us, or sign up for newsletters, undergo an eye health process (including without limitation an eye exam, refraction, retinal photography) or take part in other marketing activities, either in one of our shops or online:

  • Your Identity and Contact Details -includes your name, email address, home postal address, delivery address (if different), and your contact telephone numbers;
  • Your Payment Details - your bank details and payment card details, however your payment transactions will be encrypted by the acquiring bank so we will not retain any payment card details submitted by you;
  • Your Profile Data - if you register a customer account, this includes the profile you create to identify yourself when connecting to our website and Apps (including your username and password) and other data about purchases and your personal preferences; and
  • Additional Personal Details - At your option, you can also provide additional personal information to us such as your date of birth, gender, hobbies and interests. This additional information would only be collected and stored by us for the purpose of analysing sales to help us understand and improve our business and for the purpose of any direct marketing which you may have expressly given your consent to.
  • Insurance Information – We collect insurance information for the purposes of direct billing to insurers should you wish to us to claim on your behalf.
  • Medicare Information — We collect Medicare information to process Medicare claims on your behalf (also known as bulk billing) for eligible services that we’ve delivered.
  • Communications – We collect texts of communications between yourself and Us in the course our live chat service, social media profiles and email. These communications are monitored and stored for the protection of you and our staff and to highlight training opportunities or trends.

Please Note: It is important that the personal data we hold about you is accurate and up to date. Please keep us informed if your personal data changes during your relationship with us.

HEALTH DATA

Bailey Nelson takes the privacy of your health information really seriously. We have to collect several different pieces of health data in order to deliver our services to you (assuming you’re buying prescription glasses, contact lenses or getting an optical health service rather than just buying some stylin’ sunnies). Those pieces of health data may include:

  • Prescription information
  • Retinal imagery
  • Medical histories
  • Family health histories
  • Medicine regimes

This information is called “sensitive information”. That’s a legal term that means the info will only be used or disclosed for the purpose for which it was provided to us, or a directly related secondary purpose, unless you agree otherwise, or where certain other limited circumstances apply (for example, where required by law). For example, we would share the information with your ophthalmologist if one of our health practitioners found an anomaly with your eye and you asked for further examination.

Where we’re delivering health services, we may also have to collect your name, address and date of birth under national health regulations. This information is critical to ensure that we can contact you if necessary, verify your identity and deliver the best eye care.

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, we cannot dispense glasses to you without a prescription). In this case, we may have to cancel a product or service you have with us but we’ll let you know, and provide a refund if you’ve already paid for the product that we can’t deliver.

Information We Collect When You Use Our Website or Our Apps

As you interact with our website and Apps, we also automatically collect usage and technical data (described below) about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies.

Usage Data - includes details of products and services you have purchased from us, and information about how you use our website and our Apps;

Technical Data - includes:

  • your Internet protocol (IP) address, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website;
  • information about your visit, including the full Uniform Resource Locators (URL) to, through and from our website (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page, mobile applications traffic data, weblogs and other communication data;
  • if you use a mobile device to access our website or one of our Apps, the type of mobile device you use, a unique device identifier (for example, your device’s ID, MAC address of the device’s wireless network interface, or the mobile phone number used by the device), mobile network information, your mobile operating system, the type of mobile browser you use, time zone settings);

WHAT WE USE YOUR PERSONAL DATA FOR

Data protection law allows us to collect, use, store and transfer personal information if we have one or more of the following purposes for doing so:

  • To fulfill a contract with you; or
  • Where necessary to comply with a legal or regulatory obligation; or
  • Where necessary for our legitimate interests (or those of a third party) provided your interests and fundamental rights do not override these interests); or
  • For other reasons where you have expressly consented to those purposes such as exam recall or direct marketing.

Below are the ways we will use your personal data to fulfill your contract and/or for our legitimate interests:

  • Processing your order, including taking payment, supplying product and any after sales services such as cancellations and returns;
  • identity verification and credit checking;
  • maintaining and improving your eye health;
  • keeping you updated on the progress of your order, we will usually communicate with you about your order by email, but we or our couriers may also contact you by phone or sms service;
  • where you have registered with us, processing and administering your account;
  • processing information required for competition, promotion or survey entries by you;
  • allowing you to participate in interactive features of our service if you choose to do so;
  • analysing sales to help us understand and improve our business;
  • administration, analysis and assessment of our website and Apps and their performance, to understand and develop our business and for the improvement and optimisation of our website and any Apps; and
  • as part of our efforts to keep our website and our Apps safe and secure.

Direct Marketing 

We need your consent for direct marketing communications. If you have expressly given your consent to receive direct marketing from us, whether via our website, Apps or in store, we may use the information you have given us for:

  • delivering direct marketing, advertising and updates from us to you, such as telling you about forthcoming events, products, services and offers and updates and information about us;
  • measuring and understanding the effectiveness of advertising we serve to you and others; and
  • making suggestions and recommendations to you and other users of our website and our Apps about goods or services that may interest you or them.

At any time you can opt out of direct marketing or change your preferences. Simply click “unsubscribe” in the footer of any our direct marketing communications. If you are unable to do so for any reason or prefer to correspond with a real person, please contact privacy@baileynelson.com.au and we’ll help out.

Cookies:

 

A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer's hard drive. Cookies make it easier for you to log on to and use the site during future visits. They also allow us to monitor website traffic and to personalise the content of the Site for you. You may set up your computer to reject all or some cookies although, in that case, you may not be able to use certain features on the Site.

WHO WE SHARE YOUR PERSONAL DATA WITH

We may share your information within the Bailey Nelson group of companies and with our selected third parties for the purposes referred to above. For example, we may share it with:

  • Payment Acquiring Services to process your payment;
  • Delivery, Warehouse and Courier Companies to supply your order;
  • Lens Laboratories to create lenses just for you;
  • Credit Reference & Fraud Prevention Agencies for credit checking and identity verification;
  • Analytics and search engine providers that assist us in the improvement and optimisation of our website and Apps;
  • AfterPay, where you choose to use their payment service;
  • Other health practitioners whose services you have elected to engage;
  • Build and hosting service providers that help us to maintain the software that runs our website and our Apps. They provide us with reporting statistics, and serve cookies on our behalf to enable any website or Apps personalisation and sign-in functionality. 
  • Where you opted in to direct marketing, third party advertisers, affiliate marketing agencies and advertising networks engaged by us to select and serve relevant communications to you on our behalf.

We require all third parties engaged by us to respect the security of your personal data and to treat it in accordance with the law. Such third parties are only allowed to process your personal data in accordance with our instructions, and not for their own purposes. Where we share your information with an entity that is outside Australia, we ensure that they are bound by duties to protect your privacy that are at least as strong as those in Australia.

SECURITY OF YOUR PERSONAL DATA

Our website and Apps have appropriate security measures in place to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. All information you provide to us is stored on secure servers. We have also put in place procedures to deal with any suspected personal data breach and we’ll notify the relevant authorities if that happens (which it shouldn’t, but better safe than sorry).

Where you have chosen a password which enables you to access certain parts of our website, you are responsible for keeping this password confidential. We encourage you to choose an effective, secure password and not to share your password with anyone.

HOW LONG WE KEEP YOUR PERSONAL DATA

We’ll keep your data for as long as you are a customer and thereafter we may keep it for longer in order to respond to any questions or complaints and to maintain necessary records to satisfy legal, patient health, accounting or reporting requirements. We may also keep your data for research or statistical purposes.

YOUR RIGHTS

You have the right, subject to some regulated exceptions, to access your personal information and amend it if it is incorrect.

Your rights under data protection laws in relation to your personal data are briefly summarised below, and you can exercise these rights by emailing us at privacy@baileynelson.com.au or by writing to us at 165 Riley Street, Darlinghurst, NSW, 2010 or calling 02 9098 9322. We like to think we’re a modern company, so we prefer communications via email, but it’s up to you.

  • Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
  • Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
  • Withdraw consent at any time if we are relying on your consent to process your personal data (such as direct marketing). This won’t affect any processing already carried out before you withdraw your consent or processing under other grounds. If you withdraw your consent, be aware we may not be able to provide certain products or services to you.
    It is also important to note that we may have legal obligations to retain health data that may impact our ability to comply. If this is the case, we will inform you of the data that we have deleted and the data that we have retained.

In order to make sure that’s it’s really you who is requesting the personal information, we may need to verify you by using specific personal identifiers. That’s really important, because we don’t want anyone accessing info they shouldn’t be.

It’s totally free to access your data, and we try to respond to all requests within 30 days.

You have the right to make a complaint to the Office of the Australian Information Commissioner for data protection issues (www.oiac.gov.au). However, we’d really appreciate the chance to deal with any concerns you may have before you approach the Commissioner, so get in touch with us and we’ll do our very best to resolve any issue.