Last update: [12.07.2022]
STAX. Privacy Notice
1. Important information and who we are
1.1 Who is STAX?
This privacy notice describes how Stax. Pty Ltd ACN 622 114 952 and its related entities and brands including STAX. and SECONDLEFT (collectively referred to in this notice as STAX, we, us, our) may collect, hold, use, and process your Personal Information. The STAX group is made up of different legal entities around the world, and we may share your Personal Information with members in our corporate group as set out in this privacy notice.
It is important that you read this privacy notice together with any other privacy notice we may provide on specific occasions when we are collecting or processing Personal Information about you so that you are aware of how, when and why we are doing that. This privacy notice supplements our other notices and is not intended to override them.
1.2 Contact details
Our details are:
Company name and Australian company number: Stax. Pty Ltd ACN 622 114 952
Email address: privacy@stax.com.au
Postal address: STAX. Unit 4/1801 Botany Rd Banksmeadow, New South Wales 2019
1.3 Changes to the privacy notice
This privacy notice was last updated on the date shown at the top of it and you can request copies of past versions of our privacy notices by contacting us]
1.4 Keeping us informed of changes to your Personal Information
It is important that the Personal Information we hold about you is accurate and current. Please keep us informed if your Personal Information changes during your relationship with us.
1.5 Third-party links
Our websites may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share Personal Information about you. We do not control these third-party websites and are not responsible for their privacy statements or management. When you leave our websites, we encourage you to read the privacy notice of every other website you visit.
2. Personal Information we collect about you
2.1 Information we collect
Personal Information, or personal data, means any information about an individual from which that person can be identified. It does not include Personal Information where the identity of the individual has been removed (anonymous data) so that they can no longer be identifiable.
We may collect, use, process, hold and disclose different kinds of personal information about you which may include the following categories:
(a) Identity Information includes your first name, last name, username or similar identifier, date of birth, or gender.
(b) Contact Information includes your billing address, delivery address, email address , or telephone numbers.
(c) Financial Information includes your bank account, payment card details and third-party online payment service details.
(d) Transaction Information includes details about payments to and from you, your use of a gift card or discount code, and other details of products and services you have purchased from us and others such as payment processors.
(e) Customer service information includes any reviews, feedback you provide, complaints, refunds or returns (including the reason for the refund or return).
(f) Interaction Information including the content of communications you have with us including by email, chat functions, text message, phone calls or social media.
(g) Technical Information includes internet protocol (IP) address, Wi-Fi information, login data, browser type and version, time zone setting and location, browser plug-in types and versions, connection information (for example, mobile operator name or internet service provider, browser type, language and time zone, and mobile phone number), operating system, advertisements that have been served to you and platform and other technology on the devices you use to access this website.
(h) Log Information includes log files that record data each time a device accesses our servers or our third-party service providers’ servers and those log files contain data about the nature of each access, including originating IP addresses. We may also access metadata and other data associated with user-generated content.
(i) Profile Information includes your username and password, purchases or orders made by you, purchase history, wish list, customer rewards, account settings, interests, preferences, comments, reviews, ratings, user-generated content, and any details of a social media account (according to your social media account settings) linked to your STAX account or profile with other platforms.
(j) Usage Information includes information about how you use our website, products or services.
(k) Marketing and Communications Information includes your preferences in receiving marketing from us and our third parties, or your communication preferences, or subscription and unsubscribe requests.
(l) Survey and Promotional Information includes responses and user-generated content in connection with participation in surveys, competitions, or promotions.
(m) Social media information includes your interactions with us over social media including with our profiles, promotions or sponsored content.
(n) Audio and visual information including CCTV video footage of you when you enter our stores, pops or other premises or call recordings when you speak with our customer service representatives or other personnel acting on our behalf.
(o) Inferences which we make about your preferences or other matters from the Personal Information we hold about you.
(p) Job application information including your covering letter, CV, resume, work history (including medical or legal claims, credit and renumeration), or references.
We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your Personal Information but is not considered Personal Information under Australian law where this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your Personal Information so that it can directly or indirectly identify you, we treat the combined data as Personal Information which will be used in accordance with this privacy notice.
2.2 If you fail to provide Personal Information
If you fail to provide us with your Personal Information when requested, we may not be able to perform the contract we have or are trying to enter with you (for example, to provide you with goods or services, or assess you as an employee or prospective employee). In this case, we may have to cancel a product or service, contract or assessment you have with us, but we will inform you if this is the case at the time.
3. How is your personal information collected?
We use different methods to collect Personal Information from and about you including through:
(a) Directly from you. You may give us your Personal Information by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes Personal Information you provide when you:
(i) purchase our products, services, or gift cards;
(ii) order a product on pre-sale;
(iii) return a product or request a refund;
(iv) create or use an account on our website;
(v) subscribe to our service or publications;
(vi) communicate with us in person or by email, phone, social media or through our website;
(vii) visit our stores;
(viii) request marketing to be sent to you;
(ix) enter a competition, promotion or survey;
(x) register for or attend our events;
(xi) give us feedback or post a comment, like, review, or rating on our website;
(xii) apply for a role with us or commence employment with us; or
(xiii) contact us in respect of any commercial relationship with us as a supplier or service provider to us.
(b) From other companies in our company group and our related brands. Personal Information collected by one company in our company group is shared with our other group companies.
(c) From social media. When you follow us or interact with us or our advertisements on social media or other platforms such as Instagram, Facebook, TikTok, LinkedIn, or YouTube.
(d) Automated technologies or interactions. As you interact with our or third partywebsites, we may automatically collect Technical Information about your equipment, browsing actions and patterns. We, or third parties acting on our behalf, collect this Personal Information by using cookies, server logs and other similar technologies. We may also receive Technical Information about you if you visit other websites employing our cookies or when they are providing their advertising technology services.
(e) Third parties or publicly available sources. We may receive Personal Information about you from various third parties and public sources as set out below:
(i) Technical Data from the following parties:
(A) analytics providers such as Google, Klaviyo, SMSBump & Hotjar;
(B) advertising networks such as Meta, Tik Tok, Snap, Pinterest, Google & Microsoft;
(C) search information providers such as Google;
(ii) Providers of technical and third-party payment services such as Shop Pay, Afterpay, PayPal, Apple Pay, ZIP, Sezzle, LayBuy, Google Pay and Klarna.
3.2 Children’s information.
We do not knowingly collect Personal Information relating to children. If you are a minor, then do not provide your Personal Information without your parent or guardian consenting to it being provided.
4. How we use your Personal Information
4.1 When we will use your Personal Information
We intend to only use your Personal Information when the applicable law allows us to. Most commonly, we will use your Personal Information in the following circumstances:
(a) Where we need to perform the contract we are about to enter into or have entered into with you.
(b) Where it is reasonably necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
(c) Where we need to comply with a legal or regulatory obligation.
Generally, we do not rely on consent as a legal basis for processing your Personal Information other than in relation to sending third party direct marketing messages to you via email or text message.
You have the right to withdraw consent to receive electronic or direct marketing messages at any time by contacting us.
4.2 Purposes for which we will use your Personal Information
We have set out in the table below a description of why we typically use your Personal Information and the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
We may collect, use, process, hold and disclose your Personal Information for more than one lawful ground depending on the specific purpose for which we are using your information. Contact us if you need details about the specific legal ground we are relying on to process your Personal Information where more than one ground is set out in the table below.
|
Purpose/Activity
|
Type of information (as defined in section 2.1 above)
|
Lawful basis for processing including basis of legitimate interest
|
|
To register you as a new customer and to create or manage your account
|
(a) Identity
(b) Contact
(c) Customer Service
|
(a) Performance of a contract with you
(b) Necessary for our legitimate interests (maintaining customer accounts)
|
|
To process and deliver your order including:
(a) Manage payments, fees and charges
(b) Arrange delivery of products to you
(c) Collect and recover money owed to us or you
|
(a) Identity
(b) Contact
(c) Financial
(d) Transaction
|
(a) Performance of a contract with you
(b) Necessary for our legitimate interests (such as to recover debts due to us or you)
|
|
To manage our relationship with you which will include:
(a) Notifying you about changes to any of our terms or privacy notice
(b) Provide you with order confirmation, order status updates and returns information
(c) To provide support with your use of the website and respond to user inquiries
|
(a) Identity
(b) Contact
(c) Profile
|
(a) Performance of a contract with you
(b) Necessary to comply with a legal obligation
(c) Necessary for our legitimate interests (to keep our records updated, to study how customers use our products/services and provide customer support)
|
|
Manage surveys, competitions and promotions you may enter
|
(a) Identity
(b) Contact
(c) Profile
(d) Usage
(e) Marketing and Communications
|
(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)
|
|
To administer and protect our business and websites (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)
|
(a) Identity
(b) Contact
(c) Technical
|
(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)
(b) Necessary to comply with a legal obligation
|
|
To operate our website
(a) Record your wish list items and the contents of your shopping cart and send you notification and reminders
|
(a) Identity
(b) Contact
(c) Profile
(e) Marketing and Communications
|
(a) Necessary for our legitimate interests (supporting use of our website)
|
|
To deliver relevant website content and advertisements to you (including when you browse other websites) and measure or understand the effectiveness of the advertising we serve to you
|
(a) Identity
(b) Contact
(c) Profile
(d) Usage
(e) Marketing and Communications
(f) Technical
|
(a) Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)
|
|
To facilitate offers to you by our affiliate network
(a) Match your purchases to links from affiliates who might have introduced you to us or promoted a particular product when you visited their site.
|
(a) Identity
(b) Contact
(c) Profile
(d) Usage
(e) Marketing and Communications
(f) Technical
|
(a) Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)
|
|
For marketing and advertising, including to send marketing and advertising communications about any of our brands or affiliates (where we express or inferred consent from you to do so)
|
(a) Identity
(b) Contact
(c) Profile
(d) Usage
(e) Marketing and Communications
(f) Survey and Promotional
|
(a) Necessary for our legitimate interests (to promote our products, services, and brands)
|
|
To create and use data analytics to improve our website, products/services, marketing, social media engagement, customer relationships and experiences
|
(a) Technical
(b) Usage
|
(a) Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)
|
|
To make suggestions and recommendations to you about goods or services that may be of interest to you
|
(a) Identity
(b) Contact
(c) Technical
(d) Usage
(e) Profile
|
(a) Necessary for our legitimate interests (to develop our products/services and grow our business)
|
|
To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by us about our users is among the assets transferred or liquidated.
|
(a) Identity
(b) Contact
(c) Financial
(d) Transaction
(c) Technical
(d) Usage
(e) Profile
(f) Marketing and communications
(g) Survey and Promotional
|
(a) Necessary to comply with a legal obligation
(b) Necessary for our legitimate interests (seek investment, grow or manage our business)
|
|
To identify who our customers are, including both identification and authentication purposes, to carry out our obligations and enforce our rights arising from any contracts entered into between us and our customers (including for billing and collection) and to respond to legal requests or prevent fraud.
If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond
|
(a) Identity
(b) Contact
(c) Financial
(d) Transaction
|
(a) Necessary to comply with a legal obligation
|
|
For any other purpose stated when collecting your Personal Information, or as otherwise required to comply with our legal obligations.
|
(a) Identity
(b) Contact
(c) Financial
(d) Transaction
(c) Technical
(d) Usage
(e) Profile
(f) Marketing and Communications
(g) Survey and Promotional
|
(a) Necessary for our legitimate interests
(b) Necessary to comply with a legal obligation
|
4.3 Promotional offers from us
We may use your Personal Information to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).
You may receive marketing messages from all our related companies and brands if you have requested information from us or purchased goods or services from one of them or if you provided us with your details when you entered a competition or registered for a promotion with one of them and, in each case, you have not opted out of receiving that marketing.
Third-party marketing
Each STAX group company that collects your Personal Information shares that information with its other companies in the STAX group of companies so we can send promotional offers to you as described above.
4.4 Opting out
You can ask us to stop sending you marketing messages by logging into the website and checking or unchecking relevant boxes related to your own account with us to adjust your marketing preferences or by following the opt-out links on any electronic marketing message sent to you or by contacting us at any time.
Where you opt out of receiving these marketing messages, you may still receive messages from us which are required to provide you our products and services such as for a product/service purchase, warranty registration, product/service experience or other transactions.
We will continue to hold your Personal Information for the purpose of recording and complying with your consent requests.
4.5 Cookies
You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of our websites or others’ may become inaccessible or not function properly.
4.6 Change of purpose
We will only use your Personal Information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
If we need to use your Personal Information for an unrelated purpose, we will inform you if required by applicable law and explain the legal basis which allows us to do so.
We may process your Personal Information without your knowledge or consent, in compliance with the above, where this is required or permitted by applicable law.
5. Disclosures of your Personal Information
We may share your Personal Information with the parties set out below for the purposes set out in paragraph 4 above.
(a) SECONDLEFT;
(b) other members of the STAX group of companies;
(c) affiliates who we work with to promote our products and brand including through providing affiliate links and discount codes to you to make purchases;
(d) service providers who process Personal Information for us such as providers of warehousing, order packers, shipping, delivery, returns, data processing, billing, analytic, hosting, customer support, online and offline marketing, advertising, internal research, IT and system administration, call centres and customer support, and online and offline fraud prevention and security services to us;
(e) payment processors;
(f) professional advisers including lawyers, bankers, accountants, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services;
(g) social media providers (if you use a social media account to log an account you hold with us)
(h) regulators and other authorities based in Australia and the United States of America who require reporting of processing activities in certain circumstances;
(i) legal bodies or enforcement agencies as required by applicable law, such as to comply with any court order, subpoena or other law or legal process, when we believe that disclosure is necessary to protect our rights, protect the safety of other people, investigate fraud, or respond to a governmental or regulatory request;
(j) debt collectors to enforce our rights arising from any contracts entered into between us and our customers and for billing and collection, or refunds, processing, or fraud investigation; and
(k) third parties to whom we may choose to sell, transfer, or merge parts of our business or any of our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use Personal Information in the same way as set out in this Privacy Policy.
Where required under applicable law, we include in our agreements with third parties the requirement that the third parties will respect the security of your Personal Information and processit in accordance with applicable law.
6. International transfers
We transfer your information outside the country where you live.
We are an Australian headquartered company group and we transfer the Personal Information of people who are residents of other countries to Australia. We have other offices around the world who also hold your Personal Information.
Our external third-party service providers are based around the world so their processing of Personal Information will involve a transfer of information outside of the country where your live. Your Personal Information may be transferred and accessed by our other group companies and third parties in the United States of America and Singapore.
7. Information security
We have put in place security measures designed to prevent your Personal Information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed.
We have put in place procedures aimed to deal with any suspected Personal Information breach and will inform you and any applicable regulator of a breach where we are legally required to do so.
8. Information retention
We will only retain your Personal Information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements, or as required under applicable law.
Under applicable law we may have to keep basic information about our transactions with customers (including Contact, Identity, Financial and Transaction Data) for at least seven years after a transaction is completed. However, we may keep your Personal Information for longer where we still need it for the purpose it was collected for.
In some circumstances we may anonymise your Personal Information (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
9. Your legal rights
9.1 Your rights in relation to your Personal Information
9.2 Australian residents
If you are an individual who is ordinarily resident Australia, under certain circumstances, you will have the following rights under applicable data protection legislation including the Privacy Act 1988 (Cth) in relation to your Personal Information. These are the right to:
- Request access to Personal Information
- Request correction of Personal Information
- Right to withdraw consent to receive electronic or direct marketing
More information about these rights is provided in the definitions section below.
If you, as an individual, wish to exercise any of your rights, please contact us.
9.3 United States residents
9.4 UK/EU/EEA residents
If you are an individual who is ordinarily resident in the UK, EU or EEA, under certain circumstances, you will have the following individual legal rights under applicable data protection legislation in relation to your Personal Information. These are the right to:
(a) Request access to your Personal Information
(b) Request correction of your Personal Information
(c) Request erasure of your Personal Information
(d) Object to processing of your Personal Information
(e) Request restriction of processing your Personal Information
(f) Request transfer of your Personal Information
(g) Right to withdraw consent
If you wish to exercise any of the rights set out above, please contact us.
9.5 No fee usually required
You will not have to pay a fee to us to access your Personal Information (or to exercise any of your other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances, where applicable law allows us to do so.
9.6 What we may need from you
We may need to request specific information from you to help us confirm your identity and your right to access your Personal Information (or to exercise any of your other rights). This is a security measure aimed to ensure that Personal Information is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
9.7 Time limit to respond
We aim to respond to all legitimate requests within one month after receiving them. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will inform you and keep you updated.
9.8 Contacting your privacy regulator
You have the right to make a complaint at any time to your local privacy regulator which may include the regulators listed in the table below. We would, however, appreciate the chance to deal with your concerns before you approach a privacy regulator so please contact us in the first instance.
10. Additional information for residents of the United States
If you are a resident of California, you have the rights outlined in this section, and in accordance with the California Consumer Privacy Act (CCPA) and California Consumer Privacy Rights Act (CPRA). California law requires that we provide certain disclosures, including a description of legal rights, to those who reside in the state of California. If you are a California resident and a STAX customer, this section applies in addition to all other applicable rights and information contained in this privacy notice.
11. Definitions
11.1 Personal Information
Personal Information is information or an opinion about an identified individual, or an individual who is reasonably identifiable.
11.2 Lawful basis
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your Personal Information for our legitimate interests. We do not use your Personal Information for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us
Performance of Contract means processing your information where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
Comply with a legal or regulatory obligation means processing your personal information where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
11.3 Your legal rights
You have the right to:
Request access to your Personal Information (also known as a "data subject access request"). This enables you to receive a copy of the Personal Information we hold about you and to check that we are lawfully processing it.
Request correction of the Personal Information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected, though we may need to verify the accuracy of the new information you provide to us.
Request erasure of your Personal Information. This enables you to ask us to delete or remove Personal Information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your Personal Information where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your Personal Information to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your Personal Information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your Personal Information for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your Personal Information. This enables you to ask us to suspend the processing of your Personal Information in the following scenarios:
(a) if you want us to establish the accuracy of the information;
(b) where our use of the information is unlawful but you do not want us to erase it;
(c) where you need us to hold the information even if we no longer require it as you need it to establish, exercise or defend legal claims; or
(d) you have objected to our use of your information but we need to verify whether we have overriding legitimate grounds to use it.
Request the transfer of your Personal Information to you or to a third party. We will provide to you, or a third party you have chosen, your Personal Information in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent at any time where we are relying on consent to process your Personal Information. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
$AUD
Currency