This Privacy Policy applies to each entity in the BWX Group of companies (BWX Group, we, us or our) when they collect personal information about you. The entities which comprise the BWX Group are set out at the end of this Privacy Policy. BWX Group is committed to maintaining the privacy of your personal information. We have developed this Privacy Policy to inform you of how we manage your personal information. By providing personal information to us, you are taken to have read this Privacy Policy, which applies to the collection, use, recording, organisation, consultation, disclosure, handling and destruction (processing) of your personal information.
1. How we collect your personal information
In this Privacy Policy, personal information means information or an opinion (whether true or not), in any form, about an identified individual, or an individual who is reasonably identifiable.
In general, BWX Group collects personal information about:
– users of our websites (including sukinnaturals.com.au, www.nourishedlife.com.au, www.floraandfauna.com.au. www.bwxltd.com, www.andalou.com.au, www.uspa.com.au, www.mineralfusion.com, www.100percentpure.com.au) (Websites) and our social media platforms which are managed by BWX Limited, BWX Digital Pty Ltd, The Good Collective Pty Ltd, BWX Brands UK Limited and BWX Brands USA, Inc.;
– customers who buy goods from us from our Websites;
– suppliers and contractors; and
– any person who applies to become an employee or contractor of BWX Group.
We aim to collect personal information only if it is reasonably necessary to providing the service, product or information you have requested from us.
In the course of providing you with products or services, we collect personal information in a variety of ways. Unless it is unreasonable or impracticable to do so, we collect your personal information from you directly. In some cases however, we will collect information about you from a third party. For example, we may collect personal information about you from third party service providers or agents assisting us to provide products or services to you.
We will take such steps as are reasonable in the circumstances to notify or make you aware of the collection and of any matters relevant to the collection, unless it is obvious from the circumstances that you would know or would expect us to have the information. BWX Group may collect personal information about you when you:
– make an enquiry with us by phone, email, social media or via our Websites;
– make a purchase from us;
– engage with us in the course of receiving from us or enquiring about our products and services;
– visit one of our Websites;
– interact with our social media platforms;
– subscribe to receive newsletters or information from us;
– apply as a candidate for a position of employment with us,
or otherwise interact with us in your capacity as a customer, supplier or contractor of BWX Group.
2. What personal information we collect about you
The kinds of personal information we collect and hold about you will depend on the product or service we provide to you or if the law requires us to collect it.
We may collect the following information about you:
– name;
– postal address, email address, telephone number and other contact details;
– financial information including credit card or bank account details that you provide to us when you make a purchase with us;
– details of the products you have purchased from us or the products you have enquired about, including any additional information necessary to deliver those products and respond to your enquiries; and
– details about you to assist in managing our relationship with you.
If you are a prospective employee, we may collect details about your employment history and other details about you to assist with the recruitment process. We may collect this information from you directly, or from a recruiter.
3. Information collected via our Websites
Cookies
Cookies are used on our Websites to collect information on how you use the sites. Most web browsers are set to accept cookies. When you visit our Websites, our servers along with Google Analytics and other third party programs track and record information that your browser sends. This data may include: your IP address, pages viewed, product viewed, referring sites, time spent on site, product purchase information and other statistics relating to browsing behaviours. Except as outlined below, this information does not identify you, and is only used for the purpose of aggregating and analysing information in order to improve our product offering and user experience, store what’s in your shopping basket and ensure our marketing is relevant. For certain sites, including www.sukinnaturals.com.au, www.nourishedlife.com.au, www.floraandfauna.com.au, www.andalou.com.au, www.uspa.com.au, www.mineralfusion.com and www.100percentpure.com.au, our servers along with Google Analytics and other third party programs track and record information that your browser sends. This data may include: your IP address, pages viewed, product viewed, referring sites, time spent on site, product purchase information and other statistics relating to browsing behaviors. Cookies are used to provide functionality and to recognise you across different services and devices. They enable us to identify you and personalise and enhance your experience.
If you do not wish to receive any cookies you may set your browser to refuse cookies. Please note; if you do not accept cookies, you may have difficulty using some site functions.
We may also use your personal information collected through our Website to provide you with targeted advertisements or marketing communications we believe may be of interest to you, provided that we have obtained your previous consent to do so.
Contests and Promotions: On occasion we may have contests and promotions that, in the event you wish to participate, will require you to supply personal information, such as your name and email address. We need this information to notify winners. In some cases, third parties will be involved in the contest or promotion and this information may be disclosed to them. If any such disclosure is made it will only be made in accordance with our Privacy Policy and any use by these third parties will be indicated within the terms of the contest or promotion.
Payment information: When you place an order with us online you will provide information such as your name, delivery address, and contact details. We use this information to identify and process your order. When a purchase is made through our Websites customer credit card details are collected at each order. This information is not stored by us in any format.
Secure online payment: There are a number of payment methods you can use when purchasing products from our Websites. Where you are directed to a third party website their privacy policy will govern the use of your information. The payment process through our website is protected by industry standard encryption.
Advertising: We do not disclose personal information about you to advertisers. Instead, advertisers may give us advertisements and tell us the kind of audience they wish to reach. We then take the advertisement and display it to users who are most likely to have an interest in the product or service.
4. Data controller(s)
The BWX Group entity which establishes the purposes of the processing and the means of the processing of the personal information is different depending on the country where the Website is located and is indicated below:
Australia: BWX Limited
United States of America: BWX Brands USA, Inc.
United Kingdom: BWX Brands UK Limited
For all other countries: BWX Limited
5. Purpose of the processing – Legal basis of the processing
We process your personal data for different purposes and in accordance with specific legal bases.
We collect your personal information primarily to:
(a) provide you with the products and information that you request from us;
(b) provide you with information about BWX Group’s products and services;
(c) fulfil any purchases you have made with us (including processing payment information, arranging shipping and communicate with you in relation to your purchases);
(d) engage in marketing including email marketing, calling you, promotional and educational activities, including informing you about products services or other matters we believe may be of interest to you; and
(e) otherwise manage our relationship with you.
Below you will find the legal bases which ground the processing of your data for each of the above mentioned purposes:
– letters (a) and (c): processing is necessary for the performance of a contract to which you and any of the BWK entities are parties;
– letter (b): processing is necessary in order to take steps, at your request, prior to entering into a contract between you and a BWX entity;
– letter (d): you have consented in advance that the concerned BWK entity may process your personal information for this specific purpose;
– letter (e): legitimate interest of the concerned BWK entity.
If you:
– are a supplier, we may also collect your personal information primarily to contact you for business purposes and manage our relationship with you or your organisation; or
– are an employee or officer of a corporate customer, retailer, contractor, agent or supplier to BWX Group, we may also collect your personal information primarily to contact you for business purposes and manage our relationship with you or your organisation.
The legal bases which ground the above mentioned processing are the need to take steps, at the request received from you on behalf of your organization, prior to entering into a contract with such an organization or to perform a contract to which the latter is party.
If it is reasonable to expect that we would use or disclose your personal information for purposes which are related to the above primary purposes, we may also use or disclose your personal information to:
– assist you with enquiries or complaints;
– develop and improve our client service and relationships;
– manage, research and monitor the way you use our products and services;
– promote, advertise and market any of our products and services, including to invite you to events or activities hosted by BWX Group;
– comply with our legal obligations (including to comply with any law or any lawful request of a law enforcement agency or government authority), resolve any disputes that we may have with any of our customers and enforce our agreements with third parties such as suppliers; or
– inform you of developments at BWX Group and other services that we can provide.
Direct Marketing
We may use your name, email address and information about your purchases, interactions and enquiries with us for direct marketing purposes. We will do so only upon your previous consent (“opt-in”), which is the legal basis of the processing. We will respect at any time your right to withdraw consent in relation to such kind of processing and decline to receive these marketing communications (“opt-out”).
6. Data provision and consequences in case of refusal
Your provision of personal information to us mandatory for the purpose of our contractual obligations arising from any contract entered into between you and us. If you do not provide us with this information, we may not be able to provide you with the products, services or information you have requested from us and carry out all the related legal and contractual obligations (such as tax obligations).
Your provision of personal information to us for the purpose of marketing is optional. If you choose not to provide us with your personal information, the relevant BWX entity will not process your personal information for such purpose, but that will not impact impact other processing of your personal information by us (if any) carried out by any of the BWX entities (for example, if we are delivering a product to you).
7. Sharing of your personal information – Data transfers – Data processors
For the purpose of achieving the above mentioned purposes, we may disclose your personal information to:
– external providers of services that we may use to operate our business and manage our business systems (for example, this may include database and mailing service providers (including email mailing service providers), marketing and e-commerce service providers, couriers and/or freight and transport service providers, printers, payment processing services, IT technicians who may need access when providing support (although it is our practice for them to work under supervision) and other professional service providers as required from time to time;
– if you are an employee of one of our corporate customers, retailers, contractors or suppliers, we may also disclose your personal information to your employer; and
– our professional advisors and agents.
We may disclose your personal information to these third parties so that they can assist us with providing the best possible service to you.
Those third parties will be permitted to access only the personal information they need to deliver the service to BWX Group or to you.
Each entity in the BWX Group may also disclose your personal information to other companies within the BWX Group (which are listed at the end of this document).
The BWX Group is a global group of companies, and we may disclose your personal information to recipients that are located in the United Kingdom, Canada, Australia and the United States and service partners that are located in these countries as well as Germany, Indonesia, Malaysia, China PRC, Taiwan, South Korea and Mexico. We may also disclose your personal information to other entities in the country within which you are located.
Some recipients of your personal information may therefore be based outside your country or may have offices in countries where data protection laws may provide for a level of protection different from that in force in your country. When we transfer personal information to such recipients, we will provide for adequate safeguards.
The privacy and collection practices of entities to which we disclose personal information are governed by their own privacy policies and collection notices.
We will not otherwise disclose information about you unless:
– the disclosure is required or authorised by law or imposed by an order of the Court, public authorities, police; or
– you have consented to our disclosing the information about you.
8. Quality of your personal information
BWX Group aims to ensure that your personal information is accurate, complete and up to date. To assist us in this, you need to provide true, accurate, current and complete information about yourself as requested and update the information with us if it changes.
If you believe that the information we hold is inaccurate or incomplete, please contact us and we will use all reasonable efforts to correct the information.
9. Securing your personal information
We take reasonable precautions to protect your personal information from misuse, interference and loss, as well as from unauthorised access, modification or disclosure. We use a number of physical, administrative, personnel and technical measures to protect your personal information.
10. Data retention
We will store your personal information in accordance with the data protection laws that apply to your personal information for the period necessary to achieve the purposes of the processing described above. Thereafter, we will delete your personal information in accordance with our data retention, deletion and destruction policies or we will take measures to destroy or permanently de-identify personal information, except where personal information must be kept for a longer period to allow us to comply with the law (e.g. as far as legal, tax, accounting fulfilments are concerned).
11. Changes to this Privacy Policy
BWX Group reserves the right to make amendments to this Privacy Policy at any time for any reason. We will publish any updated Privacy Policy on our Websites. You should periodically review this Privacy Policy to be informed of how your information is being handled.
12. Your rights as data subject
You have a right to request access to, the correction and deletion of, your personal information that we hold about you, including the limitation of the processing and the portability of your personal information, subject to exceptions allowed by law (for example, we need to exercise or defend legal rights before a Court). You may be required to put your request in writing for security reasons. If we refuse your request we will give you a written notice explaining our reasons for that refusal. Furthermore, you have the right to withdraw your consent at any time and object, for legitimate reasons, to the processing of your personal information. Withdrawal of consent does not have any effect on the lawfulness of the processing based on your consent before its withdrawal. You have also the right to address a complaint or a request to the competent authority in the matter of data protection. As a general rule, it is possible to contact such an authority depending on your place of habitual residence, or the registered office of the data controller. If you are located in Australia, the competent authority is the Office of the Australian Information Commissioner. Further information is available at www.oaic.gov.au.
If you don’t wish to receive our marketing communications any longer, you can unsubscribe by clicking on the link in the email that you have received.
The exercise of the above mentioned rights can be exercised by using our contact details indicated below and it is generally free. In case of manifestly abusive or excessive requests (because of their high number or their repetitive or systematic nature), if permitted by law, we may charge a reasonable fee or refuse to respond to your request.
13. Change in control of BWX Group
If we sell or otherwise transfer part or the whole of (or control of) BWX Group or our business (or any entity in the BWX Group group of companies) to another organisation (including in the course of a transaction like a sale, merger or acquisition or as part of a dissolution, liquidation, administration, receivership or other form of insolvency), you agree that your personal information that is collected by BWX Group may be disclosed to a third party, prospective buyer, transferee or insolvency practitioner and that this is reasonable to enable that party to continue or manage the business.
14. Complaints
If you have a complaint about our collection, use or disclosure of your personal information, or you wish to make a complaint about a breach of our privacy obligations, including under the APPs, please contact us at the details set out below.
In your complaint, please set out the details of your complaint and your contact details. Our Privacy Officer will contact you to acknowledge your request and ask for any other applicable information. Our Privacy Officer will then investigate the issue and advise you in writing of the outcome.
15. Contacting us
If you have any questions about this Privacy Policy or our privacy practices, would like to make a complaint or exercise any of your rights indicated above, please contact us by any of the following means.
Our contact details in respect of any issues in relation to privacy are:
In Australia:
Telephone +61 3 8785 6300
Email privacy@bwxltd.com
Post 2 Darby Way, Dandenong South, VIC 3175 Australia
In the US:
Email privacy@bwxltd.com
Post 1470 Cader Lane, Petaluma VA 94954
In the UK:
Email privacy@bwxltd.com
Post EMP House, Sapcote Road, Stoney Stanton, Leicestershire LE9 4DW
16. BWX Group
This Privacy Policy applies to:
– the following Australian entities, all of which may be contacted at the above address:
– BWX Limited;
– BWX Australia Pty Ltd;
– BWX Brands Pty Ltd;
– BWX Digital Pty Ltd;
– The Good Collective Pty Ltd;
– Beautiworx Pty Ltd;
– Sukin Australia Pty Ltd;
– USPA Corporation Pty Ltd;
– Renew Skincare Australia Pty Ltd; and
– Derma Skin Care Australia Pty Ltd;
– the following entities incorporated in the United States of America:
– BWX Brands USA, Inc;
– MFNB Holdings, Inc;
– Mineral Fusion Natural Brands LLC;
– Andalou Naturals;
– BWX Brands Canada, Inc (a Canadian entity);
– BWX Brands UK Limited (incorporated in the United Kingdom);
and each of their Related Bodies Corporate, as that term is defined in the Corporations Act 2001 (Cth) (together and separately (as appropriate), BWX Group, we, us, our).
Last revised: 8 October 2021
