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Contact Us About Us Privacy Policy
INTRODUCTION: THE YAK Limited and its subsidiaries (“THE YAK”) recognise that your personal information is important to you and that you are concerned with its collection, use and disclosure. THE YAK, like other companies operating in Australia, is bound by the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) which set clear standards regarding these activities.
This policy contains information about:
- • when you can deal with THE YAK anonymously;
- • the purposes for which THE YAK collects, holds, uses and discloses personal information;
- • the types of personal information that THE YAK collects;
- • how THE YAK collects and holds personal information;
- • how you may access the personal information that THE YAK holds about you, and how you may seek correction of that personal information; and
- • how you may complain about a breach of the Australian Privacy Principles by THE YAK and how THE YAK will deal with such a complaint.
When can you deal with THE YAK anonymously?
Generally, you can deal with THE YAK anonymously (i.e. without identifying yourself). In certain circumstances however, THE YAK will ask you to provide personal information because it is required by law or THE YAK’s policies to do so, or because it would be impracticable to deal with you anonymously. These circumstances include where you order goods online (including when you pick up such goods from our store, where you purchase an extended warranty on a product or accidental damage insurance, where you apply to purchase goods on finance, where you return goods for repair, where you purchase goods to be delivered or installed, collect goods from a The YAK warehouse or storeroom, where you enter one of our competitions, when you submit a request, enquiry, complaint, consumer guarantee or warranty claim, when you pre-order goods and when you purchase goods on lay-by.
Why does THE YAK collect, hold, use and disclose personal information?
THE YAK collects, holds, uses and discloses personal information for a number of purposes connected with our business operations, which include:
- • providing you with products and/or services requested;
- • dealing with requests, enquiries, complaints, consumer guarantee or warranty claims, and other customer care related activities;
- • marketing our products and services and providing advice on our products;
- • developing and improving our products and services;
- • in connection with our loyalty or reward programmes and competitions;
- • the operation and administration of accounts or subscriptions that you have with us;
- • payment processing;
- • carrying out certain checks (for example, for our fraud or theft prevention processes, if you wish to open an account with us, obtain credit from us, collect goods from a THE YAK warehouse or storeroom, or pick-up goods in-store that have been ordered online);
- • interacting with companies or organisations with whomTHE YAK has a business relationship (where you work for, or otherwise represent, such an organisation);
- • reconciling payments due to THE YAK from suppliers in relation to goods or services provided to you by those suppliers;
- • purposes relating to any third party acquisition or potential acquisition of an interest in THE YAK or its assets;
- • complying with our obligations under agreements with third parties (for example, under our authorised dealer arrangements with Telstra and our arrangements with consumer finance providers); and
- • carrying out any activity in connection with a legal, governmental or regulatory requirement that we have to comply with, or in connection with legal proceedings, crime or fraud prevention, detection or prosecution. In particular, THE YAK is required by law to collect personal information in certain circumstances, including:
- ◦ if you trade-in goods (under, depending on the State or Territory in which you are located, the Second-hand Dealers and Pawnbrokers Act 2003 (Qld), the Second-hand Dealers and Pawnbrokers Act 1996 (SA), the Second-hand Dealers and Pawnbrokers Act 1994 (Tas), the Second-Hand Dealers and Pawnbrokers Act 1989 (Vic), the Consumer Affairs and Fair Trading Act 1990 (NT) and related regulations); and We may also use and disclose your personal information for other purposes related to those described above which would be reasonably expected by you. Documents (including hard copy documents and electronic documents such as emails) which coincidentally contain personal information will also be retained in accordance with THE YAK’s normal document retention practices for accounting, legal and business purposes. Generally, you have no obligation to provide any personal information requested by us. However, if you choose not to do so where we require this information, we may not be able to provide you with the goods and services that you want.
What personal information does THE YAK collect?
The kinds of personal information we collect or which we may hold about you may include:
- • your name;
- • your address;
- • your date of birth;
- • your telephone number(s);
- • your e-mail address;
- • payment information;
- • transaction information;
- • your user name and password;
- • details about your earnings (if you are buying products using a finance plan);
- • information contained on identification documents (such as driving licences) and, in some specific cases, copies of such identification documents, where we require these to verify your identity;
- • information on how you use our products and services;
- • your Internet Protocol (“IP”) address, server address, domain name and information on your browsing activity when visiting one of our websites;
- • your user name for social networking sites that you use, to refer to, or in conjunction with, our goods and services and personal preferences regarding products and services; and CCTV images of you whilst you are in one of our stores.
How does THE YAK collect and hold your personal information?
We collect personal information in a number of ways including:
- • when you order goods or services from us (either online, in-store or over the telephone);
- • when you collect goods that you have ordered from us, including from a THE YAK warehouse or storeroom;
- • when you set up an account with us;
- • when you purchase certain products or extended warranties from us;
- • when you buy goods on lay-by or “duty-free” goods;
- • when you pay for goods by cheque;
- • when you subscribe to our catalogues or mailing lists or those of certain partners of ours such as Stack magazine;
- • when you subscribe to THE YAK subscription service;
- • when you sell second-hand goods to us or buy second-hand goods from us;
- • when you enter competitions or promotions that we run;
- • when you provide us your details for customer care purposes;
- • when you browse one of our websites (further information is set out later in this Privacy Policy);
- • when you submit an enquiry using one of our websites;
- • when you complete surveys or provide online feedback or product reviews; and
- • when you publicly comment about us on social media sites (for example so that we can answer questions about our products); and through the closed circuit video cameras located in our stores, when you visit one of our stores.
THE YAK holds personal information in a number of ways, including:
- • as part of customer records and other electronic documents on which personal information is contained which are stored on our information technology systems and servers operated by third parties who provide services to us in connection with our business; and
- • by securely storing hard copy documents on which personal information is contained, at our various premises and using third party document management and archiving services.
Sharing your personal information
THE YAK may disclose or receive personal information or documents about you, including to/from:
- • organisations that provide services to us in connection with our business, including customer support, payment processing, administration, archival, data storage, hosting, research, mail and delivery, installation, distribution, logistics, marketing, auditing, share registry, consulting, financial and legal advisory, banking, debt collection, security or technical services and the operation of THE YAK websites. In some cases these service providers may collect your personal information on our behalf;
- • if you return goods to THE YAK to be repaired, our repairs system administrator, the manufacturer of the goods and authorised repairers;
- • law enforcement agencies to assist in the prevention, investigation and prosecution of criminal activities;
- • parties involved in any third party acquisition or potential acquisition of an interest in THE YAK or its assets;
- • our insurers and insurance brokers;
- • if goods you purchase from THE YAK are subject to a product recall, the manufacturer or distributor of those goods; and
- • to other third parties where you have specifically consented to the disclosure of information to these third parties.
Security of your personal information
We will take reasonable steps to ensure that the personal information that we hold is stored in a secure environment protected from misuse, interference and loss and any unauthorised access, modification or disclosure. How to access, correct and update your personal information Upon your request, THE YAK will provide access to your personal information that we hold (except in certain circumstances set out in the Privacy Act 1988 (Cth)). THE YAK reserves the right to charge you an administration fee of $25 for providing access to your personal information and will, of course, require some proof of your identify before providing information to you. You may also request us to correct the personal information that THE YAK holds about you. If you do so and we are satisfied that, having regard to a purpose for which the information is held, the information is inaccurate, out-of-date, incomplete, irrelevant or misleading, THE YAK will take such steps as are reasonable in the circumstances to correct your personal information to ensure that, having regarding to the purpose for which it is held, the information is accurate, up-to-date, complete, relevant and not misleading. To request access to the personal information that THE YAK holds about you, or to update or correct that personal information, please send a written request to The Privacy Officer, THE YAK Limited, either by email to privacy@theyakcom.au. In addition:
- • if you are a subscriber to our marketing database you can also update your details via the “unsubscribe” option in one of the emails that you receive from us;
- • if you subscribe to one of our services you can also update your details via that service.
How to make a complaint
If you are concerned that the way THE YAK collects, holds, uses or discloses your personal information may be in breach of the Australian Privacy Principles, please send written details of your complaint to The Privacy Officer, THE YAK Pty Ltd, by email to privacy@THEYAK.com.au. How THE YAK will handle complaints After receiving a complaint, we will consider whether we need any further information from you to properly consider and investigate the complaint, and may request such information from you. We will then:
- • conduct internal discussions with the relevant business units involved in the collection, holding, use or disclosure of your personal information which is the subject of your complaint, and evaluate whether we believe that such collection, holding, use or disclosure of your personal information was in breach of the Australian Privacy Principles; and
- • notify you of the results of our investigation of your complaint.
Additional information for users of our websites
If you visit www.THEYAKi.com.au, THE YAK websites (the “Websites”) to read, browse or download information, our system may record information such as the date and time of your visit to the Website, the pages accessed and any information downloaded. This information is used (i) for statistical and reporting purposes; (ii) for website administration, security and maintenance purposes; and (iii) to direct you to material on our Websites that we believe will be of interest to you. Like many websites, our Website may use “cookies” from time to time. Cookies are small text files that we transfer to your computer’s hard drive through your web browser to enable our systems to recognise your browser and your log-in status. Cookies may also be used to record non-personal information such as the date, time or duration of your visit, or the pages accessed, for website administration, statistical and maintenance purposes. Any such information will be aggregated and not linked to particular individuals. The default settings of browsers like Internet Explorer usually allow cookies, but users can easily erase cookies from their hard-drive, block all cookies, or receive a warning before a cookie is stored. Please note that some parts of the Website may not function fully for users that disallow cookies. Our Website also uses tags, which are tiny bits of website code that allow us to measure traffic and visitor behaviour, and to understand the impact of online advertising, use remarketing and audience targeting. These tags do not collect any personally identifiable information. While we take great care to protect your personal information on our Website and use state-of-the-art data transmission encryption, unfortunately no data transmission over the Internet can be guaranteed to be 100% secure. Accordingly, we cannot ensure or warrant the security of any information that you send to us or receive from us online. This is particularly true for information you send to us via email. We have no way of protecting that information until it reaches us. Once we receive your transmission, we use our best efforts to ensure its security in our possession. The Websites may contain links/ plug-ins to other sites. We are not responsible for content of, or the privacy practices or policies of, those sites.
Exemptions
THE YAK sometimes handles personal information relying on exemptions under the Privacy Act 1988 (Cth), for example in relation to (i) employee records; (ii) related bodies corporate; (iii) provision of services to State or Territory authorities; and (iv) operations outside Australia relating to personal information of non-Australians. Any permitted handling of personal information under such exemptions will take priority over this Privacy Policy to the extent of any inconsistency.
Privacy Queries
If you have any queries or concerns, further information can be obtained by contacting our Privacy Officer by email privacy@jbhifi.com.au.
THE YAK PTY LTD Version 1- Date of Publication 11 April 2020
APPENDIX A – Further information for individuals who apply in-store or on THE YAK website for credit from a third party credit provider Background
As part of THE YAK’s arrangements with third party credit providers:
- • customers may apply in-store for credit provided by third party credit providers; and
- • THE YAK may assist in the processing of such applications.
- • full name;
- • date of birth;
- • sex;
- • current address (as shown on his or her driver’s licence);
- • employer; and
- • driver’s licence number.
- • the name of the third party credit provider;
- • the type of credit applied for;
- • the day on which the credit is applied for (and entered into);
- • the terms and conditions of the credit applied for (including in relation to repayment);
- • the maximum amount of credit available under the consumer credit applied for; and
- • the expiry date of the credit.
JB Hi-Fi will also collect (and hold) certain information contained in the application documentation completed by Third Party Credit Applicants about the credit applied for by Third Party Credit Applicants, including:
The information described in the preceding 2 paragraphs is collectively referred to as Application Documentation Information. Why does THE YAK collect, hold, use and disclose Application Documentation Information?
THE YAK collects, holds, uses and discloses Application Documentation Information for the purposes of:
- • submitting the application documentation completed by Third Party Credit Applicants to the relevant third party credit providers; and
- • administering its arrangements with those third party credit providers.
THE YAK is not likely to disclose Application Documentation Information to recipients who are not subject to Australian privacy laws. How to correct and update your Application Documentation Information You may also request us to correct the Application Documentation Information that THE YAK holds about you. If you do so and we are satisfied that, having regard to a purpose for which the information is held, the information is inaccurate, out-of-date, incomplete, irrelevant or misleading, THE YAK will take such steps as are reasonable in the circumstances to correct your Application Documentation Information to ensure that, having regarding to the purpose for which it is held, it is accurate, up-to-date, complete, relevant and not misleading. To request THE YAK to correct or update the Application Documentation Information that it holds about you, please send a written request to The Privacy Officer, THE YAK Pty Ltd, either by email to privacy@theyak.com.au. How to make a complaint If you are concerned that the way THE YAK collects, holds, uses or discloses your Application Documentation Information may be in breach of Division 3 of Part IIIA of the Privacy Act 1988 (Cth) or the registered Credit Reporting Privacy Code, please send written details of your complaint to The Privacy Officer, THE YAK Pty Ltd, either by email to privacy@jtheyak.com.au.
How THE YAK will handle complaints
After receiving a complaint, we will consider whether we need any further information from you to properly consider and investigate the complaint, and may request such information from you. We will then:
- • conduct internal discussions with the relevant business units involved in the collection, holding, use or disclosure of your Application Documentation Information which is the subject of your complaint, and evaluate whether we believe that such collection, holding, use or disclosure of your Application Documentation Information was in breach of Division 3 of Part IIIA of the Privacy Act 1988 (Cth) or the registered Credit Reporting Privacy Code; and
- • notify you of the results of our investigation of your complaint.