Privacy & Cookie Policy

1. Why do we have a privacy policy?

It is important for Ben Sherman to protect your personal privacy. Therefore, we strive to always protect your personal data in the best possible way and comply with applicable data protection rules. Through this privacy policy, we would like to inform you about how your personal data is processed by Ben Sherman and our Affiliates.

Ben Sherman Australia respects the privacy of its Customers and is committed to the protection of personal information in accordance with the Privacy Act 1998 (Cth), the Privacy Act 2020 (NZ), and the general law intended to protect your privacy, as amended from time to time.

2. Who is responsible for your personal data?

Salco Group Pty Ltd, as Licensee in Australia and New Zealand for Ben Sherman ABN 42 004 320 898 (also referred to as "we", "us", and "our"), at 31-35 Mace Way Tullamarine 3043, is responsible for the processing of your personal data (controller or Ben Sherman). Ben Sherman shares your personal data with other companies of the Marquee Global group, which may act as separate or joint controllers or as processors of Ben Sherman, as described below.

3. Personal data we process about you

3.1 Personal data that you have provided to us or that we have collected from you

You will provide us with some information about yourself when creating a Ben Sherman account, purchasing items via bensherman.com.au/.co.nz, and when interacting with us in any other way (e.g., via customer service). You may also provide us with information for other reasons.

Examples of such information include:

  • Name
  • Age
  • Gender
  • Contact information (e.g., email address, phone number, and address)
  • Physical attributes (e.g., size)
  • Product feedback and comments (including unstructured comments/information, chat/mail, email, and recordings of call sessions)
  • Payment information (e.g., bank account details)

We also collect your information when you interact with our official website or make purchases with us.

Ben Sherman processes information such as:

  • Technical data (e.g., IP address, language settings, geographical information)
  • Transaction and purchase information (e.g., order number and item details)
  • Purchase and user-generated data/e-commerce activities (e.g., clicked and viewed items)
  • Preferences and behavior

3.2 Personal data we have collected from third parties

To maintain a good customer relationship, Ben Sherman regularly collects personal data from other sources (so-called third parties). The information we collect from third parties includes:

  • Addresses from public records to ensure accurate address details
  • Credit rating data from credit rating agencies or banks

4. Cookie Information

A cookie is a small text file sent from a website and stored locally on the visitor's hard drive. Ben Sherman uses cookies to enhance your customer experience and provide you with relevant information and offers. Cookies also inform us if you’ve visited the site before and which pages you’ve visited.

Read more under our Cookie Policy.

In your browser, you can choose to receive a message whenever a website sends a cookie to your computer, enabling you to accept or reject it. You can also choose not to receive any cookies at all. Please refer to your browser’s help menu for guidance on adjusting your settings.

5. Purpose and legal basis for processing your personal data

5.1 Purpose of processing your personal data

We process your personal information for various reasons. Ben Sherman processes your personal information to:

  • Administer your purchase, including:
  • Deliver a personalized experience (profiling), including:
  • Improve our communication, products, and services, including:
  • Manage and administrate your information, including:
  • Administrate events, including:
  • Manage and administrate your membership (if applicable), including:

We may also place cookies on your device to facilitate retargeting advertising with providers such as Facebook or Instagram. This is further explained in our Cookies Policy.

5.2 Legal basis for processing your personal data

  • Performance of Contract: Processing is necessary to fulfill the purchase agreement with you or provide agreed-upon services.
  • Legitimate Interest: Processing for business purposes, such as sending personalized offers or analyzing purchase history.
  • Law Compliance: Processing may be necessary to comply with legal obligations.
  • Consent: Processing based on consent, such as for direct marketing purposes.

6. Who can access your personal data?

Your personal data may be shared with the following:

  • Suppliers of IT systems: Companies that provide technical solutions and platforms for Ben Sherman Australia & New Zealand.
  • Collaborating Partners: For members, personal data may be shared with partners to deliver exclusive benefits.

7. For how long is your personal data retained?

We retain your personal data only as long as necessary to fulfill the purposes for which it was collected or to satisfy legal, accounting, or regulatory requirements. For example, by law, we retain basic customer information for six years for tax purposes.

8. Data Security

While the internet is not a secure medium, we have implemented security measures to protect your personal data from unauthorized access, use, or disclosure. In the event of a data breach, we will notify you and relevant authorities as required by law.

9. Your Rights

You have the following rights under data protection laws:

  • Access: Request information about the personal data we process about you.
  • Rectification: Correct inaccurate or incomplete data.
  • Erasure: Request deletion of your data under certain conditions.
  • Restriction: Request restriction of data processing in specific scenarios.
  • Objection: Object to data processing for purposes such as direct marketing.
  • Portability: Obtain your data in a structured, machine-readable format.
  • Withdrawal: Revoke your consent for data processing.

Requests may require identity verification. We aim to respond to all legitimate requests within one month.

10. Changes to this Policy

  • Policy Updates: We reserve the right to amend this Privacy Policy. Updates will be posted on our website and will be effective immediately upon posting.
  • Change of Purpose: We will only use your data for its original purpose unless otherwise notified.

11. Complaints

If you have concerns about our data processing, please contact us at customerservice@salco.com.au. You may also lodge complaints with the Office of the Australian Information Commissioner at 1300 363 992 or www.oaic.gov.au.

12. Contact Information

For any inquiries, please contact us via email at customerservice@salco.com.au

This Privacy Policy is effective as of January 2024.