O5 BILL, LLC/WWW.BILLABONG.COM (“COMPANY”)
UNITED STATES PRIVACY POLICY
1. SERVICES COVERED BY THIS PRIVACY POLICY
(“Company” or “we” or “our” “us”) share our user’s (collectively “you” “yours” and “users”) concerns about the privacy of personal information. Accordingly, this Privacy Policy (“Privacy Policy”) applies to any website, mobile or other application, feature, widget or other online service that is owned or controlled by Company, its subsidiaries and/or affiliated companies that post a link to this Privacy Policy (“Sites”), as well as to any email, text, SMS, chat, push notifications and/or other electronic communications (“Communications”) (Sites and Communications are collectively, the "Services"). This Privacy Policy is subject to our Terms of Use, and by accessing or using the Services, you acknowledge and agree to the terms of our Privacy Policy and Terms of Use in effect at the time of your visit.
Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with this policy, do not access or use our Services or interact with any other aspect of our business. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of our Services after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.
2. INFORMATION WE COLLECT
We collect information from you and about you in order to provide you with the products you request, to improve and personalize our interactions with you, including through the Services, and to more effectively market our products. The information we collect includes personal information or personal data as each term is defined under applicable laws (“Personal Information”). Personal Information includes information that identifies you as a specific, identified individual, such as your name, address, phone and email. We will also treat additional information, including IP addresses and cookie identifiers, as Personal Information where required by applicable law.
3. HOW WE COLLECT INFORMATION
We collect the following categories of data through our Services, which may contain Personal Information. You are not required to provide any Personal Information to us but if you do not provide certain Personal Information to us, you may not be able to use our Services and we may not be able to authenticate or assist you with your inquiries or requests.
Information You Provide To Us
We may collect Personal Information from you when you:
- Place an order for a product through one of our Services;
- Register for an account, create wish lists, or sign up for catalogs, email alerts, or text messages;
- Respond to surveys, submit reviews, enter contests or drawings, or register for and participate in loyalty programs;
- Contact customer service or interact with a chatbot or through other points of contact to submit questions or requests;
- Submit information to us through interactive features, mobile or other applications, social media platforms, or other communication functionality or otherwise contact us or use our Services in any way; and
- If you make a purchase from us, we work with a third-party payment processor to collect and process your payment information.
Information We Automatically Collect
- Usage Data. We may collect Personal Information automatically from your use of the Services about your internet connection, the equipment you use to access our Services, pages you visit, time spent on our Sites, IP addresses, and device and browser type.
- Transactional Information. We may collect Personal Information automatically about the transaction when you make a purchase, exchange, or a return, such as product details, purchase price, and the date and location of the transaction.
- Cookies, Pixel Tags, Web Beacons and Other Technologies. We may automatically collect Personal Information about your use of our Services through cookies, web beacons, pixel tags, social plug-ins, embedded scripts, APIs and other tracking technologies, session replay tools, or interactions with our chatbots (“Technologies”). We may also use third-party tracking tools to track user activity to provide relevant advertising over platforms. For more information about how to manage your choices please see Manage Your Preferences.
- Chat; Live Agent; Recordings. If you use our chat feature or speak to a live agent, we will collect Personal Information, such as your email address, phone number, and the content of the communication. Conversations conducted via the chat feature and live agents may be recorded, and you should not continue with chat assistance and live agents if you do not consent to recording.
Data We Collect About You From Third Parties
From our Service Providers. Certain of our service providers may collect and share data about you through the services they provide to us, such as when they help us collect your contact information or usage data.
Analytics. We use Technologies and third-party tools, such as Google Analytics and Klaviyo, to collect and analyze information about how visitors interact with our Site and Services, and to improve our offerings. These vendors act as our service providers and process information on our behalf in accordance with our instructions; they do not use the information for their own independent purposes. A current list of our service providers is available at Service Provider List.
Our service providers use first-party cookies and similar Technologies to collect information such as device identifiers, browser type, and interactions with our Site. These cookies may be re-issued or renewed to recognize returning visitors, maintain user preferences, and support the continuity of our analytics and communications. In certain cases, a service provider may use a first-party identifier that persists beyond a browser session to help us recognize returning users and tailor our communications more effectively. We may update or re-issue our cookie notices to reflect changes to these practices.
In some circumstances, our use of analytics and related technologies may involve cross-context or cross-site tracking for advertising or measurement purposes, which under certain U.S. state privacy laws may be considered a “sharing” or “sale” of personal information. For more information about your choices and rights, please see Your Privacy Rights.
From Unrelated Third Parties. If you connect or interact with us on third-party sites or applications, such as social media platforms, third party marketplaces, or email servers, the third-party platform may send us your information, such as your profile information from that platform. The information collected and disclosed to us is controlled by the third-party platform and its terms and privacy policy or as you direct by adjusting your privacy settings on the third-party platform. We do not control these third parties’ tracking technologies or how they may be used.
4. HOW WE USE PERSONAL INFORMATION
We use Personal Information for the following purposes to:
- Complete your transaction, process and ship your order, or respond to your questions or requests;
- Personalize your experience, store your preferences, provide user-experience features, and to operate our business and provide our products and services;
- Manage and customize promotional offers and advertisements we think may be of interest to you and to conduct data analysis and related activities;
- Communicate with you, including by electronic means, about your order, special offers, promotions, and other products or services we think may be of interest to you;
- Respond to reviews, comments, or other feedback you provide or questions you submit;
- Provide customer service, maintenance and support;
- Provide and facilitate the delivery of Services;
- Provide, update, maintain, audit, improve and protect our Services and business;
- Comply with verification and fraud prevention laws and requirements;
- Detect bugs, repair and report errors and perform activities to maintain the quality or safety of our Services;
- Link or combine it with other personal information we get from third parties to help provide you with better service;
- Develop and send you marketing, sales and promotional communications (where this is in accordance with your marketing preferences);
- Display and measure engagement with advertisements across different devices and Services;
- Conduct internal research for technological development and demonstration;
- Use for short-term transient purposes, such as to test or customize new content for our Services;
- Process your information for other legitimate business purposes, such as data analysis, audits, collecting and assessing feedback, identifying usage trends, determining the effectiveness of our marketing campaigns and to evaluate and improve our products, services, marketing and customer relationships;
- Deidentify your information, including through aggregation or anonymization, for analytics and other metrics;
- Analyze or predict your personal preferences, interests or behavior;
- Administer our business (e.g., to make improvements to our Sites, conduct analytics, and enhance our products and services);
- Detect, investigate, protect against and prevent security issues, including through malicious, fraudulent, illegal or other similar activity;
- Protect our legal rights or the health or safety of our customers, employees, or others;
- Comply with our legal obligations or respond to law enforcement, legal and regulatory inquiries or requests, or legal proceedings;
- In any other way we may describe when you provide the information;
- For any other purpose with your consent.
5. HOW WE SHARE AND DISCLOSE PERSONAL INFORMATION
We share your Personal Information, including your SMS information:
- Upon your instruction;
- With your consent, for example, when you agree to our sharing your information with other third parties such as for their own marketing purposes subject to their separate privacy policies;
- Internally within our affiliated organization and subsidiaries;
- To our third-party vendors and service providers, who act on our behalf and instruction to perform administrative, technical and operational functions, such as cloud hosting, content delivery, data and usage analysis, internal logging, fulfillment services, IT functions, business and corporate functions, marketing and advertising, and email and text transmission, among others, to provide you with our Services;
- To our third-party service providers who help us provide our messaging services, including but not limited to platform providers, phone companies, and other service providers who assist us in the delivery of text or SMS messages, provided that we will not share your opt-in to an SMS campaign with any third party for purposes unrelated to providing you with the services of that campaign;
- This webite uses cookies to help keep track of items you put into your shopping cart including when you have abandoned your cart and this information is used to determine when to send cart reminder messages via SMS.
- Where it has been de-identified, including through aggregation or anonymization;
- To a prospective or actual purchaser or seller in the context of a merger, acquisition or other reorganization or sale of our business or assets;
- As required by applicable law, including, without limitation, in response to any government or regulatory agency request, to cooperate with law enforcement investigations, or upon receipt of any court order;
- To comply with laws or to respond to lawful requests and legal process, to protect our rights and property and that of our agents, customers, members and others including to enforce our agreements, policies and terms of use or in an emergency to protect the personal safety of any person;
- Within certain of our products, we use and transfer your data collected through certain Technologies, including through Google APIs. Our use of Google APIs is in accordance with the Google API Services User Data Privacy Policy, including its Limited Use requirements, located at https://developers.google.com/terms/api-services-user-data-policy;
- For any other purpose disclosed by us when you provide the information;
- With your consent.
6. USE OF MACHINE LEARNING OR AUTOMATED DECISION MAKING
We use automated tools, including machine-learning models (“automated decision-making technologies”), to help operate, improve, and personalize our Services. These tools analyze information such as your browsing activity, purchase history, device information, and interactions with our Site or app to personalize product recommendations, understand shopping and browsing patterns, improve the performance and effectiveness of our Services; and develop predictive analytics that help us enhance user experience and product offerings. These automated processes do not produce legal or similarly significant effects for you. For example, we do not use automated decision-making to determine your eligibility for financial or essential services, nor do we use it to set individualized prices that could lead to unfair or discriminatory outcomes. Our automated tools are used only to support and enhance your shopping experience and internal business operations. Where required by applicable state privacy laws, you may have the right to request information about our automated decision-making processes, opt out of certain profiling, or ask for human review, if applicable. To exercise these rights, please refer to the section WHO TO CONTACT TO EXERCISE YOUR RIGHTS.
7. LINKS TO THIRD PARTY SERVICES
Our Services may contain links to third party services and features. This Privacy Policy does not cover the privacy practices of such parties. These parties have their own privacy policies and we do not accept any responsibility or liability for their services, features or policies. Please read their privacy policies before you submit any data to them.
8. HOW LONG DO WE KEEP YOUR PERSONAL INFORMATION?
We generally retain Personal Information for as long as needed for the specific business purpose or purposes for which it was collected. In some cases, we may be required to retain Personal Information for a longer period of time based on laws or regulations that apply to our business or for other necessary business purposes. When the purposes of processing are satisfied, we will delete or anonymize your personal data within a reasonable time period.
9. SECURITY OF PERSONAL INFORMATION
Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, we implement physical and technical measures designed to protect your Personal Information from unauthorized access, use or disclosure.
10. AGE LIMITATIONS
Services are not intended for use by anyone younger than 14 years old. If you learn that anyone younger than 14 has used our Services or provided us with Personal Information, please contact us and we will take steps to delete such Personal Information.
11. MANAGE YOUR PREFERENCES
There are several ways that you can manage your communications and data privacy preferences. Residents of some states have additional rights to opt-out of the sharing or processing of their personal information for purposes of targeted advertising, as described in the Your Privacy Rights section below. Please note that we may still contact you for administrative purposes regarding your account or to notify you in changes in our Services.
Account Information
You can access, modify, and delete certain information stored within your online account by logging into your account at any time.
Marketing Communication Preferences
- Emails. If you wish to opt-out of any marketing communications from us, please click on the “opt-out” link in the communication or contact us by email customerservice@billabong.com, phone 844-790-2278 or at Billabong.com 31 W 34th St., 4th FL New York, NY 10001. If you have an active user account in one of our products, you can update communication preferences in-app to opt-out of product related marketing communications.
- Texts. You do not have to opt-in to text messages to make purchases from us and we will only send you texts if you have opted-in to receive them. If you opt-in, we may send you text messages and alerts using an auto dialer, automated SMS or autodialed technologies and standard messaging and data rates may apply. You can opt-out at any time by texting STOP to 87932 or contact us by email customerservice@billabong.com, phone 844-790-2278 or at Billabong.com 31 W 34th St., 4th FL New York, NY 10001.
Privacy Choices Regarding Data Collected from our Services
- Cookies and Internet Based Advertiser Settings. Most web browsers are set to accept cookies by default. If you prefer, you can usually adjust your browser settings to remove or reject browser cookies. You can also elect to disable targeting cookies. Note that removing or rejecting certain cookies could affect the availability and functionality of our Services. Please note that you generally must opt out on each device that you use. For more information on managing cookies, please adjust your settings in accordance with our Manage My Cookie Consents.
- Do Not Track / Global Privacy Control: Do Not Track ("DNT") signals offered by some web browsers are settings that request that a web application disable its tracking of an individual user. Global Privacy Control ("GPC") is a technical specification in your browser settings that you can use to automatically inform websites of your privacy preferences with regard to third party online tracking. You can find out more about and set up GPC here. Our channels are configured to recognize and respond to the GPC signal.
- NAI/DAA Opt-Out: Some of the companies we use may be members of the Network Advertising Initiative ("NAI"), Digital Advertising Alliance ("DAA") or the Digital Advertising Alliance of Canada (“DAAC”) which participate in self-regulatory programs. Please visit their sites for more information about your choices: NAI at https://thenai.org/how-to-opt-out, DAA at https://www.aboutads.info/choices and DAA Canada at https://www.youradchoices.ca.
- Google Analytics: We use Google Analytics, which uses cookies and similar technologies to collect and analyze information about the use of the Services and report on activities and trends. This service may also collect information about the use of other websites, apps, and online services. You can learn about Google's practices, and opt out of them by downloading the Google Analytics opt-out browser add-on.
Please note that opting out through these mechanisms does not opt you out of advertising, and that you will likely continue to receive generic ads while online. Your opt-out choices are typically browser and device specific; if you disable your cookies, upgrade your browser after opting out, or if you use multiple different devices, please opt-out on each device and each browser separate.
12. UPDATING YOUR PERSONAL INFORMATION
Our Services may contain webpages or applications through which you can correct or update some of the personal data you have provided (such as via an online account) or through which you may be able to unsubscribe or modify the email newsletters or similar communications we send to you. If you have an online account, you are responsible for maintaining and updating, as applicable, your account registration data with current, accurate, and complete information. If you would like to request that we correct personal data that we have on file about you and that you believe is inaccurate, please email us at customerservice@billabong.com.
13. INTERNATIONAL DATA TRANSFERS
Our Services are offered in the United States and Canada and are not intended to be accessed or used from other jurisdictions. If you are visiting or using our Services from jurisdictions other than the United States and Canada, please be aware that your Personal Information may be transferred to, and processed in, a jurisdiction other than the country in which you are resident. The data protection laws of these jurisdictions may or may not be as comprehensive or protective as those in your country.
If you are a Canadian resident, please see our Canadian Privacy Supplement located here.
14. YOUR PRIVACY RIGHTS
This section is intended to comply with all applicable U.S. state consumer-privacy laws currently in effect, including those of California, Colorado, Connecticut, Delaware, Florida, Indiana, Iowa, Montana, New Jersey, Oregon, Tennessee, Texas, Utah, and Virginia (collectively, the “State Privacy Laws”).
Residents of the above-listed states may exercise some or all of the following rights regarding their personal information, subject to applicable law and verification:
- Confirm whether we process your personal information;
- Access and obtain a copy of certain personal information we hold;
- Delete personal information, subject to legal or contractual exceptions;
- Correct inaccuracies in your personal information, taking into account the nature of the information and the purpose of processing;
- Obtain your data in a portable format;
- Opt out of the processing of personal data for targeted advertising, “sale,” or “sharing,” or of profiling in furtherance of decisions that produce legal or similarly significant effects;
- Limit or require consent for the processing of sensitive personal data; and
- Submit an appeal if we decline your verified request.
The exact scope of these rights may vary by state. If you think these rights apply to you and would like to exercise any of these rights, please see Who to Contact to Exercise Your Rights. We will verify each request as described in Section 20 (Verified Request). Authorized agents may act on your behalf with proof of authorization.
Notice at Time of Collection - Disclosure of Data Sharing
Certain jurisdictions require that we disclose a summary of the categories of personal information we may have collected about you and with whom we may have disclosed that information to, depending on how you use our Services.
| Categories of personal information collected | Categories of recipients of personal information |
|---|---|
| Identifiers, including name, email address, mailing address, phone number, account numbers and other similar identifiers | Service Providers, Advertising Networks, Analytics Providers, Payment Processors, Customer Support Services, Law Enforcement where required by law or to prevent harm |
| Personal information categories listed in the California Customer Records statute (Cal. Civ. Code 1798.80(e), including name, physical characteristics or description, mailing and billing address, phone number, credit or debit card information | Service Providers, Advertising Networks, Analytics Providers, Payment Processors, Customer Support Services, Law Enforcement where required by law or to prevent harm |
| Commercial information, including products you purchase, place in your shopping cart, favorite or review | Service Providers, Advertising Networks, Analytics Providers, Payment Processors, Customer Support Services, Law Enforcement where required by law or to prevent harm |
| Internet or other electronic network activity information, including information regarding the device and browser you use, network connection, IP address, and how you browse through our apps and Sites | Service Providers, Advertising Networks, Analytics Providers, Law Enforcement where required by law or to prevent harm |
| Geolocation data, including your mailing and billing address | Service Providers, Advertising Networks, Analytics Providers, Payment Processors, Customer Support Services, Law Enforcement where required by law or to prevent harm |
| Photos and videos, which may include face imagery, if you choose to provide them. | Service Providers, Advertising Networks, Analytics Providers, Payment Processors, Customer Support Services, Law Enforcement where required by law or to prevent harm |
| Inferences, or information derived from other personal information about you, which could include your preferences, interests, and other information used to personalize your experience; | Service Providers, Advertising Networks, Analytics Providers |
Sensitive personal information, which may include:
|
Service Providers; Payment Processors; Law Enforcement where required by law or to prevent harm |
| Your device’s precise location; | Service Providers; Law Enforcement where required by law or to prevent harm |
| Information you voluntarily disclose that may reveal certain characteristics about you such as your racial or ethnic origin or sexual orientation | Service Providers; Law Enforcement where required by law or to prevent harm |
| The contents of email messages in the email inboxes that you connect to your account, and information from email messages you transfer to the app to be included in your order history | Service Providers; Law Enforcement where required by law or to prevent harm |
15. “SALE” OR “SHARING” OF PERSONAL INFORMATION
We do not sell or share your information for money, but under certain state privacy laws our use of analytics tools may be classified as a “sharing” or a “sale” of personal information. We have sold or shared the categories of information listed below with the categories of third parties listed below. Certain jurisdictions allow you to limit our selling of personal data or our sharing of sensitive personal data. If you believe that you have these rights, to request that we do not sell or share your information, please visit the DO NOT SELL MY DATA link in the footer below.
| Category | Categories of third parties |
|---|---|
| Identifiers (e.g., name, email, IP address) | Advertising Networks, Analytics Providers, Payment Processors, Customer Support Services |
| Internet/Network Activity (e.g., browsing behavior on our Sites) | Advertising Networks, Analytics Providers |
| Geolocation Data (e.g., general location from IP address) | Advertising Networks, Analytics Providers |
| Inferences (e.g., predicted clothing preferences) | Advertising Networks, Analytics Providers |
16. NOTICE OF FINANCIAL INCENTIVE
We offer our customers programs as part of our Services that may be considered “financial incentives” under the California Consumer Privacy Act (CCPA). These include our loyalty programs, promotional discounts, and personalized wish list features. Participation in these programs is entirely voluntary, and you may opt in or out at any time.
Summary of Financial Incentives
We may provide financial incentives when you choose to:
- Participate in our loyalty programs
- Complete surveys
- Submit product reviews
- Enter promotional contests or sweepstakes
- Create and use wish lists
- Register for an account or sign up for marketing communications
The benefits offered may include promotional discounts, loyalty points or rewards, early access to sales, entries into giveaways, or personalized product recommendations and offers.
Personal Information Collected
To provide these incentives, we may collect the following personal information from you: name, email address, purchase and browsing history, wish list contents, submitted content (e.g., reviews or survey responses), demographic information you choose to provide (e.g., location, age, preferences). We use this information to improve your shopping experience, tailor promotions to your interests, and manage the applicable rewards or entries.
Material Terms
By participating in these programs or activities, you agree to the collection and use of your personal information in exchange for the relevant benefit. The value of your personal information is reasonably related to the value of the incentive provided, as determined by factors such as:
- The benefit’s estimated value to participants (e.g., discount amount or prize value)
- The cost of administering the program
- Our good-faith estimate of the additional revenue generated by offering such incentives
How to Opt In
You may opt in to a financial incentive by completing the relevant activity or registration step, such as signing up for the loyalty program, submitting a review, or entering a contest through our Sites.
How to Opt Out or Withdraw
You may opt out or withdraw from any financial incentive at any time by:
- Contacting us – see Who to Contact to Exercise Your Rights
- Updating your communication preferences in your account settings
- Unsubscribing from marketing communications
Please note that if you withdraw from a financial incentive, you may forfeit any ongoing benefits or rewards associated with that program.
17. NON-DISCRIMINATION
We will not discriminate against you if you exercise your choices, provided that if you do not provide data to us we may not be able to provide all of the Services to you, and you may not receive the benefits associated with participation.
18. CALIFORNIA’S SHINE THE LIGHT
California’s Shine the Light law permits residents of California to request certain details about how their information is disclosed to third parties for direct marketing purposes. If this law is applicable to us, we must either provide this information or permit California residents to opt in to, or opt out of, this type of disclosure. If you think this applies to you, to opt out of having information about you disclosed to our affiliates or other third parties for direct marketing purposes, please contact us at customerservice@billabong.com
19. WHO TO CONTACT TO EXERCISE YOUR RIGHTS
If you are using our Services, we are the data controller, and you should contact us first to manage your choices at customerservice@billabong.com and phone 844-790-2278.
20. VERIFIED REQUEST
To the extent we are the data controller, we will verify that the information you submit (which may include first name, last name, email address, company, and country/state) matches our records before we fulfill the request. We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.
21. CONTACT US
Please feel free to contact us with any comments, questions, complaints or suggestions you might have regarding our privacy practices described in this Privacy Policy. You may send us an e-mail at customerservice@billabong.com, call us at Company, or send us mail at 844-790-2278. Please feel free to contact us with any comments, questions, complaints or suggestions you might have regarding our privacy practices described in this Privacy Policy. .
22. CHANGES TO OUR PRIVACY POLICY
We reserve the right to change, modify, add or remove portions of this Privacy Policy from time to time and will provide you with notice when significant updates are made where as required by applicable law. We recommend that you regularly revisit this Privacy Policy to learn of any such changes.