Privacy Policy
Samantha Ogilvie recognises the importance of your privacy and is committed to safeguarding the security of the personal information we hold about you.
THE KINDS OF PERSONAL INFORMATION WE COLLECT
We typically collect and hold the following kinds of personal information from customers:
- your name, your company name (if applicable) and your contact details (including your billing address, postal address, email address and phone number) and your birthdate;
- details set out in the form of photographic identification you supply during security procedures for order processing, such as driver licence number;
- your preferred delivery address and instructions;
- your purchase history;
- the name of the domain from which you access the internet; the date and time you access our sites;
- the internet address of the website from which you linked directly to our sites; and
- other information you may supply to us.
We may also collect the details connected with your payment method, including:
- credit card billing address, credit card type and issuer;
- credit card number, expiry date and security code.
We do not store or hold your credit card number, expiry date and security code beyond the time required to process your order. When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site.
We refer to this automatically-collected information as “Device Information.” We collect Device Information using the following technologies:
- “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
- “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
- “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Site. We also allow subscription to receive email marketing communications from us. When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information and Order Information.
HOW WE COLLECT PERSONAL INFORMATION
We collect personal information about you when you have dealings with us, including when you:
- access and use our Website and social media sites;
- place an order for our merchandise;
- attend the store, via CCTV;
- attend a Samantha Ogilvie hosted event;
- converse with Samantha Ogilvie staff;
- make an enquiry;
- establish an online account;
- sign-up to receive our newsletters or join Samantha Ogilvie mailing lists;
- sign-up to receive SMS messages or join Samantha Ogilvie SMS lists;
- complete a customer survey or send us feedback.
THE PURPOSES FOR WHICH WE COLLECT, HOLD, USE AND DISCLOSE PERSONAL INFORMATION
The information we collect allows us to:
- administer our Website and provide customer services;
- process your order and inform you of the status of your order;
- provide the products and services you have ordered;
- verify your identity and details of your payment method or credit card account;
- plan and manage our commercial business activities including analysis of your shopping habits, product and style preferences;
- communicate with you (including via email or telephone where such contact details have been provided);
- tell you about our offers, services or products.
We may disclose information we hold to our directors, officers, employees and other associated entities for business purposes and marketing or remarketing purposes through our Websites or other social media channels. We may also disclose information to third party service providers or contractors, such as courier delivery companies.
We may also disclose personal information where it is necessary to comply with the law; enforce or apply our Terms; or to protect the rights, property and/or safety of Samantha Ogilvie, our users, staff and associates. This includes exchanging information with other entities for identity verification and fraud protection purposes to the extent permitted by applicable laws. In particular, when you make a purchase from the Website, we may make searches to verify your identity and validity of your payment method with credit reference and fraud protection agencies. The agencies will record details of any search and may provide us with a report.
We collect information about your online preferences using technology, such as “cookies”. Cookies track user behaviour on our Website and may record information, including your server address, the date and time of your visit, the pages you viewed, any documents you downloaded and the type of browser and operating system you used. The information is used and disclosed by us for purposes including statistical analysis and retargeted advertising; and to assist us to improve the functionality and usability of the Website.
DIRECT MARKETING
Where we have your express or implied consent, we may use your personal information to send you promotional information about Samantha Ogilvie. You may opt-out of receiving marketing communications from us by using the unsubscribe facility that we include in our email messages or by sending an unsubscribe request to shop@samanthaogilvie.com
We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile & Email Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to Samantha Ogilvie’s SMS/text messaging service, you agree to receive recurring SMS/text messages with service-related and promotional related messages, including updates, alerts, and information relating to orders in addition to promotions, specials, and other marketing offers from and on behalf of Samantha Ogilvie via text messages through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialling system or other technology.
By consenting to Samantha Ogilvie's email marketing service, you agree to receive recurring emails with service-related and promotional related emails, including updates, alerts and information relating to orders in addition to promotions, specials and other marketing offers from and on behalf of Samantha Ogilvie to your email address.
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Samantha Ogilvie. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Standard message and data rates may apply from your wireless provider. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time by clicking the unsubscribe link in any text message or email from Samantha Ogilvie. You'll receive a one-time opt-out confirmation message. No further messages will be sent to your mobile device or email, unless initiated by you. For Service support or assistance, email shop@samanthaogilvie.com. In accordance with ACMA legislation, please allow up to 5 business business days for your email address to be unsubscribed if you choose to opt-out of Samantha Ogilvie's emails.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any UNSUBSCRIBE, STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honouring requests made in such messages. The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
OVERSEAS DISCLOSURES OF PERSONAL INFORMATION
In connection with the operation of our business, Samantha Ogilvie may disclose personal information to external service providers located overseas so that they can provide us with services, such as shipping, delivery, marketing and data storage. Otherwise, we are generally not likely to disclose personal information to overseas recipients.
BEHAVIOURAL ADVERTISING
As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-itwork.
You can opt out of targeted advertising by:
- FACEBOOK – https://www.facebook.com/settings/?tab=ads
- GOOGLE – https://www.google.com/settings/ads/anonymous
- BING -https://advertise.bingads.microsoft.com/enus/resources/policies/personalized-ads
SECURITY OF PERSONAL INFORMATION
Samantha Ogilvie has taken reasonable steps and established procedures to safeguard the personal information we collect against:
- unauthorised access, modification or disclosure; and
- misuse, interference and loss.
We use Secure Sockets Layer (SSL) technology, which is the industry standard encryption technology for secure e-commerce transactions. When transmitting information via samanthaogilvie.com, such as your credit card number and other personal information, the data is encrypted (scrambled) before being sent or received over the Internet. Nevertheless, transmission of data over the Internet is not guaranteed to be totally secure and your transmission is undertaken at your own risk.
ACCESS TO YOUR PERSONAL INFORMATION
You may request access to personal information that we hold about you and request its correction if it is inaccurate by contacting us via shop@samanthaogilvie.com. We will respond within a reasonable period.
DO NOT TRACK
Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.
YOUR RIGHTS
If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.
Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.
DATA RETENTION
When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.
COMPLAINTS
If you would like to complain about a breach of the Australian Privacy Principles, you may contact us via shop@samanthaogilvie.com. We may need to seek further information from you. We may offer a practical solution that is consistent with our legal obligations. We will respond to complaints within a reasonable period of time (approximately 30 days).
CHANGES TO OUR PRIVACY POLICY
Samantha Ogilvie reserves the right to change the Privacy Policy at any time. Changes take effect upon posting to the Website. You are encouraged to check the Website periodically for updates. Our Privacy Policy was last updated on 19 June 2020.
TERMS & CONDITIONS
Terms and conditions that apply to your dealings with Samantha Ogilvie and samanthaogilvie.com are accessible below. These terms and conditions are collectively and individually referred to on the Website as ‘Terms’. The Terms are binding on you as a customer of Samantha Ogilvie and as a user of the Website. Samantha Ogilvie reserves the right to change the Terms at any time. Changes take effect upon posting to the Website. In the Terms, except to the extent that the context otherwise requires, a reference to “Samantha Ogilvie”; “we”; “us”; or “our”, is a reference to the Australian business (ABN 22 147 653 814) trading as Samantha Ogilvie.
USE OF WEBSITE
The ‘Website’ (samanthaogilvie.com) is owned and operated by Samantha Ogilvie. Use of the Website is subject to the Terms. Access to the Website is an acknowledgement that these Terms, as amended from time to time, have been read and accepted. As you are bound by the Terms, you are encouraged to review the Terms prior to placing an order. Samantha Ogilvie grants you a limited, nonexclusive, non-transferable, personal, non-commercial licence to access and use the Website and reserves all right, title and interest not expressly granted under this licence to the fullest extent possible under applicable laws. Any use of the Website not specifically permitted by the Terms is strictly prohibited. You agree that you will not: alter the content provided on the Website in any way; use the Website to reproduce copyrighted material; commercially exploit, create derivative works from, or sell any of the Website content; otherwise breach the Terms. You may be denied access to the Website with or without prior notice at the sole discretion of Samantha Ogilvie, including if you do not comply with any of the Terms. All disclaimers and limitations of liability set out in the Terms survive termination of access.
DISCLAIMER
The Website (including all its Content) is provided by Samantha Ogilvie on an "as is" basis. (‘Content’ includes, without limitation, any graphics, photographs, image rights, sounds, music, video, audio or text on the Website.) You use the Website at your sole risk. To the maximum extent permitted by law, Samantha Ogilvie makes no guarantee, representation or warranty that: your use of the Website will be uninterrupted, timely, secure or error-free; the Website will be free from loss, destruction, damage, corruption, attack, computer viruses, data non-delivery, interference, hacking, or other security intrusion; (collectively ‘Loss’), and Samantha Ogilvie disclaims any liability to you for any Loss. You agree that you will be personally responsible for your use of the Website and for all your associated communication and activity. Your submission of any information to Samantha Ogilvie is at your own risk.
EXTERNAL LINKS
The Website may contain hyperlinks to sites operated by parties other than Samantha Ogilvie. Such hyperlinks are provided for your convenient reference only and linking to another site is at your own risk. Samantha Ogilvie does not control such sites and is not responsible for their availability or content or the privacy or other practices of such sites, nor any loss or damage caused by or connected with your use or reliance on such external links or third-party site.
SECURITY
Samantha Ogilvie takes care to protect your online order information by using Secure Sockets Layer (SSL) technology. SSL is the industry standard encryption technology for secure e-commerce transactions. When transmitting information via samanthaogilvie.com, such as your credit card number and other personal information, the data is encrypted (scrambled) before being sent or received over the Internet. Nevertheless, transmission of data over the Internet is not guaranteed to be totally secure and your transmission is undertaken at your own risk.
COPYRIGHT & TRADEMARKS
The Content on the Website, including (without limitation) text, graphics, information architecture and coding, is subject to copyright. Merchandise and company names mentioned on the Website may be the trademarks of other people or entities. All title and intellectual property rights in and to the Content is the property of the respective content owners and may be protected by the applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties. You are provided with access to it only for your personal and non-commercial use. Nothing contained on the Website should be construed as granting any licence or right of use of any trade mark or part of any trade mark displayed on the Website without the express written permission of Samantha Ogilvie or the third party owner.
AUTHENTICITY
Samantha Ogilvie is an authorised online distributor for all designers displayed on the Website. The authenticity of every item offered for sale on the Website is guaranteed.
SOCIAL MEDIA
At its discretion, Samantha Ogilvie uses social media sites buts does not necessarily endorse or sanction the opinions or statements posted by users. Users of Samantha Ogilvie’s social media sites must not post any comment or upload any content which is defamatory in nature, indecent, inflammatory, or discriminatory. Samantha Ogilvie may moderate user-posted comments and content, including by removing inappropriate postings and may otherwise block or suspend users.
COOKIES
Samantha Ogilvie uses technology, such as "cookies", to collect information and store your online preferences. Cookies are small pieces of information sent by a web server to a web browser, which allows the server to uniquely identify the browser on each page. As you browse samanthaogilvie.com, advertising cookies will be placed on your computer. If you want to delete any cookies that are already on your computer, please refer to the help and support area on your internet browser for instructions on how to locate the file or directory that stores cookies.
The techniques our partners employ do not collect personal information such as your name, email address, postal address, or telephone number. You can visit this page to opt out of AdRoll’s and their partners’ targeted advertising.
To opt out of being tracked by Google Analytics across all websites visit: http://tools.google.com/dlpage/gaoptout.
If you'd like to opt out of other third party cookies relating to behavioural advertising, visit: www.youronlinechoices.eu. Opting out does not mean you will no longer receive online advertising. It does mean that the company or companies from which you opted out will no longer deliver ads tailored to your web preferences and usage patterns.
APPLICABLE LAW
The Website may be accessed globally. The laws of Brisbane, Australia, apply to the Website. Samantha Ogilvie makes no representation that the Website complies with the laws (including privacy and intellectual property laws) of any place outside Queensland, Australia. Any transaction on the Website is deemed to have taken place in Brisbane, Queensland, Australia.
ORDERS
These Terms apply to all purchases of merchandise from Samantha Ogilvie. Purchases may be made in-store or by electronic means, (i.e., via the Website, phone or email). By placing an order using any of these channels, you confirm your unconditional acceptance of the Terms. We reserve the right to reject any offer to purchase by you at any time and at our sole discretion. Merchandise is offered for sale for personal non-commercial use and not for re-sale or any other commercial benefit. Quantity restrictions may apply.
INFORMATION
Whilst Samantha Ogilvie endeavours to ensure the accuracy of all details, descriptions and prices which appear: on the Website; on the merchandise; in our communication with you; errors may occur. We may choose to not fill any orders (or part of an order) where an error or inaccuracy becomes apparent to us. We cannot, and do not, guarantee the correctness, precision, thoroughness or completeness of any of the information, nor will we be liable for any inaccuracy or omission concerning any of the information provided.
ELECTRONIC ORDERS
Website, phone and email ordering is available to individuals who: supply authentic personal details (including real name, phone number, email address); make payment using a valid credit/debit card issued by a bank acceptable to Samantha Ogilvie, or via another valid payment method acceptable to Samantha Ogilvie. You represent and warrant that your payment details are valid and correct and that you are the person to whom the billing information provided applies; authorise Samantha Ogilvie to process a charge(s) on the credit/debit card in the amount of the total purchase price for the merchandise being purchased. Additional identification requirements may apply in order to confirm your delivery address.
Please read our “Privacy” page for information about how we use and disclose your personal information.
When you order an item via electronic means you are offering to buy it for the price stated, subject to these Terms. All orders are subject to acceptance and availability, and items in your shopping cart are not reserved and may be purchased by other customers. Samantha Ogilvie will endeavour to notify you when you are the successful purchaser by sending an order confirmation to the email address you provide. It is your responsibility to review this notification. However, even if you do not receive the order confirmation, you are still responsible for payment. We may reject your order if an item is out of stock or we are unable to obtain authorisation for your payment.
Not all items featured on our Website, in advertisements, magazine editorial or fashion features, are available by phone order or via our Website. Please email or phone us if stocked merchandise is not available for adding to the Website shopping cart.
PRICE POLICY
Prices displayed on the Website and in-store are in Australian Dollars. Prices of merchandise may differ on the Website and in-store. “Sale Merchandise” refers to merchandise that is available for purchase at a price that is lower than an earlier published price. “Sale Price” refers to the price of the Sale Merchandise. Sale Prices on the Website already reflect reductions. When merchandise becomes Sale Merchandise, there is no adjustment or reimbursement available for prior purchases.
PAYMENT
When you place an order, we will charge you, and you are obligated to pay, the price and any applicable Samantha Ogilvie delivery and insurance charges. (Deliveries outside Australia will result in additional local import duties, fees, taxes and charges to you, which you are responsible for.)
You can pay for your purchase by any of the methods specified on the Website or in our communication with you.
Your payment must be cleared before merchandise is delivered to you. If your payment cannot be processed, your order will be rejected.
In paying or attempting to pay for merchandise, you warrant that you have not engaged in any fraudulent conduct or contravened any law.
DELIVERY
Please read our “Orders & Returns” page.
RETURNS AND REFUNDS
Please read our “Orders & Returns” page.
COMPENSATION
You agree to fully compensate Samantha Ogilvie (and its directors, officers, employees, affiliates, licensors, agents and suppliers) immediately on demand, and hold us harmless, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from (i) any breach of the Terms by you, including but not limited to, any infringement by you of the copyrights or intellectual property rights of any third party; or (ii) the unauthorised use of your identity and credit card details for purchases on the Website caused by your action or inaction.
LIMITATION OF LIABILITY
To the full extent permitted by law and subject to your rights under the Australian Consumer Law, our entire liability in connection with the Terms will not exceed the purchase price of the merchandise in question.
We are not responsible for: any losses which are not reasonably foreseeable by you and us; any losses which are not caused by our breach or negligence; indirect losses which are a side effect of the main loss or damage (for example, business or trade losses, loss of profits or loss of opportunity). We are not responsible for a failure to meet any of our obligations under the Terms where such failure is due to events beyond our reasonable control. Nothing in the Terms means that our liability to you for death or personal injury resulting from our negligence or that of our employees, agents or subcontractors is limited.
For clarity, nothing in the Terms is intended to limit your rights under the Australian Consumer Law as to the quality of goods sold by Samantha Ogilvie, including the consumer guarantees.
SEVERABILITY
Any provision of the Terms which is illegal, void or unenforceable is only ineffective to the extent of that illegality, voidness or unenforceability, without invalidating the remaining provisions
NO WAIVER
If you breach the Terms and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the Terms.
GOVERNING LAW
The Terms are governed by and are to be construed according to the laws of Queensland, Australia.
JURISDICTION
You submit to and accept unconditionally the exclusive jurisdiction of the courts and appellate courts of Queensland, Australia with respect to any legal proceedings brought in relation to the Terms.