Rip Curl Search GPS Privacy Statement

Last Updated: November 17, 2022

INTRODUCTION

At Rip Curl we take your privacy seriously. The purpose of this Privacy Statement is to inform you about our collection, use, and disclosure of any personal information that we may hold about you, including how we ensure the accuracy, integrity, and security of such information. If you are under the age of 16 years or if you are otherwise considered a minor where you live, you confirm that you have parental/guardian consent to provide your information to us for use in accordance with the terms of this Privacy Statement.

This Privacy Statement should be read in conjunction with the agreement under which you engaged with us (if any), and any terms and conditions provided to you.

Rip Curl refers to Rip Curl Proprietary Limited (ACN 004 838 064) (Australia and New Zealand), Rip Curl Europe SAS (Europe), Rip Curl Inc (United States of America), RC Brazil LTDA (Brazil), Rip Curl Japan Co Limited (Japan), Rip Curl Canada Inc (Canada) and any other related entity that is operating a Rip Curl website, all of which are a part of the KMD Brands Limited group.

Changes to this Privacy Statement

This Privacy Statement may be updated periodically. We advise you to check back frequently to see any updates or changes. The latest version and publication date will always be clearly marked.

WHAT PERSONAL INFORMATION DO WE COLLECT?

For the purpose of this section, “Contact Information” means first and last names and email address.

We collect personal information directly from you when you:

Use the Rip Curl Search GPS Watch:

We collect information about your location, the types of activities undertaken and your performance (for example, your speed, distance travelled and activity duration). This information is only collected where you choose to sync your watch to your Rip Curl Search GPS account on a Bluetooth-enabled device or via cable to your computer.

Create a Rip Curl Search GPS account:

We collect:

• your Contact Information and password to enable the creation of a Rip Curl Search GPS account. Where you elect to sign up via Apple or using the Facebook Login feature, we also collect information that you make available via your Apple or Facebook settings (such as your name, email address and gender);
• your gender, age, height, and weight, if you choose to add this detail;
• your profile and cover photo images, if you choose to upload these;
• surfing information including your home break, stance, and the type of surfboard you use (length, width, and thickness), if you choose to add this detail; 
• your notification preferences; and
• your privacy preferences (whether your Rip Curl Search GPS account is searchable by other users or whether it is private).

Use the System

We collect:

• information about the pro surfers and friends that you follow;
• information about the clubs that you create or are a member of (including their name and description);
• information about your general use of the System, such as when you login to your Rip Curl Search GPS account.  

Where you choose to share details of your surf via Facebook or Instagram, we also collect information about the social media platform that it was shared on, including the name of the Facebook account and/or Instagram handle.

Visit, search for and browse our websites

We collect:

• the Internet Protocol (IP) address used to connect your computer or device to the internet;
• your login information;
• data on your screen settings and device settings, such as the point and scroll settings of your mouse;
• web browser type and version;
• time zone settings; and
• operating system information.

We also collect information about your use or visit, including:

• statistical information about visits to pages on the site;
• the products you viewed or searched for;
• page response times;
• duration of individual page view;
• page interaction information (such as scrolling, clicks and mouse-overs);
• the paths taken by you through the site; and
• the full Uniform Resource Locators (URL) clickstream to, through and from our site (including date and time).

Contact us via the Rip Curl Search GPS Help Centre:

As part of submitting a support ticket, we will collect your email address, the type of enquiry that you have and the contents of your query, which may include any attachments (such as photographs) that you upload as part of submitting a ticket.

Submit a product review:

Your full name and email address.

Enter a competition, promotion, sweepstakes, contest, or survey:

Your Contact Information, contact number, address, and date of birth.

Engage with public platforms:

We may also collect personal information about you from a third party or a publicly available source, including social media. We also work closely with third parties (for example, business partners, joint marketers, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, social media companies and search information providers) and may receive information about you from them. We may combine this data with other information we collect.

WHAT PERSONAL INFORMATION DO OTHERS COLLECT?

If you use our services while logged into the following services, then they will collect information about your browsing as detailed in their privacy policies.

• Facebook

• Google+

• Instagram

• LinkedIn

• Twitter

• YouTube

We use Google Analytics to collect information about your browsing habits while using our services. As detailed within Google’s Privacy Policy, Google may share this information publicly and with their partners.

Where you choose to provide third party applications (for example, Surfline, Apple Health and Google Fit) with access to data collected while using the Rip Curl Search GPS Watch, those third parties may use and share that information for their own purposes. It is important that you read the relevant terms and privacy notice before sharing your personal information. 

USE OF COOKIES AND TRACKING

A cookie is a piece of code that creates a file on your computer to track the pages that you view on our website.  We use cookies for a variety of purposes including to make your online experience more efficient and enjoyable.

The information we obtain from our use of cookies will not usually contain your personal data.  Although we may obtain information about your computer or other electronic device such as your IP address, your browser and/or other internet log information, this will not usually identify you personally. In certain circumstances we may collect personal information about you—but only where you voluntarily provide it (eg by completing an online form) or where you purchase goods from us.

We work with third party suppliers who may also set cookies on our website, for example Google Analytics and Facebook. These third party suppliers are responsible for the cookies they set on our site. If you want further information please go to the website for the relevant third party.

WHY DO WE COLLECT YOUR PERSONAL INFORMATION?

Rip Curl collects personal information for a variety of purposes including the following:

• Administering your Rip Curl Search GPS account;
• Enabling you to interact and share information with other System users, should you wish to do so;
• Answering your inquiries and delivering customer service to you;
• Administering our Club Rip Curl loyalty program, including communicating with you about your membership and providing you with rewards based on your use of System;
• Enabling you to enter contests, promotions, or events that we promote or run;
• Satisfying your warranty or product service or repair requirements;
• Providing you with information about products, promotions, functions, or events, including those of KMD Brands entities and selected partners;
• Enabling selected third parties to provide you with information about other products or services that we think may be of interest to you according to your preferences and applicable law;
• Measuring or understanding the effectiveness of advertising we serve to you and others and to deliver relevant advertising to you;
• Undertaking research to understand our customers and making improvements to our products, services, purchasing and customer support processes;
• Administering our site for internal operations, including troubleshooting, data analysis, testing, research, security, statistical and survey purposes;
• Allowing you to participate in interactive features of our products and services, when you choose to do so;
• Meeting our legal or compliance obligations;
• Managing and resolving any legal or commercial complaints and issues; and

Enforcing the law.

If you choose not to provide certain personal information you should be aware that we may not be able to provide you with products and services.

We may send marketing or promotional communications to you, including about our products, services, or brand. If you do not wish to receive such communications, please contact us and we will respect your request and cease future communications. You can also unsubscribe via the relevant link in the email you received.

WHAT LEGAL BASIS DO WE HAVE FOR PROCESSING YOUR PERSONAL INFORMATION?

We process your personal information because you’ve given us permission and because we need to process the information to provide the services you have requested and/or to fulfil our contract with you. We may also process your personal information to comply with the law.

WHO DO WE SHARE YOUR INFORMATION WITH?

We engage a number of organisations to perform certain business-related functions on our behalf (including web hosting, maintaining databases and promotional, research or marketing activities, and processing of payments). These organisations are contractually required to protect your personal information and to only use it for the purpose of performing the relevant business-related functions.

Information may also be disclosed in the following cirumstances:

• If you elect to make your account public, or do not turn on the privacy features, information within your profile will be publicly available to other System users. In addition, any information that you elect to share with other users as a member of Club Rip Curl will also be available to those members.
• If you voluntarily enter contests, promotions, or events that we promote or run, we may publicly disclose the name and location (city) of winners.
• If you register your Club Rip Curl card in Apple Wallet or Google Pay, then we will share your Club Rip Curl membership number and the associated barcode with Apple or Google (as the case may be) in order to facilitate the use of your Club Rip Curl membership card within Apple Wallet and Google Pay.
• To advertisers and advertising networks that require data to select and serve relevant adverts to you and others.
• Subject to your opt-in and/or opt-out rights, to third parties for their own marketing purposes such as co-sponsors of events or activities.
• With other entities within the KMD Brands Limited group.
• In the event that we buy, sell, reorganise, merge or dissolve businesses or assets, in which case we may disclose your personal information to the prospective seller or buyer of such business or assets.
• We may also disclose personal information to law enforcement, regulatory bodies, legal advisors or similar third parties (1) where we are under a legal duty to disclose or share personal information in order to comply with a legal obligation (which may include courts, law enforcement and national security authorities of jurisdictions in which we operate or store personal information), (2) in order to enforce or apply our website terms and conditions and other agreements, or (3) to protect our rights, property, or safety of our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
• We may also share anonymised information with carefully selected third parties, where there is an identified benefit to some or all of the Rip Curl customer base (for example, environmental protection research). This data will not identify you.

We do not disclose your personal information to any third party other than those described previously, subject to where we are legally required to do so or where you have provided consent.

HOW DO WE SECURE YOUR INFORMATION?

Your personal information is held in a controlled and secure environment. We use appropriate technical, organisational, and administrative security measures to protect any information we hold from loss, misuse, and unauthorised access, disclosure, alteration, and destruction.

Please do not enter any credit card details or sensitive personal information when contacting us via email, or through our website “Contact Us” form.

DO WE USE AUTOMATED DECISION MAKING OR PROFILING?

Personalising your experience through profiling (Australia and New Zealand only).

Rip Curl collects personal information about you when you browse our website and purchase items from our stores. Rip Curl may use this information to personalise your browsing and shopping experience. We do this by using software to analyse information collected and to determine which products and offers you may be interested in based on defined segmentations. We then use these insights to provide you with tailored product and offer recommendations and information which may assist you in your decision making. We also regularly review interactions with our messaging at an aggregated (non-identifiable) level in order to measure the effectiveness of our segmentation and personalisation activities.

DO WE SELL YOUR PERSONAL INFORMATION?

For the purposes of the California Consumer Privacy Act (CCPA), in certain instances, we will share personal information among our affiliated companies and with third parties who provide valuable services to us. This falls within the wide definition of “selling” under the CCPA, however, we do not sell your personal information for money.

HOW LONG DO WE KEEP YOUR INFORMATION?

We only keep your personal information for as long as it is required.

We will keep your personal information:

• Until we no longer have a valid reason for keeping it;
• Until you request us to stop using it;
• For as long as required by law.

WHERE DO WE HOLD YOUR INFORMATION?

We hold your personal information worldwide.

Wherever your information is held we ensure your rights are protected. We do this by:

• Ensuring we have suitable legal contracts in place; and
• Holding information in countries with an adequacy decision (note New Zealand is one of these).

WHAT ARE MY RIGHTS?

HAVE A QUESTION OR CONCERN?

In the first instance, please get in contact with us directly via the details below. If you consider that your query or privacy concerns have not been resolved satisfactorily by us or you wish to obtain more information on privacy requirements, you can contact the relevant Supervisory Authority.