Section 1 - Introduction
You are under no obligation to provide us with Personal Information that we request. However, if you fail to provide such requested Personal Information, it is likely that features of our mobile applications, websites or other products or services (collectively, “Services”) may not be available to you. As an alternative to not providing Personal Information, you may request that you remain anonymous, or choose a pseudonym when dealing with us. To the extent that it is lawful and practicable to do so, we will agree to such a request.
Section 2 - What types of personal information do we collect?
The types of Personal Information we collect depends on your interaction with, and use of, our Services. Generally, the types of Personal Information we collect includes:
- date of birth
- email and physical address
- telephone number
- contact lists
- social media information and profile
- location (GPS) information
- credit card information when necessary
In addition to Personal Information, we collect other associated information in order to optimize your user experience in relation to our Services. The types of additional information we collect include
- device identifier and hardware information
- IP address, browser type and language
- cookie information (further discussed in section 9 below)
- location (GPS) information
- system type (whether you have enabling software to access certain features, access times, referring website URLs, information about your purchases)
- cycling related information such as the frequency of rides on the bicycle, starting location and ending location of your rides, power consumption during your rides, error occurrences with respect to the battery of the bicycle, motor and bicycle serial numbers; and
- the hardware version you are using
Section 3 - How do we collect personal information?
We only collect personal directly from you. We collect your Personal Information when you:
- place an order from our Services;
- return an item or make an exchange;
- inquire about our Services;
- create an account via our Services;
- sign up for email updates or to receive our newsletter and/or advertisements;
- use a Service that requests information regarding your location;
- are referred to us through a marketing promotion; or
- participate in a marketing survey, promotion or event.
To best serve you, we may combine or collate your Personal Information with other non-Personal Information that is publicly available and/or non-Personal Information that we receive from other reputable third-party sources.
Section 4 - Why do we collect and use your personal information?
At bikeNOW, we always want to provide you with the best possible shopping experience. As such, we collect Personal Information that allows us to:
- process and track your order;
- provide the information, products and services you request;
- contact you about the status of an order;
- send you promotional offers or information we believe will be of interest to you;
- send you to email updates, announcements and/or newsletters;
- identify your product and service preferences;
- determine your location;
- enhance, customize and personalize your experiences and communications with bikeNOW;
- share news about our athletes, cycling or multi-sport races and competitions;
- help us design and administer our Services;
- provide information concerning product recalls or products you have purchased; and
- improve our merchandise selection and customer service.
When we collect your Personal Information as part of our Services, your Personal Information will only be used or disclosed for the primary purpose for which it was collected, a related secondary purpose, in accordance with your consent or as otherwise required (e.g. when lawfully requested by a law enforcement agency).
Section 5 - Who do we disclose your personal information to?
We provide your Personal Information to third parties where reasonably required to operate our Services. This may include:
- Delivery, courier and postal organizations: we may disclose your Personal Information to delivery, courier and postal organizations in order to deliver our Services;
- Law enforcement and emergency services agencies: we may disclose your Personal Information where required or authorized to do so by law, including in emergency situations and to assist law enforcement agencies with active investigations. We will always ensure that those to whom we disclose your Personal Information have the legal right to receive it.
- Fraud protection organizations: we may also share information with companies assisting in fraud protection or investigation; and
- Other organizations: to prevent illegal uses of products and services, or to defend ourselves against third-party claims.
Section 6 - How is your personal information secured?
We understand you have entrusted us with the protection of your Personal Information. As such, we take reasonable steps to protect your Personal Information from misuse, loss, unauthorized access, modification or disclosure. Where possible, we will ask that any third parties to whom we may transfer your information take comparable steps to secure your Personal Information.
The types of protections we have established include:
- we hold the Personal Information that you provide us, along with a record of your purchases, in a secure private database;
- we use encryption technology to promote the secure transmission of any Personal Information you provide while using our Services; and
- all transactions completed through our Services are conducted using 2048-bit Secure Sockets Layer (SSL) encryption.
Although we will use all reasonable efforts to safeguard the confidentiality of any user information collected, we shall have no liability for disclosure of any user information obtained due to errors in transmission or the unauthorized acts of third parties. Email is not a secure form of communication. Please do not send us your credit card number, social security number or other Personal Information via email.
Section 7 - Access to and correction of personal information
You can access or correct your Personal Information by contacting us at the 'Contact Details' set out in section 12 below. Please ensure that as part of your written request for access or correction that you provide adequate detail that identifies what Personal Information you want access to or corrected. Where your request will require us to incur costs, we may charge you an access fee to cover those costs (e.g. staff costs in searching for, locating and retrieving the requested Personal Information). We, of course, will inform you of any such charges prior to them being incurred.
In certain circumstances, we may refuse to provide you access to your Personal Information. Where we refuse you access, we will provide you with a written explanation as to the reasons for the rejection. For example, we may reject your application where we consider giving access would have an unreasonable impact on the privacy of other individuals.
Whenever reasonable, we will update your Personal Information where you notify us that the information we hold is no longer accurate, complete or up to date.
We may use clear GIFs or Web Beacons to track how you use our Services and which emails you open. We may also use a third-party service provider to collect analytical information on an anonymous basis related to your use of the Services, such as Device state information, Device hardware and OS information, information relating to how a Service functions, and the physical location of your Device at the time the Device crashes.
We use the aggregated data collected through the GIFs, Web Beacons and third-party service providers to improve the quality and functionality of our Services.
When you use our Services, we may collect information from your Device through a "cookie." A "cookie" is a small alphanumeric file that our website or app sends to your Device's hard drive while you are viewing our website or app for record keeping purposes. A "cookie" can be either a session cookie (disappears when the web browser or app is closed) or persistent cookie (remains on the hard drive until a set expiration date). We use both session cookies and persistent cookies as part of our Services.
Section 9 - Third Party Websites
Please be aware that our Services and email communications may contain links to other websites and services on the Internet that are owned and operated by third parties. We are not responsible for nor do we endorse the information or content contained on such third-party websites. We encourage you to review the privacy policies of these third-party websites to understand their privacy practices.
Section 10 - Making a complaint
If you have a complaint about the manner in which we handled your Personal Information, please contact our privacy representative at the contact details set out below. Please provide as much detail as possible in relation to your compliant in order to assist us with our internal inquiries.
We will acknowledge receipt of your compliant in writing and investigate the complaint as soon as possible. We will respond to your complaint within a reasonable time after acknowledgement, subject to the complexity of our investigation.
If you are dissatisfied with our response to your complaint and believe that we may have breached applicable Australian privacy laws, you may refer your complaint to the Australian Information (Privacy) Commissioner.
Section 11 - Contact details