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CALVIN KLEIN PRIVACY POLICY & COMMITMENT (NZ)

Calvin Klein is committed to fostering a community of authenticity, self-expression and trust. If you decide to share your details, interests, experiences and other personal information with us, we will strive to create an experience that moves you.
Our privacy principles are about more than complying with the law; we want to do the right thing for you and the millions of people we connect with every day. In order to gain and keep your trust, we commit that our interactions with you will be based on:

TRANSPARENCY

ACCOUNTABILITY

SECURITY

Find out more about our Privacy Commitment here.



Calvin Klein Privacy Policy (NZ)


Calvin Klein is bound by the Privacy Act 1993 (NZ) (which will become the Privacy Act 2020 (NZ) after 1 December 2020) and will only collect and use personal information in accordance with our legal obligations and this Policy.

‘Personal information’ means information about an identifiable individual; and includes information relating to a death that is maintained by the Registrar-General pursuant to the Births, Deaths, Marriages, and Relationships Registration Act 1995, or any former Act (as defined by the Births, Deaths, Marriages, and Relationships Registration Act 1995).

Please note that our Privacy Policy applies to the information gathered through the use of www.calvinklein.com.nz and any other websites or mobile applications that we own and control and that link to this policy. This policy also applies in-store activities, such as purchases and Wi-Fi use, as well as marketing activities. If you would like more detailed information about how we collect and use your personal information please continue to our Privacy Policy below.

1. Who We Are
2. What personal information might we collect about you?
Information that you provide
Other information we collect
Third party automated information collection and Interest-Based Advertising
Collection of Cookies
3. How your personal information is used
4. How your personal information is shared
Business transfer clause
5. What choices can you make about your personal information?
Unsubscribe/Opt-Out
Access or correction of your personal information
Sale of personal information
6. How we protect your personal information
7. Privacy Officer Contact


1. Who We Are


Calvin Klein is a global lifestyle brand that exemplifies bold, progressive ideals and a seductive, and often minimal, aesthetic. We seek to thrill and inspire our audience while using provocative imagery and striking designs to ignite the senses.

Calvin Klein (NZ) is part of PVH Brands Australia Limited (ACN 165 485 290) (PVHBA). PVHBA leverages a diversified portfolio of apparel brands – including Calvin Klein, Tommy Hilfiger and Heritage Brands – and markets them in Australasia.

When you provide your personal information to Calvin Klein (by any means, whether verbal, written or electronic) or through your use of any Calvin Klein website, you are agreeing to the terms of this privacy policy and also providing us with your consent for the collection, handling, use, disclosure and storage of that personal information. There may also be additional privacy notices and terms that are relevant to you depending on the nature of your dealings with us.

Please note that our websites are not directed to individuals under the age of sixteen (16). We ask that you do not provide your personal information to us if you are under that age, and also that you do not share the personal information of anyone else under that age with us, unless this is required by us and you are their parent or guardian, or have the express consent of their parent or guardian to do this.



2. What personal information might we collect about you?


Calvin Klein only collects the personal information that we need for one or more of our functions or activities. We will only collect personal information about you by lawful and fair means, and will not do so in an unreasonably intrusive manner.

Information that you provide

In order to handle your purchases, provide customer service, improve our products, provide in-person experiences or events and send you information about our products, trends and promotions, we may ask you to provide your:
• name;
• mailing/shipping address;
• billing address;
• e-mail address;
• date of birth (m/y) or age range;
• gender;
• clothing size/fit information;
• purchase/return/exchange information;
• contact telephone numbers;
• product reviews;
• account or loyalty user name/password;
• payment information (credit/debit card);
• social media names or other details;
• identification details (e.g. licence number, student, pensioner card);
• testimonials or opinions;
• photos of individuals (possibly including recordings on video and audio surveillance devices in our premises);
• financial/ purchase information (such as credit card details); and
• records of written or verbal contact with Calvin Klein, including voice recordings of telephone conversations you have had with us.

Where we can, we will allow you to deal with us anonymously or by using a pseudonym. However, in some circumstances, this may not allow us to provide you with a service you have asked for (such as delivery). If you ask our Privacy Officer about this option, we will inform you if it is possible for an interaction to occur on an anonymous basis. Whilst you may opt to not to provide us with your personal information, you should be aware that without this personal information, we may not be able to provide you with some of the services and/or products you are seeking.

Other information we collect

We may collect information about you from activities related to other PVHBA businesses or third parties like web hosting providers, analytics companies, social media platforms, data companies, and advertising services such as:
• Demographic information;
• Shopping preferences; and/or
• Information about your interests.
Most of the personal information that we hold about you will be from your direct dealings with us, but we may also collect your personal information from a third-party, anyone authorised to act on your behalf, or via social media. We will only do this if we have been advised that you have consented to the collection of your personal information, or if you would reasonably expect us to collect your personal information in that way.

We may also collect personal information from our business or related entities and affiliates who have collected your information or by accessing data from other sources and then analysing that data with the information that we already hold about you in order to learn more about your preferences and interests.

If we receive information about you from a third party, and it is not information we need in respect of our business activities, we will destroy or de-identify that information (provided it is lawful to do so).

You may be offered the option to join one of our loyalty programs. On enrolment we will collect your profile information and your purchase history and the contents of your online wish list. We do not collect information related to the payment instrument that you use such as credit card information. In our store, depending on whether you are a consumer or small business, we collect your company name, personal name, address and other relevant personal details if this is needed to comply by local fiscal and legal requirements such as to provide a tax receipt. When you make a purchase via one of our online stores or apps we will collect information such as your name, shipping and billing address and contact details such as telephone and email address, ordered and returned products, delivery information and invoice information. We also collect data on your usage vouchers and/or gift cards.

If you interact with chatbots (automated messengers) we will record what you respond to these chatbots, how you interact with them and we will store data related to the device that you use. Depending on the platform for the chatbot and your permission, your device data may include: IP address, social medical handle, time zone, country and GPS location. The platform that provides the chatbot may also collect some of this data. For example, if the chatbot is provided on Facebook, this platform will collect your user data as well.

Third party automated information collection and Interest-Based Advertising

When you visit any of our websites or applications or access our in-store Wi-Fi, we may automatically collect:
• Device ID;
• Device type;
• Browser types and version;
• Geo-location and in-store location;
• IP Address;
• Your network activities when using our Wi-Fi; and/ or
• How you use our site (search terms, page views, referring sites, content views).

Collection of Cookies

Cookies are pieces of information that a website transfers to your computer for record-keeping purposes. Cookies help provide additional functionality to the web site or to help us analyse site usage more accurately. We use information collected from cookies to better understand, customise and improve user experience with our websites, services and offerings, as well as to manage our advertising. For instance, our server may set a cookie that keeps you from having to enter a password more than once during a visit to one of our sites. Also, we may use web analytics services that leverage cookies to help us to understand how visitors engage with and navigate our site (e.g. how and when pages in a site are visited and by how many visitors).

We are also able to offer our visitors a more customised, relevant experience on our sites using cookies by delivering content and functionality based on your preferences and interests. If you have provided us with personal information (e.g. through a registration or a request for certain materials), we may associate this personal information with information gathered through cookies. This allows us to offer increased personalisation and functionality.

In all cases in which cookies are used, the cookie will not collect personal information except with your explicit permission. Your web browser can be set to allow you to control whether you will accept cookies, reject cookies or to notify you each time a cookie is sent to your browser. If your browser is set to reject cookies, websites that are cookie-enabled will not recognise you when you return to the website, and some website functionality may be lost.

We, and third parties, including our service providers, collect data collected using cookies and other device identifying technologies. We use Cookies and Tracking Technologies to collect your IP address, device ID information, ISP provider, browser type, the pages and content you view on our website (s), the search terms you enter on our website, and the actions you take on our website.

In some cases, the third parties we work with may use cookies and other technologies (such as those described in this Policy) to support Calvin Klein’s digital marketing initiatives. Analytics collects any demographic and interest information available in a cookie. These technologies may be used in connection with activities like surveys, online behavioural advertising, website analytics, and email campaign management. The ‘Help’ section of your browser may tell you how to prevent your browser from accepting cookies.

Calvin Klein uses third party advertising companies to display ads tailored to you based on how you browse and shop online, a practice commonly referred to as “interest-based” or “behavioural” advertising. We allow these third parties to collect certain information when you visit our websites or use our applications, including non-personally identifiable information (browser type, subject of advertisements clicks on, session IDs) and personal data (such as static IP address). The information that we obtain from social media platforms depends on your account and privacy settings within the platforms and the platforms privacy policies. You can use Ads Settings on your browser to manage the Google ads that you see and to opt out of Ads Personalisation. Please note that you may need to opt-out separately from each service.

The services Calvin Klein may use from time to time include those offered by Google (including Google Display Network and DoubleClick), Yahoo, Adobe (including Campaign Manager and Analytics), and Microsoft. You can find out more information about these services in the privacy policies for those services, including information on how to opt-out of certain things (e.g. Google Analytics Advertising Features which uses age, gender, and interests categories to target our ads to you on the Google Display Network).

If you use a third-party authentication service or social account (e.g. Google or Facebook) to log into one of our websites, this allows the Calvin Klein website to make a request for data about you. If you if you choose to log in with an authentication service or social account, your data will be shared between those social networks and Calvin Klein. You should therefore stay updated on your social networks' privacy policies, and only use the social log-in for sites you feel comfortable sharing data with.

Calvin Klein also engages in social listening – which means we monitor our social media channels for any customer feedback or direct mentions of our brands. We do this by looking out for specific keywords or topics. If you actively communicate about us or our brands on social media, we collect a copy of your communication. For example, if you use #calvinklein in relation to one of the items we sell, we will retain a copy of the tweet and may use it for our brands awareness. In order to enable us to do this, we may contract third parties for the provisioning of social listening services. Please note that any information you post or disclose through these services will become public and may be available to other users and the general public. Also, if you disclose any personal information relating to us, other people or to our service providers, you represent that you have the authority to do so and also permit us to use the personal information in accordance with this privacy policy.

If you choose to connect your social media account to your Calvin Klein (or related brand) account (where such feature is available), you will share certain personal data from your social media account with us, for example, your name, email address, photo, list of social media contacts, and any other information that may be or you make accessible to us when you connect your social media account to your Calvin Klein (or related brand) account. We will engage in these activities to manage our contractual relationship with you, with your consent or where we have a legitimate interest. If you logon to your account through Facebook, Google, Instagram or other social media accounts, we collect profile information from your social media account including your name and email address. Please note that when accessing your account through a social media platform, the social media provider will be notified of your access to the account. Please refer to the privacy notice of the respective social media provider(s) for more information on how your personal information is stored.



3. How your personal information is used


Calvin Klein may use your personal information for a number of purposes, (including but not limited to):
● to identify you and any records relating to you;
● to provide you with the products and services you have requested;
● to manage your requests for products and services including delivery, processing payments, providing refunds, discounts and incentives;
● to develop and improve the products and services we offer;
● to maintain and improve customer services and seek your feedback, including conducting product and market research and analysis;
● to improve our operational processes, enhance your customer experience and to monitor and review our compliance with relevant regulations and codes of conduct in our dealings with you;
● to send you reminders;
● to market the products and services of Calvin Klein;
● maintain and improve customer services, including conducting product and market research and analysis;
● to collect information from your computer through the use of cookies;
● to enable us to undertake a credit assessment;
● to facilitate appropriate communication between you and our preferred credit suppliers;
● to comply with any legal obligations or governance requirements;
● to facilitate your interactions with us on our website;
● to meet our legal obligations and to notify you of matters that we are required to do so by law (such as product recalls);
● to interact with Regulators or other Government agencies;
● to manage and resolve any legal or commercial complaints and issues;
● to investigate fraud and to carry out loss prevention activities; and/ or
● as part of buying or selling our businesses.

We are committed to compliance with all laws and requirements relating to the use of your personal information for direct marketing.

When you provide your personal details, you may consent to us using your personal information for direct marketing purposes (for an indefinite period). From time to time, we may contact you with information about products and services offered by us and our related entities and our business partners or affiliates, which we think may be of interest to you. When we contact you it may be by mail, telephone, email, SMS or via social media. These communications may relate to products and services that we and our affiliates provide, and other products that may be of interest to you.

De-identified personal information may also be used to allow corporate reporting within our business and with our affiliates. Calvin Klein will not use Government Identifiers, such as Medicare numbers, or a driver’s license number as its own identifier of individuals.

Whilst you may opt not to provide us with your personal information, you should be aware that without this personal information, we may not be able to provide you with some of the services and/or products you may be seeking.



4. How your personal information is shared

In the course of conducting our business and providing our products and services to you, we may disclose your personal information. We only disclose personal information for the purposes for which it was given to us, or for purposes which are directly related to one of our functions or activities. We do not give it to anyone else unless one of the following applies:
● you have consented to the disclosure;
● you would reasonably expect, or have been told (for example, by means of this Privacy Policy), that your information will be passes on to those individuals/ entities/Calvin Klein affiliates bodies or agencies; and/or
● it is otherwise required or authorised by law.
If we engage third party agents or contractors, we will take all reasonable steps to ensure that they do not breach privacy requirements in relation to the information we share with them, before we share your personal information with them.

We may disclose your personal information to:
● our employees, agents or contractors as required;
● our business affiliates or related entities, including PVH Corp;
● professional advisers (such as lawyers, accountants, auditors) to the extent that is reasonably required;
● advertising, marketing, social media and promotional agencies that we engage;
● payment systems operators and financial institutions;
● debt collectors;
● third party service providers that provide us with communication (e-mail) or data storage services;
● technology services including application, development and technical support, processing, storing, hosting and data analysis;
● administrative services, including mailing services, printing, archival and contact management services;
● third party agents or contractors with whom we contract in the ordinary course of business;
● organisations authorised by Calvin Klein to conduct promotional, research or marketing activities;
● upon lawful request from law enforcement agencies or government authorities; and/or
● any persons acting on your behalf including those persons nominated by you, executors, trustees and legal representatives.
In all circumstances where your personal information is disclosed, we will take all steps reasonable to ensure that those third parties undertake to protect your privacy (for example, putting in place a data sharing agreement where this is reasonable).

In some circumstances, Calvin Klein may disclose your personal information to overseas recipients.

If this occurs, we take steps as are reasonable in the circumstances to ensure that the overseas recipient does not breach the relevant privacy laws in relation to that information.
Your personal information may be disclosed to other Calvin Klein entities, business partners and service providers in Australia and overseas.

Our service providers are mainly located in Australia, New Zealand and the United States of America. However, from time to time we may need to engage a service provider in another country. We may also be required to report to regulatory authorities, within or outside of Australia or New Zealand.

Your personal information may be stored in a secure and/or encrypted form overseas (e.g. in data storage and cloud computing facilities operated by us or by third parties on Calvin Klein’s behalf). By providing us with your personal information, you are agreeing to the disclosure of your personal information to third parties operating outside of Australia and New Zealand. Calvin Klein will take all reasonable steps to ensure that any personal information we disclose overseas is handled in accordance with the law.

Sometimes Calvin Klein may make the business decision to use third party platforms and service providers to process sales, provide web support, send marketing messages, deliver products or otherwise provide data storage and processing services. These services are hosted and managed by organisations other than ourselves, and some of these services are hosted overseas. These services may also involve geographic locations which change from time to time which include data protection and processing efficiency. Where these services are used by us, it may not be practicable for us to notify you of which country your personal information may be located in.

Business transfer clause

It is possible, moving forward, that there could be a change in our business ownership or structure (including but not limited to a merger, acquisition or sale of a portion of all or some of our assets, (including our customer databases)), or we may undertake a corporate reorganisation or other action or transfer the personal information we handle between Calvin Klein, PVHBA or related entities.

In the event that this should happen, you should be aware, that when you provide your personal information (by any means, whether verbal, written or electronic) or through your use of the Calvin Klein websites at any time, you are consenting to the future transfer of your personal information to a potential or actual new owner or successor entity so that services can be continued to be provided to you.

By agreeing to the terms of this privacy policy, you acknowledge that such transfer of your personal information may occur in the future, and that any new owner or successor entity can continue to handle your personal information as set forth in this privacy policy.



5. What choices can you make about your personal information?


Unsubscribe/Opt-Out

You can unsubscribe at any given moment via the ‘unsubscribe’ or ‘ opt out’ button below each email, or by requesting us to do so via the contact details set out below or in the relevant commercial message.

If you no longer wish to receive promotional emails or direct mail from Calvin Klein, you can contact privacy@pvhbrandsaustralia.com.au. A request to opt-out may take three to five business days to take effect. If you are a member of our VIP loyalty program, you may still receive communications related to your account, loyalty points or special officers (such as birthday discounts). An opt-out request will also not stop transactional emails related to your purchases.

If you no longer wish to receive the text messages that you had consented to previously, you can text “STOP” after receiving a message.

Access or correction of your personal information

You can unsubscribe at any given moment via the ‘unsubscribe’ or ‘ opt out’ button below each email, or by requesting us to do so via the contact details set out below or in the relevant commercial message.

You can request access to or correction of the personal information we hold about you at any time by contacting us at privacy@pvhbrandsaustralia.com.au. We we will provide you with that information unless we are prevented by law from giving it to you. If we are unable to give you access to the information you have requested, or make the correction you require, we will give you reasons for this decision when we respond to your request.

You will not be charged for accessing your information, although we might have to charge the reasonable cost of processing your request, including photocopying, administration and postage if required. We will advise you of any fee payable before we process your request.
If you believe that your personal information is not accurate, complete or up to date or you wish to request that we delete (or refrain from processing) any of your personal information that we handle, please contact our Privacy Officer.

Sale of personal information

At Calvin Klein, we do not share your personal information directly with third parties for their own marketing purposes in exchange for monetary consideration. However, as mentioned in this policy, we do engage in Interest-Based Advertising, where we allow third parties to place cookies, pixels, and trackers on our site to provide you with personalized ads. If you want to opt out of such advertising please contact privacy@pvhbrandsaustralia.com.au. The ‘Help’ section of your browser may tell you how to prevent your browser from accepting cookies.



6. How we protect your personal information


We hold personal information, both at our own premises in Australia and New Zealand, and with the assistance of our service providers. We have a number of security controls in place and we take all reasonable steps to ensure that your personal information is stored securely and is protected from misuse and loss or unauthorised access, modification or disclosure.

Our computer systems may be operated by us or by our service providers. In all cases, we have rigorous information security requirements aimed at eliminating risks of unauthorised access to, and loss, misuse or wrongful alteration of, the personal information that we handle.

Examples of these measures include:
● control of access to personal information through access and identity management systems (such as passwords); and
● Calvin Klein personnel are bound by and trained on internal information security policies and are required to keep personal information secure at all times.

Calvin Klein will retain the personal information that we collect about you for the period that you actively interact with us.

You are no longer considered to be actively interacting with us if, for a consecutive period of two (2) years, you have not purchased an item from us or have not visited one of our website(s).
After this two (2) year period we will only retain specific personal data that needs to be retained:
● in light of the purpose(s) for which it was obtained;
● if we are required to do so by law; or
● if this is necessary to protect our rights or legal position.

The personal information that we use to send you direct marketing communications will be retained and used by us until you opt-out from receiving those communications from us.

If we no longer require your personal information for any purpose, including legal purposes, we will take reasonable steps to securely destroy or de-identify your personal information.



7. Privacy Officer Contact


If you:
● have queries, concerns or complaints about the manner in which your personal information has been collected or handled by Calvin Klein; or
● would like to request access to, correction or deletion of the personal information we hold about you please contact our Privacy Officer:

On +61 2 9316 2800 or email us at privacy@pvhbrandsaustralia.com.au.

If you consider your privacy concerns have not been resolved satisfactorily by us, or you wish to obtain more information on privacy requirements, you can contact:

Privacy Commissioner (New Zealand) on 0800 803 909 or visit their website at www.privacy.org.nz.

This privacy policy is effective from August 2020. From time to time, our privacy policies and procedures will be reviewed and, if appropriate, updated. If any changes are made to this policy, these will be posted on our website. We are constantly developing and enhancing our use of online technologies and make reasonable efforts to ensure that we keep this Policy and related documents up to date in this regard. Please check back on a regular basis to ensure you are familiar with our current practices.