Hawaiian Marketplace Privacy Policy

This Privacy Policy ("Privacy Policy" or "Policy") explains Hawaiian Pty Ltd and its related bodies corporates’ (together “we”, “us”, “our” or “Hawaiian”) privacy and information practices for our websites (including our Hawaiian Marketplace site www.hawaiianmarketplace.com.au), mobile applications (together, "Online Services"), and properties.

This Policy describes the types of personal information collected, how that personal information is used and disclosed, and how you can access, modify, or delete your personal information.

When referring to "you", we are referring to Hawaiian’s staff, tenants, tenant employees, shoppers, guests, contractors and appointed agents. Personal information has the meaning given to that term under the Privacy Act 1988 (Cth) (“Privacy Act”).

This Privacy Policy was last updated on [1 August 2020]. It is effective immediately for all new and pre-existing users of our Online Services, all Hawaiian staff, tenants and contractors using any Hawaiian system.

INFORMATION COLLECTED

We may collect personal information from you when you:

  • use our Online Services;
  • visit our centres;
  • rent or lease one of our properties;
  • purchase our products or services;
  • provide us with your products and services; or
  • apply for a role with us.

Please note that employee records are exempt from the Australian Privacy Principles and the Privacy Act.

Online Services. When using our Online Services, you may provide information directly, such as by filling out a form, purchasing a product from our Hawaiian Marketplace, completing a "contact us" query or signing up for newsletters or other communications. Additionally, you may choose to provide your location when using our Online Services.

We may also collect information from you automatically when you use our Online Services, including:

  • the time and duration of your visit;
  • the referring URL;
  • your Internet Protocol (IP) address;
  • the type of device you use and its operating system;
  • your advertising ID (e.g., AAID and IDFA); and
  • other device identifiers.

We may also collect your personal information when you purchase an item from our online Hawaiian Marketplace.  In this regard, we may collect:

  • your first and last name;
  • your address;
  • your contact number;
  • your email address; and
  • any payment details, including credit card number.

Cookies and Similar Technologies. Hawaiian and its partners use cookies, web beacons, and similar technologies when you use our Online Services.

We also use Google Analytics services and cookies to help improve and maintain website performance, develop new services, measure the effectiveness of advertising, protect against fraud and abuse, and personalise content and ads you see on our website.  The cookies collect information in an anonymous form, including the number of visitors to our website, where visitors have come to the website from, and the pages they visited.  We do not use any of the information that is provided to Google Analytics to identify visitors to our website.  You can see how Google Analytics collects and processes data by visiting the link [here].

In Our Properties. We may use Bluetooth (BLE) beacons, Wi-Fi, and similar technologies within some of our centres that may communicate with your (mobile) device and identify its location if the device has Bluetooth and/or Wi-Fi enabled and is properly configured. As a result, we may collect your Wi-Fi and/or Bluetooth MAC address and send BLE signals to your device. To opt out of BLE beacons and/or the collection of your MAC address, turn off your device Bluetooth and Wi-Fi capabilities.

Wi-Fi. If you use one of the Wi-Fi networks in our centres, we will collect personal information from you in order to log you onto the network, including your name and email address. We may also collect information about your use of the Wi-Fi, such as the web pages you visit, your MAC or IP address, and your location while using the Wi-Fi.

Guest Services Managers. If you have an interaction with one of our Guest Services Managers in centre, we may collect information from you to facilitate the products or services you request.

Third-party Sources. Hawaiian may obtain information about you from third parties and/or link the information we collect from you to additional records made available by third parties.

HOW INFORMATION IS USED

Hawaiian uses the personal information it collects for the following purposes:

Providing Hawaiian products and services. We use the personal information we collect to perform essential business operations, including:

  • understanding usage patterns (such as foot traffic) within our centres;
  • developing, providing, improving, and personalising Hawaiian products and services, including online services such as the Hawaiian Marketplace (but not limited to);
  • providing customer support; and
  • administrative purposes.

Communications. We use personal information we collect to:

  • deliver and personalize communications (including marketing communications) through various channels, including email, SMS messaging, push notifications, and other channels where you have consented to receiving communications from Hawaiian; and
  • answer your enquiries and provide information to you.

Advertising. Hawaiian uses the personal information you provide us to help us tailor and show advertisements to you. We may partner with third parties to help us display relevant advertising and to manage our advertising across multiple channels. Our third-party partners may use cookies and non-cookie based technologies in order to help us show you advertising based upon your browsing activities and interests.

Other. In addition, we may use your personal information:

  • to update our records and to keep your contact details up to date;
  • to assess any job applications;
  • to process payments for our products and services;
  • to comply with any law, rule regulation, lawful and binding determination, decision or direction of a regulator, or in co-operation with any governmental authority of any country; and
  • for any other purpose as authorised by you from time to time;

SHARING PERSONAL INFORMATION

Service Providers. We may share personal information we collect about you with:

  • third parties who provide services on our behalf to help with our business activities (e.g, payment processing, data storage, market research, hosting and customer support services, Hawaiian tenants); or
  • service providers that help us market our products or services to you and to tailor and deliver advertisements to you.

Disclosure for Legal Reasons. We may disclose personal information when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or comply with the law, including valid legal requests from private parties, law enforcement, or other government agencies (e.g., subpoena, summons, or court order).

Change of Ownership. If Hawaiian is involved in a merger, acquisition, dissolution, or sale of all or a portion of its assets, we reserve the right to transfer your personal information. You will be notified via a prominent notice on our website of any change in ownership and choices you may have regarding your personal information.

Other.  We may also disclose your personal information for any other authorised purpose with your express consent.

YOUR PRIVACY CHOICES

We enable you to maintain control of your privacy by providing choices about what personal information you provide us and how we communicate with you, and by providing access to your personal information.

Choice: You have choices about what personal information you provide Hawaiian. Where personal information is required, it will be marked as such. If the information input fields are not marked as required, providing the relevant information is optional. Note that failing to provide some of the requested personal information may limit your use of our products or services.

You may opt out of communications at any time by clicking "unsubscribe" at the bottom of the email, following instructions provided in the communication.

Access. You may access, correct, or delete your personal information by contacting us using the contact details below.

We will endeavour to provide you with access to your personal information wherever possible. Note that in some cases we may not be able to provide you access, such as where providing access would be unreasonably difficult or would compromise the privacy of others.

DATA RETENTION

Hawaiian retains the information we collect for as long as necessary to conduct our business operations to provide the products and services you have requested, or for other essential purposes such as complying with legal obligations, resolving disputes, and enforcing our agreements.

OFFSHORING

Your personal information may be disclosed to entities located outside of Australia for some of the purposes listed in this Privacy Policy. Including the following:

  • our data hosting and other IT service providers, located in Ottawa, Canada (Shopify) and San Francisco, America (Stripe).

We take reasonable steps to ensure that the overseas recipients of your personal information do not breach the privacy obligations relevant to your personal information. These include but are not limited to:

  • applying in accordance with PCI and GDPR / NDP best practise guidelines
  • consulting legal advice from Norton Rose Fulbright Australia

INFORMATION SECURITY

The security of your personal information is important to us and we strive to protect the personal information you provide us from misuse, interference, loss, unauthorised access, alteration, deletion and unauthorised disclosure. While we follow generally accepted security standards to safeguard the information submitted to us, it is not possible to guarantee the security or integrity of information. Therefore, we encourage you to take precautions to protect your information, including protecting your passwords, using secure networks to access the Internet, and logging out of online services when you are away from your device.

LINKS TO OTHER WEBSITES

Hawaiian's products and services may contain links or references to other websites or companies not operated or controlled by Hawaiian. The policies and procedures described here do not apply to those third parties. Links or advertisements do not imply that Hawaiian endorses or has reviewed such third parties or their privacy practices. Visit those third parties' websites or contact them directly for information on their privacy policies.

CHANGES TO THIS PRIVACY POLICY

We may update this Privacy Policy to reflect changes to our information practices. If we make any material changes we will place a notice on our website prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices. Your continued use of Hawaiian products or services, including our Online Services, after any changes or revisions to this Policy indicate your agreement with the revised terms.

CONTACT US

If you have questions or complaints regarding our privacy practices or this Privacy Policy or would like to exercise your rights as explained in this Policy, please contact us at marketplace@hawaiian.com.au.

If together we cannot resolve an issue, please feel free to contact the Office of the Australian Information Commissioner.