Terms & Conditions

february 2017

INTRODUCTION

This website at www.ghdhair.com, including any discussion forums contained on the website (“Site”) is operated by Jemella Limited (trading as ghd), a company incorporated in England and Wales (registered number 04115691) with its registered address at Bridgewater Place, Water Lane, Leeds, LS11 5BZ and Jemella Australia Pty Limited, a company incorporated in Australia (ACN 104 455 138), with its registered office at Level 3, 490-500 Adelaide Street, Brisbane QLD 4000, (collectively, “ghd ” or “we/us/our”).  ghd may be contacted at the above address.

We appreciate your interest in the products and services on the Site and your visit to the Site.

If you have any queries regarding the Site of any of the information or materials contained on or in it, please contact us by email at consumerservices@ghdhair.com.au or on 1300 443 424.

The use of this Site is subject to these Terms of Use which set out the basic rules that govern your use of the Site.  Please read the Terms of Use carefully. By using the Site you confirm your acceptance of these Terms of Use and to be bound by them.  If you do not agree to the Terms of Use, please do not use the Site.

TERMS OF USE

1. MODIFICATION

1.1We may change, edit, delete or revise the content of this Site from time to time, including these Terms of Use.  Please check this page for changes which have been made to the Terms of Use.  Your use of this Site after a change has been posted constitutes your acceptance of the amended Terms of Use.

1.2 We do not guarantee that the Site, any page or any content on the Site will always be available or be uninterrupted. We may also intentionally withdraw or restrict the Site or any part thereof at any time without notice.

2. TERMS OF SALE, REGISTRATION, ACCOUNTS AND PASSWORDS

2.1  These Terms of Use do not apply to the sale of goods via the Site.  Such sales are subject to our Terms of Sale, which can be accessed using the Terms of Sale tab at the top of this page.

2.2  Accessing certain services on the Site may require registration and the creation of an account.  Please ensure that the details you provide upon registration or at any time are complete and accurate, and inform us immediately of any changes to the details you provided when registering. You will not be able to create an account unless you are at least 16 years of age.

2.3  When you register for an account on the Site, you will be asked to create a password.  You agree to be responsible for maintaining the confidentiality of your account details and password, and for restricting access to your computer to prevent unauthorised access to your account.  You agree to promptly notify us if you have reason to believe that your account details or password have been lost, or if they are likely to be used in an unauthorised manner.  Please CLICK HERE. If you need to reset your password at any time. You are responsible for all activities that occur under your account or password, and, subject to clause ‎6.5, we will not be liable, directly or indirectly, for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section of the Terms of Use.

2.4  We reserve the right to suspend or terminate your use of the Site at any time, for any reason, without prior notification.

3. INTELLECTUAL PROPERTY

3.1  We are the owner or the licensee of all copyright, design rights, database rights, trade marks and other intellectual property rights in this Site, whether registered or unregistered, and in the material published on it.  Your use of the Site grants no rights to you in relation to our intellectual property rights or the intellectual property rights of third parties.  All such rights not expressly granted are reserved.

3.2  You may access this Site only to participate in the Site or make Contributions (as defined below) or to place an order for Products. Any other use is prohibited unless agreed to by us in writing. You agree not to change or delete any ownership notices from materials downloaded or printed from the Site.

3.3  Subject to the exceptions prescribed under the Copyright Act 1968 (Cth) or other applicable law, you may not modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, display, post, transmit or sell any content or intellectual property appearing on this Site.

3.4  If you print off, copy or download any part of this Site in breach of these terms of use, your right to use this Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

4. LINKS TO THIRD PARTY WEBSITES AND RESTRICTIONS

4.1  The use of third party websites is entirely at your own risk.  Links contained in the Site will lead to other websites not under our control, and we accept no liability for the content of any linked site or any link contained in a linked site.  Links provided on the Site are provided to you only as a convenience and the inclusion of any link does not imply reliability and endorsement by us of the content of any third party’s website.

4.2  These Terms of Use do not apply to any third party website linked to the Site.  You should read the terms and conditions of those websites before using them and direct any questions or comments about the linked website’s contents to the relevant website provider.

4.3  You are not entitled (nor will you assist others) to set up links from your own websites to the Site (whether by hypertext linking, deep-linking, framing, toggling or otherwise), nor may you frame the Site on a third party site, without our prior written consent, which we may grant or withhold at our absolute discretion.

4.4  You agree that when accessing the Site you shall not price scrape or harvest pricing either manually or by use of a web spider, web robot or any other web crawling or other technology.

4.5 You must not attempt to gain unauthorised access to the Site, or our servers, or any hardware supporting the Site. Nor must you attempt to reconfigure the Site in any way. For the avoidance of doubt, the full details of any offences committed by site users under Australian law will be reported to the relevant law enforcement authorities.

4.6 You must not misuse the site in any manner, including the introduction to the Site of any viruses, programmes or any other material that may be technologically harmful or malicious.

5. USER REVIEW AND CONTRIBUTIONS

5.1  Users of the Site may submit product reviews, profiles, images, portfolios, videos, instructions, comments, questions, feedback, ideas, suggestions or other information or materials via the Site or otherwise (collectively “Contributions”), so long as such Contributions comply with our contribution standards, set out below in clause ‎5.2(“Contribution Standards”).

5.2  Contribution Standards

5.2.1  These standards apply to any and all material which you contribute to this Site, and to any interactive services associated with it including our ghd Showcase and Salon & Stylist Feed.  You must comply with the spirit of the following standards as well as the letter.  The standards apply to each part of any contribution as well as to its whole.

5.2.2  Contributions must:

5.2.2.1  be accurate (where they state facts);

5.2.2.2  be genuinely held (where they state opinions); and

5.2.2.3  comply with applicable law in Australia.

5.2.3   Contributions must not:

5.2.3.1  contain any material which is defamatory of any person, obscene, offensive, hateful or inflammatory;

5.2.3.2  promote sexually explicit material;

5.2.3.3  promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

5.2.3.4  carry out, advocate, promote, assist any illegal act, including, but not limited to, violence or computer misuse or the infringement of the intellectual property rights of any other person;

5.2.3.5  be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

5.2.3.6  be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety or be likely to  harass, upset, embarrass, alarm or annoy any other person;

5.2.3.7  be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity or affiliation with any person; or

5.2.3.8  give the impression that they emanate from us, if this is not the case.

5.3  Failure to comply with the Contribution Standards constitutes a material breach of the Terms of Use upon which you are permitted to use this Site.  We will determine, in our discretion, whether there has been a breach of the Contribution Standards through your use of this Site.  If a breach of the Contribution Standards has occurred, we may take such action as we deem appropriate, including taking all or any of the following actions:

5.3.1  immediate, temporary or permanent withdrawal of your right to use this Site;

5.3.2  immediate, temporary or permanent removal of any posting or material uploaded by you to this Site;

5.3.3  issue of a warning to you;

5.3.4  legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

5.3.5  further legal action against you; and

5.3.6  disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

5.4  Any Contributions shall be and shall remain our property, and by making a Contribution to the Site you assign to us all worldwide rights, title and interest in all intellectual property rights in your Contributions.  Thus, we will own exclusively all such rights, title and interests in any Contributions, and shall not be limited in any way in its use, commercial or otherwise, of any Contributions.  We are and shall be under no obligation to maintain any Contributions in confidence, to pay any compensation or royalty for any Contributions, or to respond to any Contributions. If requested by us at any time, you will sign all documents required to effect, perfect or register the intellectual property rights assignment referred to in this clause.

6. DISCLAIMER OF LIABILITY

6.1  Whilst we have taken all reasonable steps to ensure the accuracy and completeness of the information on this Site, it is provided on an “as is” basis and we give no warranty and make no representation regarding the accuracy or completeness of the content of this Site.  Further, no warranty is given that the Site shall be available on an uninterrupted basis, and no liability can be accepted in respect of losses or damages arising out of such unavailability.

6.2  Access to and use of this Site is at the user’s own risk and we do not warrant that the use of this Site or any material downloaded from it will not cause damage to any property, including but not limited to loss of data or computer virus infection.  We accept no liability for viruses or other computer contaminants.  You are recommended to take all appropriate safeguards (such as installing appropriate anti-virus software) and firewalls before downloading information or images from the Site.

6.3  Subject to clause ‎6.5 below, we shall not be liable to you for any of the following (whether or not we were advised of, or knew of, the possibility of such losses) whether arising from any claim arising out of or in connection with the use of the Site, including without limitation, under any tort, including negligence, for breach of contract, for misrepresentation (other than fraudulent misrepresentation), intellectual property infringement or under any statute or otherwise:

6.3.1  any indirect, special or consequential losses;

6.3.2  any losses or damages arising out of changes made to the content of this Site by unauthorised third parties;

6.3.3  any loss of business, data, profits, revenue, goodwill, use or anticipated savings;

6.3.4  loss or damage to your, or any third party’s, data or records;

6.3.5  any actions taken in response to breaches of the Contribution Standards set out in clause ‎5.2 above; or

6.3.6  any delay in, or failure of, performance of our obligations under these Terms of Use arising from any cause beyond our reasonable control including any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion, failure in information technology or telecommunications services, failure of a third party (including failure to supply data) and industrial action.

6.4  Except as expressly provided in these Terms of Use , we exclude all representations, conditions, guarantees and warranties whether express or implied (by statute or otherwise) to the fullest extent permitted by law.

6.5  We do not seek to exclude or limit our liability to you for:

6.5.1  death or personal injury caused by our negligence;

6.5.2  fraud or fraudulent misrepresentation;

6.5.3  any consumer guarantees under the Australian Consumer Law as contained in the Competition and Consumer Act 2010 (Cth) ("ACL") or any other equivalent competition or consumer law ("Non Excludable Condition");

6.5.4  any liability arising under the ACL to the extent that such liability may not be limited or excluded; or

6.5.5  any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

6.6 Notwithstanding where legislation implies into these Terms of Use a Non Excludable Condition, to the fullest extent permitted by the ACL or any other equivalent competition or consumer law, our liability for any loss or damage you may incur or suffer in connection with your use of the Site is limited to one of the following (at our election):

6.6.1 our re-supply of equivalent services; or

6.6.2 payment of the cost of re-supply of equivalent services.

6.7 Nothing in these Terms of Use purports to modify or exclude the conditions, warranties, guarantees and undertakings, and other legal rights, under the ACL and other laws which cannot be modified or excluded.

7. MISCELLANEOUS

7.1  These Terms of Use are governed by the laws of Queensland, Australia and only the courts of Queensland, Australia will have exclusive jurisdiction with respect to any dispute arising under or in relation to them.

7.2  If any provision of these Terms of Use is found to be invalid or unenforceable by a court, it will be severed from the rest of these Terms of Use which shall remain unaffected.

7.3  No delay or failure by us to exercise any powers, rights or remedies under these Terms of Use will operate as a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them.

7.4  Please read the terms of the Privacy Policy which contains important information about the use of the personal information you provide when using this Site.

7.5  Competitions or other promotional features which may be made available through this Site from time to time may also have specific terms and conditions.  You will need to read and accept these before making a submission.

TERMS AND CONDITIONS OF SALE  

1. DEFINITIONS

1.1 When the following words with capital letters are used in these Terms, they have the meaning set out below:

(a) Australian Consumer Law: means Schedule 2 of the Competition and Consumer Act 2010 (Cth).

(b) Event Outside Our Control: is defined in clause 10.2;

(c) Order: your order for the Products via the website;

(d) Products: the goods and/or gift cards that We are selling to you;

(e) Terms: the terms and conditions set out in this document; and

(f) We/Our/Us: Jemella Australia Pty Limited, trading as ghd, of PO Box 15516, City East, Queensland 4002.

1.2 When We use the words "writing" or "written" in these Terms, this will include e-mail unless We say otherwise.

2. OUR CONTRACT WITH YOU

2.1 These are the terms and conditions on which We supply Products to you.

2.2 Please ensure that you read these Terms carefully and check that the details of your Order are complete and accurate before you submit the Order.

2.3 These Terms and the Order constitute the whole agreement between you and Us.

2.4 When you submit the Order to Us, this does not mean We have accepted your Order. Our acceptance of the Order will take place as described in clause 2.5. If We are unable to supply you with the Products, We will inform you of this and We will not process the Order.

2.5 These Terms will become binding on you and Us when We issue you with a written acceptance of an Order, at which point a contract will come into existence between you and Us.

2.6 We shall assign an order number to the Order and inform you of it when We confirm the Order. Please quote the order number in all subsequent correspondence with Us relating to the Order.

3. CHANGES TO ORDER OR TERMS

3.1 We may revise these Terms from time to time so you should check the Terms prior to placing any future Order.

3.2 If you wish to cancel an Order before it has been fulfilled, please see your right to do so in clause 12.

4. DELIVERY OF PRODUCTS

4.1 Please note that timescales for delivery and delivery charges will vary depending on the availability of the Products (including any pre-orders) and your address. Please consult the “Payment & Delivery” section of the website.

4.2 Delivery of an Order shall be completed when We deliver the Products to the address you gave Us.

4.3 If We are not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, We will, except where your Order includes a pre-order, deliver the Order in instalments. We will not charge you extra delivery costs for this. However, if you ask Us to deliver the Order in instalments, We may charge you extra delivery costs. Each instalment shall constitute a separate contract governed by these Terms. If We are late delivering an instalment or one instalment is faulty, that will not entitle you to cancel any other instalment.

4.4 The Products will be your responsibility from the completion of delivery.

4.5 You own the Products once We have received payment in full.

4.6 On delivery of your Order please check the Products against the delivery note or covering email in the case of gift cards. If there is any discrepancy or if any Product is damaged please contact us within 7 days of receipt.

4.7 If you have not received your Order within 7 days of receiving the order confirmation please contact us.

5. IF PRODUCTS ARE FAULTY

As a consumer, you have legal rights in relation to consumer guarantees implied by the Australian Consumer Law. Nothing in these Terms will affect these legal rights.

6. OUR WARRANTY

6.1 We warrant that on delivery and for the period set out below, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 6.2.

6.2 This warranty does not apply to any defect in the Products arising from:

(a) fair wear and tear;

(b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;

(c) if you fail to operate or use the Products in accordance with the user instructions; and

(d) any alteration or repair by you or by a third party.

6.3 This warranty is in addition to your legal rights in relation to the consumer guarantees implied by the Australian Consumer Law .

7. GIFT CARDS

7.1 Gift cards are only redeemable for goods on this website and may not be used to purchase further gift cards or exchanged for cash.

7.2 After making a purchase with your gift card no change will be given but any remaining balance may be applied to future purchases.

7.3 Gift cards will expire 12 months from the date purchase. At expiry, any remaining balance will be lost.

7.4 Gift cards may only be used to buy products from the same ghd country website as the gift card was bought from. For example, a gift card bought on the Australian part of our website can only be used to buy goods from the Australian part of our website.

7.5 Please protect your gift card and treat it as though it is cash. We cannot be responsible for gift cards that are lost, stolen or damaged.

7.6 If any goods purchased with a gift card are exchanged or refunded, any money owed to you will be added to the balance on a gift card.

8. PRICE AND PAYMENT

8.1 The price of the Products will be the price in force at the time We confirm your Order. Our prices may change at any time, but price changes will not affect Orders that We have confirmed with you.

8.2 All prices include GST.

8.3 Depending on the method of delivery you select the prices for the Products may exclude delivery costs, which will be added to the total amount due. Please see the “Payment & Delivery” section of the website.

8.4 You must make payment for Products by credit or debit card or, if using Paypal, another method accepted by Paypal. We will collect funds from you when We despatch the Products.

9. OUR LIABILITY TO YOU

9.1 Subject to clauses 9.2, 9.3 and 9.4 if We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of Our breach of the Terms or Our negligence in each case up to the value of the applicable Order, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and Us at the time we entered into the contract.

9.2 We do not exclude or limit in any way Our liability for:

(a) death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;

(b) fraud or fraudulent misrepresentation;

(c) breach of the consumer guarantees implied the Australian Consumer Law; and

(d) defective products under the Consumer Protection Act 1987.

9.3 Except as expressly provided in these Terms and except for any condition or warranty the exclusion of which could be void or otherwise contravene the Australian Consumer Law or any other equivalent competition or consumer law in the Australia (Non Excludable Condition), We disclaim all conditions, warranties and representations, either express or implied with respect to the Products.

9.4 Subject to any warranty provided by Us in respect of the Products and notwithstanding where legislation implies into these Terms a Non Excludable Condition, to the fullest extent permitted  by the Australian Consumer Law or any other equivalent competition or consumer law in Australia, Our liability for a breach of a Non-Excludable Condition (at our election) is limited to the replacement of the Products, supplying equivalent Products, payment of the cost of replacing the goods or of acquiring equivalent Products or the payment of the cost of having the Products repaired.

10. EVENTS OUTSIDE OUR CONTROL

10.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.

10.2 An Event Outside Our Control means any act or event beyond Our reasonable control, including strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.

10.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:

(a) We will contact you as soon as reasonably possible to notify you; and

(b) Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our delivery of Products to you, We will arrange a new delivery date with you after the Event Outside Our Control is over.

11. PROMOTIONS

11.1 No promotion, discount or promotional code available for redemption on the website may be used in conjunction with another offer.

11.2 Only one promotional code can be used per Order.

11.3 A promotional code cannot be applied to an Order after it has been placed.

12. YOUR CANCELLATION RIGHTS

12.1 You have a right to cancel a contract at any time between placing your Order and 14 days from the day after the day you receive your order. If you wish to cancel the contract, you must let Us know by telephone or in writing and then return the Products to Us at your own cost. We shall provide you with a refund of the price paid for the Product within 14 days of the date we receive the Products or, if earlier.

13. OUR CANCELLATION RIGHTS

We may have to cancel an Order before the Products are delivered, due to an Event Outside Our Control or the unavailability of stock. We will contact you as soon as reasonably possible if this happens and offer you a choice of a refund or an alternative product.

14. INFORMATION ABOUT US AND HOW TO CONTACT US

14.1 We are a company based in Australia. Our registered office is at PO Box 15516, City East, Queensland 4002.

14.2 If you have any questions or if you have any complaints, please contact Us. You can contact Us by telephoning Our customer service team on 1300 443 424 or by e-mailing Us using the contact form on the website.

14.3 If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing, you can send this to Us by e-mail, by hand or by pre-paid post to the address set out in clause 14.1. We will confirm receipt of this by contacting you in writing. If We have to contact you or give you notice in writing, We will do so by e-mail, by hand or by pre-paid post to the address you provide to Us in the Order.

15. HOW WE MAY USE YOUR PERSONAL INFORMATION

We will use the personal information you provide to Us in accordance with the Privacy Policy set out on this website.

16. OTHER IMPORTANT TERMS

16.1 We may transfer Our rights and obligations under these Terms to another organisation and We will always notify you in writing if this happens.

16.2 You may only transfer your rights or your obligations under these Terms to another person if We agree in writing.

16.3 This contract is between you and Us. No other person shall have any rights to enforce any of its terms.

16.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining terms will remain in full force and effect.

16.5 If We fail to insist that you perform any of your obligations under these Terms, if We do not enforce Our rights against you or if We delay in doing so that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you We will only do so in writing and that will not mean that We will automatically waive any later default by you.

16.6 These Terms are governed by the laws of the State of Queensland and where applicable, the Commonwealth of Australia. You and We both agree to submit to the non-exclusive jurisdiction of the courts of Queensland.

Jemella Australia Pty Ltd ACN 104 455 138  (trading as ghd) – Privacy and Cookies Policy

We regard the privacy of our users as very important and any personal information which you provide to us will be dealt with in accordance with this Privacy and Cookies Policy. This Privacy and Cookies Policy sets out how we collect, use and protect any personal information that we obtain about you through your use of this Site. If you have any questions about this policy or do not agree with it, please contact us by e-mail at consumerservices@ghdhair.com.au or on 1300 443 424 before using this Site.

We may change this Privacy and Cookies Policy from time to time by updating this page. You should revisit this page from time to time to re-read this Privacy and Cookies Policy and ensure you are happy with any changes. Your continued use of this Site and provision of further personal information constitutes your deemed acceptance of any updated Privacy and Cookies Policy. This Privacy and Cookies Policy is effective from December 2014.

1. What personal information do we collect?

In general, and unless you register with us and create an account, you can use this Site without giving us any personal information. However, we may gather certain (non-personal) information such as records of your activity on the Site without you registering with us and giving us personal information.

Additional services may be available if we have certain information about you and we will collect certain personal information from you when you register with us. We may collect and use the following personal information about you:

• your name and contact information (including postal address, e-mail address and telephone number) and any other contract details you provide to us;
• financial information including card payment details;
• information that you provide when you register and create an account with us;
• information provided by salons when you purchase a ghd product from that salon,
• information you provide if you report a problem with our Site;
• records of any orders for products and/or services that you place through the Site;
• records of any correspondence when you contact us;
• records of any ghd competitions or promotions that you enter; and
• details of your visits to the Site including, but not limited to, traffic data, location data and communication data and the resources that you access.

This is not an exhaustive list and additional information may be collected as part of undertaking our business.

In addition to collecting personal information directly from you, we may also collect personal information from other sources including from third parties, from publically available sources of information, from this Site, from competitions and when we are required to do so by law.

1. What do we do with the personal information we collect?

We use your personal information to provide you with a better service, and in particular for the following reasons:

• to facilitate use of the products and services we may provide to you;
• to process and collect payments from you where you purchase products from the Site;
• internal record keeping;
• to improve our products and services;
• to improve and personalise your experience when you visit the Site;
• to advertise certain products which we think you might be interested in to you when you visit the Site or other external sites;
• to communicate with you by e-mail, telephone or post if you have ordered or purchased products from us, either regarding the order or purchase or other matters regarding transactions between us or your customer relationship or account (if you have one) with us;
• to contact you regarding any specific enquiry you make;
• statistical analysis;
• to contact you by e-mail, telephone or post in order to share information with you about products, services, promotions and events which we believe may be of interest to you or to request your feedback on our products and services from time to time;
• to carry out direct marketing or e-mail marketing; and
• to contact you for market research purposes, if you have not objected to such use.

1. Whom do we share this information with?

Your personal information will be used for the above purposes by relevant staff in ghd and by those who support them in their roles. It will also be made available to our authorised service providers who work with us and who perform certain services on our behalf e.g. providing IT support and maintenance, providing customer services, providing hosting services, providing marketing services and providing online payment services. These service providers may have access to personal information needed to perform their functions on our behalf but are not permitted to share or to use such information for any other purpose. ghd may also share limited personal information with other companies within the ghd group of companies e.g. to the extent needed for proper management and parental analysis and decision making.

ghd may also disclose your personal information:

• In response to a court order, or a request for cooperation from a law enforcement or other government agency; to establish or exercise its legal rights; to defend legal claims; or as otherwise required or permitted by applicable laws and/or regulations;
• When ghd believes that disclosure is appropriate in connection with efforts to investigate, prevent, or take action regarding illegal activity, suspected fraud, or other wrongdoing; to protect and defend the rights, property or safety of ghd, its customers, staff, suppliers or others; to comply with applicable law or co-operate with law enforcement; or to enforce its terms or other agreements; and
• To prospective or actual buyers in the event that ghd sells any of its business or assets.

Other than as set out above, we will not transfer, disclose, sell, distribute or lease your personal information to third parties unless we have your permission to do so or are otherwise required or permitted to do so by law.

1. Direct marketing and your preferences

ghd and (if you agree to our sharing your personal information with them) other members of the ghd group of companies may wish to provide you with information about new products, promotions, special offers and other which may be of interest to you and invite you to take part in market research. This communication may occur by post (unless you have asked us not to do so) and if you agree, by telephone, email or SMS.

ghd will ensure that any direct marketing or market research that you receive or are contacted about by electronic means will include an ‘unsubscribe’ facility, such as a link or an email address to which you can send an opt-out request. ghd and members of the ghd group of companies will stop any marketing to which you object or withdraw your consent to. You can change your mind at any time about marketing by informing ghd using the contact details set out at the top of this notice. In such cases ghd would not necessarily remove all your personal data from its database(s) but would note and respect your changed direct marketing preferences.

1. How to get copies of or amend the information we have collected

You may request details of personal information which we hold about you at any time. If you would like a copy of the information held on you please contact us at ghd, Level 3/ 490 Adelaide St. Brisbane, Queensland 4000, Australia.  We will provide this information to you unless there is a reason at law (including under the Privacy Act) for this information to be withheld..

If you believe that any personal information we have about you is incorrect or incomplete, please write to or e-mail us as soon as possible. We will correct or update any personal information as soon as possible.

Alternatively, you may correct any inaccuracies in the personal information you have provided to us by signing in to your online account.

1. Security and storage

Please remember that the internet is not a secure medium. Communications over the internet such as e-mails are not secure unless they have been encrypted.

We have used our best endeavours to put in place physical, electronic and managerial procedures to safeguard and secure the personal information we collect online. We use industry standard encryption technologies when collecting or transferring customer credit card information exchanged with our Site server - all your card details are passed from your browser to our secure payment gateway using secure sockets layer (SSL) encryption. Our payment gateway provider use secure sockets layer (SSL) encryption system. All other information transferred is conducted through a secure connection.

Where we have given you (or where you have chosen) a password which enables you to access certain parts of the Site, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

1. Cookies

We use cookies for certain areas of our Site, including but not limited to session cookies, third party cookies and persistent cookies. Cookies are files that store information on your hard drive or browser that mean that our Site can recognise that you have visited the Site before and which are used to facilitate access to the Site, to tailor your experience of the Site and to allow you to move through processes including the payment processes on the Site. They make it easier for you to maintain your preferences on the Site (including by renumbering your log in details when you access restricted areas of our Site), and by seeing how you use the Site, we can tailor the Site around your preferences and measure usability of the Site. You can find out more information about the different types of cookies at www.allaboutcookies.org. Please refer to the paragraph and link below for further detailed information about the cookies that we use on our Site.

We use cookies to:

• place advertisements for our products on other external sites. We do this by allowing third parties including Google and Adserve to place cookies on our Site which allows them to identify your visit to our Site and preferences shown whilst on it, and your visits to subsequent third party websites in their adserving network. This allows us to serve tailored advertisements to you on those third party websites based on the information we have collected on your interests whilst you were visiting our Site.
• help the Site to function correctly and ensure that the ‘add to basket’, navigation and country site settings are maintained.
• monitor the Site’s performance and ensure that we deliver a fast browsing experience.
• allow you to share content with social networks, express interest in content and connect with your social media networks.
• to allow us to collect anonymous data about Site usage to help us improve the usability, content and user experience of the Site. This includes site analytics cookies such as Google Analytics. We also use Google Analytics to collect information about your online activity on the Site, such as the web pages you visit, the links you click, and the searches you conduct on the Site. We use the information to compile reports and to help us improve the site. The cookies collect information in an anonymous form, including the number of visitors to the Site, where visitors have come to the site from and the pages they visited. For more information about the information gathered using Google Analytics please visit http://www.google.com/intl/en_uk/analytics/tos.html
• to assess third party conversion by allowing us to collect anonymous data about how our marketing is performing.

Please click here for more detailed information about each type of cookie used on the Site, its purpose and whether it operates as a session or persistent cookie.

Most browsers automatically accept cookies, but you can usually modify your browser settings to decline cookies. You may delete or decline cookies by changing your browser settings. (Click “Help” in the toolbar of most browsers for instructions or review the cookie management guide produced by the Interactive Advertising Bureau – www.allaboutcookies.org.) If you do so, some of the features and services of the Site may not function properly. To opt out of being tracked by Google Analytics across all Sites visit http://tools.google.com/dlpage/gaoptout. Your continued use of the Site will be treated as consent to the use of these cookies for the purposes described.

1. Will my personal data be transferred abroad?

We may transfer and process your personal information on a server or servers located in the UK and other countries outside of Australia. By using this site and submitting your personal information you consent to this transfer and storage. 

While we have privacy rules in place to protect your personal information, recipients outside Australia may not be subject to privacy obligations or to any principles similar to the Australian Privacy Principles.  Overseas recipients may also be subject to foreign laws which could compel disclosure of personal information to a third party, for example an overseas authority. If you consent to the disclosure and the overseas recipient handles the information in breach of the Australian Privacy Principles, you will not be able to seek redress under the Privacy Act, may not be able to seek redress in the overseas jurisdiction and we will not be accountable under the Privacy Act.

If we transfer your personal information to a person, company, office, branch, organisation, service provider or agent in another country, we will take steps which are reasonable in the circumstances to make sure that we have appropriate security and privacy measures in place with such third parties covering how they hold and maintain any personal information on our behalf.

If at any time you wish to withdraw your consent, contact our Privacy Officer.  However, we may not be able to provide the services or information you have requested in whole or in part or those services or information may be compromised.

1. Dealing with a complaint

If you make a complaint about a privacy matter, our Privacy Officer will respond as soon as possible (but within 14 days) and advise you who in our company will have responsibility for investigating and managing your complaint. 

We will try to resolve your complaint within 30 days of receiving it.  If this is not possible, we will contact you and provide you with an estimate of the time it will take to investigate and manage the complaint.

1. Contact information

Our Privacy Officer

You should also contact our Privacy Officer if:

• you believe someone has gained access to your Personal Information;
• you think that your account number, username or password have been compromised (in which case you should also immediately change your password); or
• you believe we have breached our privacy obligations or your privacy rights in any way;
• you would like further information on our Privacy Policy; or
• you have any concerns over the protection of the Personal Information you have given to us or that we have collected from others.

Our Privacy Officer can be contacted as follows:

Attention:         The Privacy Officer

Mail:                PO Box 15516 City East, Queensland, Australia 4002

Email:             consumerservices@ghdhair.com.au

Privacy Commissioner

More information about your rights and our obligations in respect to privacy and information on making a privacy complaint are available from the Office of the Australian Information Commissioner at:

Website:           www.oaic.gov.au

Post:                GPO Box 5218 Sydney NSW 2001

Email:              enquiries@oaic.gov.au

12 DAYS OF GOOD HAIR DAYS

- The 12 Days of good hair days Christmas competition will run from the 6^th December - 17^th December 2018

- Each giveaway/offer will run for up to 24 hours from the time it is announced until 12pm (AEST) the following day.

- Giveaways are open to Australian and New Zealand residents only, aged 18 years or over.

- Prizes will not be sent internationally other then the above stated residential region under any circumstances

- Nominated entrants have to be nominated in separate comments in order to be included

- No businesses allowed to enter for the purposes of reselling for profit

- In the spirit of the giveaways being Christmas giveaways, not an opportunity for personal financial gain. Individuals please do not enter for the purposes of re-selling prizes. If you do not need or want the prize for that day, please do not enter, leave it for people who really do want it!

- Results are final, no conversation will be entered into regarding winners.

- All entrants must enter following the entrance guidelines, no other forms of entry will be accepted, please contact us if you are having troubles for whatever reason. Will do our best to help, but can not guarantee anything.

- We acknowledge that the promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram. You acknowledge that all information and material that you submit to enter this Promotion is submitted to the Promoter and not Instagram and you agree that Instagram shall not be liable to you in any way in respect of this Promotion.

- By entering the competition each entrant agrees to be bound by these terms and conditions.

- The winners agree to take part in reasonable post event publicity and to the use of their names and photographs in such publicity.

- The Promoter will use any data submitted by entrants only for the purposes of running the competition, unless otherwise stated in the entry details. By entering this competition, all entrants consent to the use of their personal data by the Promoter for the purposes of the administration of this competition and any other purposes to which the entrant has consented.

- The winner will be notified via Instagram each day after the unique giveaway the day before. The winner must send their details to marketing@ghdhair.com.au to have their prize sent to them.

- The prizes are non-transferrable and no cash alternative will be offered.

Slavery and Human Trafficking Statement

Introduction from the CEO

As a business we are proud of the steps we have taken to combat slavery and human trafficking in our supply chains and are committed to continuing to take a robust approach to this issue.

We regard slavery and human trafficking as a serious abuse of an individual's freedoms and rights and will not tolerate such abuse, whether in our direct operations, our indirect operations or in our supply chain.

Our Business

We design, manufacture and distribute hair styling products and we are a part of the ghd Group. Our ultimate parent company is Coty Inc, a US company listed on the New York Stock Exchange. ghd has over 700 employees worldwide and operates in countries throughout the world.

Organisation's Structure

1. Executive Board;
2. New Product Development;
3. Marketing;
4. Logistics;
5. Manufacturing;
6. Quality;
7. People;
8. Finance;
9. Legal;
10. IT;
11. Digital;
12. Procurement.

Our Supply Chain

Our supply chain includes outsourced manufacturers based in Europe and the Far East together with specialist component suppliers located throughout the world.

Our Policy on Slavery and Human Trafficking

We are committed to ensuring that there is no slavery or human trafficking in our supply chains or in any part of our business. Our policies reflect our commitment to acting ethically and with integrity in all our business relationships and to implementing and enforcing effective systems and controls to ensure slavery and human trafficking is not taking place anywhere in our supply chain.

Due Diligence Processes for Slavery and Human Trafficking

As part of our initiative to identify and mitigate risk we ensure that all of our key suppliers are regularly audited to ensure adherence to our policies, this is undertaken both on site and remotely using our in house quality team.

We have in place systems to:

1. identify and assess potential risk areas in our supply chains;
2. mitigate the risk of slavery and human trafficking occurring in our supply chains;
3. monitor potential risk areas in our supply chains;
4. protect whistle blowers.

Supplier Adherence to Our Values and Ethics

We adopt a zero tolerance approach to slavery and human trafficking and to ensure all those in our supply chain comply with our values we have a quality compliance programme in place. This programme includes regular supplier assessments to ensure adherence to these requirements.

Our Effectiveness in Combating Slavery and Human Trafficking

We ask each of our key suppliers to complete a questionnaire to enable us to understand their operating practices. We seek full compliance with our policies, particularly in relation to labour matters. To ensure continuing adherence to our policies on an annual basis a selection of suppliers are then audited. Should deficiencies be identified at any point we insist that an improvement programme to be put in place.

This statement is made pursuant to section 54(1) of the Modern Slavery Act 2015 and constitutes our Group's slavery and human trafficking statement.

Jeroen Temmerman

CEO

ghd