Privacy Policy

This Privacy Policy applies to the collection, storage, use and disclosure by BlackMilk Clothing Pty Ltd (ACN 87 140 574 009) (BlackMilk, we, our, us) of your (You, Your) personal information.

Access to Blackmilkclothing.com (Site) is conditional on your acceptance of the terms of this Privacy Policy. This Privacy Policy forms part of our Terms and Conditions and by using the Site, you confirm that you have read and agree to comply with these Terms and consent to the collection, storage, use and disclosure of your Personal Information in accordance with those Terms.  This Privacy Policy applies to information provided to us whether via our Site or by any other means. If you are under the age of 16, you must obtain the consent of your parent or guardian prior to using this Site.

You can withdraw your consent at any time by contacting our Privacy Officer at privacy@blackmilkclothing.com.

At BlackMilk, we value your privacy and treat any Personal Information (as defined in the Privacy Act 1988 (Cth)) that you give to us with the utmost care and respect.  This Privacy Policy has been developed to comply with the Privacy Act 1988 (Cth).  We have also taken steps to ensure that, if you tell us you are located in the European Union, we will seek to give you the protections available to you under the General Data Protection Regulation. Together, we refer to these two pieces of legislation as “Privacy Law”.  Where lawful and practical, you have the right to remain anonymous or to make use of a pseudonym. However, if you choose to remain anonymous or to use a pseudonym, we may not be able to provide you with access to some or all of our products or services.

The following Privacy Policy explains what information we collect and what we use it for.

Collection and Use of Personal Information

We collect information from you when you use our Site, order our products on our Site, subscribe to our newsletter or upload photos to our Site.  When ordering products or registering on our Site, we may ask you to provide your name, e-mail address, credit card details, transaction details, mailing address, phone number and other information which we may reasonably require in order to provide our products and services. By providing Personal Information to us, you warrant that you have all necessary consents and authorisations required to provide that information.

Where reasonable and practical to do so, we collect Personal Information directly from you. We may also collect Personal Information from third parties such as your representatives or publicly available sources of information. All Personal Information that we or our related bodies corporate collect, is reasonably necessary for the purposes relating to providing our services to you.  If someone other than you provides us with personal information about you that we did not ask for and we determine that we could have collected this information from you had we asked for it, we will notify you, as soon as practicable.

We may also collect and use non-personal information such as the identity of your Internet browser, the type of operating system you use, your IP address and the domain name of your Internet service provider to optimise the provision of our goods and services to you.

Some Personal Information (e.g. race, ethnicity, health information etc.) is considered sensitive and requires a higher level of protection under the Privacy Law.  We do not collect sensitive information unless we have your express consent and the collection is reasonably necessary for us to pursue one or more of our functions or activities, or where the information is required or authorised by law or necessary for the establishment, exercise or defence of a legal claim.

We use Personal Information about you for the primary purpose of delivering you our services, providing you with information, processing your orders and for related or ancillary purposes, including, without limitation:

1. to process transactions;
2. to personalise your experience and keep you informed of upcoming events and our activities;
3. to improve our Site offerings based on the information and feedback we receive from you;
4. to improve customer service by responding to your customer service requests and support needs;
5. to enable us to comply with any regulatory reporting and legal obligations; and
6. to enable us to transfer the same to any successors and/or assigns of our business.

We may also use Personal Information for other purposes that you would reasonably expect us to use that information, including sending you information about new developments, products, services and special offers by post, telephone or any form of electronic communication. We do this using any email address or other Personal Information you provide to us at any time for this purpose.

We will not disclose information that personally identifies you to any third party, other than as set out in this Privacy Policy.

We may disclose your Personal Information to third party service providers that we engage in order to deliver the services that we provide to you, to assist with delivery, security, banking, payment processing or technology services, but only in relation to providing our services to you. We may also provide personal information to third parties to assist us with customer analytics. We take reasonable steps to ensure that these organisations are bound by privacy obligations in relation to the protection of your Personal Information - these parties are required safeguard your Personal Information and only use it for the purposes it was supplied.

In the event of a security incident involving unauthorised access, use or disclosure of Personal Information where a third party with whom we share Personal Information is involved, we will seek to work cooperatively with them to protect the Personal Information we have shared with them.

We may also disclose your Personal Information where we believe it is required to by law, or necessary to enforce our Terms and Conditions, or to protect ours or others rights, property, or safety.  If you provide Personal Information and request it to be published on the Site, you consent for us to make your Personal Information public.

We use personal information about you for the primary purpose of providing you with our services.

If you subscribe to our e-communications (e.g. newsletters, sms, event updates etc.), we may send you direct updates about our products and services, event invitations and for our marketing purposes (including advising you of other products, services, promotional events, programs and special offers which may be of interest to you). These updates may take the form of emails, SMS, mail or other forms of communication, in accordance with the Spam Act 2003 (Cth) and the Privacy Laws.

You can unsubscribe from our electronic marketing and other communications at any time by clicking the ‘unsubscribe’ button in our electronic communications or by contacting our Privacy Officer at privacy@blackmilkclothing.com.

You can unsubscribe from our SMS marketing at any time by texting 'STOP' to 0480089333 (Australia and United Kingdom), replying 'STOP' to any of our direct SMS messages (United States and Canada) or by contacting our Privacy Officer at privacy@blackmilkclothing.com.

You acknowledge that it may take several business days for us to remove you from our electronic distribution lists after you opt-out of receiving direct marketing communications.

From time to time we may use social media tools to target advertisements.

Facebook - we integrate with a Facebook pixel which collects data about products viewed and purchased, to provide measurement services and target advertisements. To opt out: Adjust your Facebook ad settings.

Google - we integrate with Google products (Analytics, Adwords and Tag Manager) which collects the actions of website visitors, to provide measurement services and target advertisements. To opt out: Adjust your Google ad settings.

We use reasonable endeavours to keep all Personal Information we receive from you confidential and in a secure environment. We use a variety of both physical and electronic security measures to maintain the safety of your Personal Information and protect it against unauthorized access, loss or misuse. This includes:

• restricting physical access to our offices and premises;
• using of a secure server to store Personal Information;
• all supplied sensitive credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our database
• credit information can only be accessed by authorised individuals with special access rights to our systems, who are required to keep the information confidential.

Unfortunately, security cannot be guaranteed and no data transmission over the Internet can be guaranteed to be totally secure.  In the event of a security incident we have in place procedures to promptly investigate the incident and determine if there has been a data breach involving Personal Information, and if so, to assess if it is a breach that would require notification.  If it is, we will notify regulators and affected parties in accordance with Privacy Law requirements.

If at anytime you reasonably believe there has been an unauthorised use, access or disclosure of your Personal Information, please contact our Privacy Officer immediately at privacy@blackmilkclothing.com. We only retain your Personal Information for as long as reasonably necessary for the purposes for which it was collected, or where we are required by law to keep it.  We take reasonable steps to destroy or de-identify Personal Information which we no longer need.

Cookies are small files that websites or service provider may attach to your computer when you visit a website (if you allow). Cookies enable the sites or service provider's systems to recognise your browser to capture and remember certain information. We will ask for your consent before we use Cookies to collect your information.

We use Cookies to understand and save your preferences for future visits to our Site, and to compile data about how people use and access our Site, so that we can improve our Site in the future. The information may also be used to provide you with information we think may interest users of your computer.  We may contract with third-party service providers to assist us in better understanding our Site visitors. These service providers are not allowed to use the information collected on our behalf except to help us conduct and improve our customers’ experience on our Site.

You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies via your browser settings. Like most websites, if you turn your cookies off, some of our services may not function properly.

Occasionally, we may include or offer third party products or services on our Site. Although our Site may link directly to websites operated by third parties (Linked Sites), we do not operate or control these Linked Sites.

You acknowledge that Linked Sites are not operated by us and that these third party product and websites may have separate and independent terms and conditions and privacy policies. We encourage you to always read the applicable terms and privacy policy of any Linked Site before you use it.  We are not responsible for the content or practices of the Linked Sites or how they use or collection your Personal Information.

Nonetheless, we seek to protect the integrity of our site – if you have any concerns regarding Linked Sites that appear on our Site, please let us know by contacting privacy@blackmilkclothing.com.

We may transfer your Personal Information to people outside of Australia where necessary to fulfil the purposes set out in this Privacy Policy. For example, sometimes we need to transfer Personal Information in order for deliver our products and services to you or to perform a contract we have with a third party service provider for the purpose of delivering our services.

By providing agreement to provide your Personal Information to us in accordance to this Privacy Policy, you consent to us disclosing your Personal Information overseas.  We use reasonable endeavours to ensure that any overseas recipient of Personal Information is subject to legislation or contractual obligations similar to the Privacy Laws.

We take all reasonable steps to ensure that your Personal Information held by us is accurate, up-to-date, complete, relevant and not misleading.  If you believe that any of your Personal Information is not accurate, up-to-date, complete, relevant and misleading, please contact our Privacy Officer at privacy@blackmilkclothing.com and we will take all reasonable steps to correct it within a reasonable time.

If you request access to the Personal Information we hold about you, we will respond to your request within a reasonable period of time and, where reasonable and practicable, give access to the information in the manner you request.  Depending on the jurisdiction in which you live, we may charge a reasonable fee for providing that information.

If BlackMilk decides to change our Privacy Policy, we will post those changes on this page, and update the Privacy Policy modification date below. We recommend you check this page regularly and take notice of any changes made.

If you have any questions regarding this Privacy Policy, or if you are concerned that there has been a breach of the Privacy Laws or this Privacy Policy in relation to Personal Information held by BlackMilk, please contact our Privacy Officer at privacy@blackmilkclothing.com or by post at:

BlackMilk Clothing Pty Ltd,
PO Box 2443,
Fortitude Valley BC,
QLD Australia 4006

If you think we have failed to resolve the complaint satisfactorily, we will provide you with information about the further steps you can take.  If you are located in Australia, then you can contact the Office of the Australian Information Commissioner about the way we handle your personal information. The Commissioner can be contacted at:

GPO Box 5218 Sydney NSW 2001
Phone: 1300 363 992 
Email: enquiries@oaic.gov.au or www.oaic.gov.au  

If you are located in the European Union or elsewhere, you may can contact your national privacy supervisory authority.

This policy was last modified in February 2022.