CORPORATE VALUES & BINDING AGREEMENT
This Privacy Policy constitutes a binding agreement (the “Agreement”) between tRetail Labs, an Australia corporation with registered agent 62 View Mount Road, Wheelers Hill, Melbourne, Victoria 3150 Australia (Herein after referred to as “We”, “us” or “Company”) and you (“you”, “your” or “user(s)”), a user of the Platform (“Customer”).
Protecting your private information is our greatest priority. This Agreement applies to and governs data collection and usage of tretaillabs.com (the “Platform”). The Company’s Platform is online information services for digital tracking of shopping trends at duty free shops in airports. By using the Company Platform, you consent to the data practices described in this Agreement. The parties and definitions as set forth in the Terms and Conditions apply herein.
INFORMATION ON THE COLLECTION AND PROTECTION OF PERSONAL DATA
Thank you for your interest and for taking the time to visit our Platform. This webpage encompasses the information and policies regarding the handling of your personal data. Personal Data includes all data that can be used to individually identify you. (“Personal Data”)
The owner of this Platform is tRetail Labs, a Australia Corporation, with its registered agent at 62 View Mount Road, Wheelers Hill, Melbourne, Victoria 3150 Australia (Herein after referred to as the “Company”, “We”, “Us”, or “Our”); which can be contacted at its e-mail: info@tretaillabs.com.
The Company strives to take appropriate security measures to protect against unauthorized access to or alteration of your personal information. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) security, integrity, and privacy of any and all information and data exchanged between you and us through this Platform cannot be guaranteed.
SUPPORT SERVICES
The Company shall provide the services to the User subject to the terms of this Agreement and the Company’s Terms and Conditions.
Under this Agreement (“Service”) is defined as the service of rendering Users access: (1) to the Company’s services, which are available via a link on the site, pursuant to which the User and Authorized Users may gain access to and use subject to this Agreement.
Company shall use its commercially reasonable endeavors to make the Service available to the User. Company from time to time may undertake maintenance on the Service and providing that it is practical to do so, inform the User of any planned maintenance of the Service.
Company will provide the User with the support services set forth in this Agreement. Company and the User may agree to vary the level of support for the Service, and the associated costs for such support, from time to time.
CUSTOMER DATA
The User shall own all right, title and interest in and to all of the Customer Data and shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of the User Data. First name, last name, email id.
The Company shall, in providing the Service, comply with its Privacy Policy contained herein relating to the privacy and security of data, which is available at this website or such other website address as may be notified to the User from time to time, as such document may be amended from time to time by Company in its sole discretion.
To the extent Company processes any personal data on the User’s behalf when performing its obligations under this Agreement, the parties’ record their intention that the User shall be the data controller and Company shall be a data processor.
DATA COLLECTION
We only collect data that your browser transmits to our server (so-called "server log files"). When you visit our Platform, we collect the following data that is technically necessary for us to display the Platform to you:
Our visited Platform Date and time at the moment of access;
Amount of data sent in bytes Source/reference from which you came to the page;
Browser used Operating system used IP address used (if applicable: in anonymized form)
Data processing is carried out as required by law and on the basis of our legitimate interest in improving the stability and functionality, of our Platform.
The data will not be passed on or used in any other way. However, we reserve the right to check the server log files subsequently, if there are any concrete indications of illegal use.
COOKIES
In order to make your visit to our Platform attractive and to enable the use of certain functions, we use “cookies” on various pages. These are small text files that are stored on your end device. Some of the cookies we use are deleted after the end of the browser session, i.e. after closing your browser (“session cookies”). Other cookies remain on your terminal and enable us or our partner companies (“third-party cookies”) to recognize your browser on your next visit (“persistent cookies”). If cookies are set, they collect and process specific user information such as browser and location data as well as IP address values according to individual requirements. Persistent cookies are automatically deleted after a specified period, which may vary depending on the cookie.
If personal data are also processed by individual cookies set by us, the processing is carried out for (1) the execution of the contract or (2) to safeguard our legitimate interests in the best possible functionality of the Platform and a User-friendly and effective design of the page visit. We work together with advertising partners who help us to make our Platform more interesting for you. For this purpose, cookies from partner companies are also stored on your hard drive when you visit our Platform (“third-party cookies”). You will be informed individually and separately about the use of such cookies and the scope of the information collected in each case within the following sections.
Please note that you can set your browser in such a way that you are informed about the setting of cookies and you can decide individually about their acceptance or exclude the acceptance of cookies for certain cases or generally. Each browser differs in the way it manages the cookie settings. This is described in the help menu of each browser, which explains how you can change your cookie settings.
You will find these for the respective browsers under the following links:
Internet Explorer:
Firefox:
Chrome:
Safari:
Please note that the functionality of our Platform may be limited if cookies are not accepted.
DATA PROCESSING
For Invoice Processing, personal data will continue to be collected and processed if you provide them to us for the execution of a contract. Which data is collected can be seen from the respective input forms. We store and use the data provided by you for contract processing/performance of contract and our legitimate interests. After complete processing of the contract, your data will be blocked in consideration of tax and commercial retention periods and deleted after expiry of these periods, unless you have expressly consented to further use of your data or a legally permitted further use of data has been reserved by our site, about which we will inform you accordingly below.
USE OF YOUR PERSONAL INFORMATION
Information about our customers is an important part of our business, and we are not in the business of selling our customers' personal information to others. The Company collects and uses Customer information to operate its website and to deliver the quality services requested by the Customer. We share customers' personal information only as described below and with the Company and its affiliates that either are subject to this Privacy Policy or follow practices at least as protective as those described in this Privacy Policy.
The Company may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is transferred to the third party. The Company may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to the Company, and they are required to maintain the confidentiality of your information.
Business Transfers: As we continue to develop our business, we might sell or buy other businesses or services. In such transactions, customer information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing Privacy Notice (unless, of course, the customer consents otherwise). Also, in the unlikely event that tRetail Labs or substantially all of its assets are acquired, customer information will of course be one of the transferred assets.
Protection of tRetail Labs and Others: The Company may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Company or the site; (b) enforce or apply our Conditions of Use and other agreements; (c) protect the rights, property, or safety of tRetail Labs, our users, or others; and/or (d) act under exigent circumstances to protect the personal safety of users of Company, or the public. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.
Other than as set out above, you will receive notice when personal information about you might be shared with third parties, and you will have an opportunity to choose not to share the information.
USE OF YOUR DATA FOR DIRECT ADVERTISING
If you subscribe to our e-mail newsletter, we will send you regular information about our offers. The only mandatory information for sending the newsletter is your e-mail address and first and last name.
When you register for the newsletter, we store your IP address entered by the Internet Service Provider (ISP) as well as the date and time of registration so that we can trace any possible misuse of your e-mail address at a later time. The data collected by us when registering for the newsletter will be used exclusively for the purpose of advertising by means of the newsletter. You can unsubscribe from the newsletter at any time via the link provided in the newsletter or by sending a message to the responsible person named above. After your cancellation, your e-mail address will immediately be deleted from our newsletter distribution list, unless you have expressly consented to further use of your data or we reserve the right to use data in excess thereof, which is permitted by law and about which we inform you in this declaration.
While you are subscribed, we may further use your e-mail address on the basis of our legitimate interest to send promotional communications, such as providing you with information about products and services, features, surveys, newsletters, offers, promotions, contests, and events; and provide other news or information about us and our partners (you can opt-out of receiving marketing communications from us at any time).
USE OF YOUR DATA TO PROVIDE INFORMATION REQUESTED BY YOU.
For some products or services, we offer you the possibility to receive related information on a running basis. If you give us your consent thereto, we will process your personal data to the extent necessary to provide such information, e.g. e-mail address, phone number, information related to the product or its location, or other personal data as directed by you. You can opt out of receiving such information at any time, and we will cease our processing of your relevant personal data upon such opt-out.
Third-Party Service Providers: We employ other companies and individuals to perform functions on our behalf. Examples include fulfilling orders for products or services, delivering packages, sending postal mail and email, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), processing payments, and providing customer service. These third-party service providers have access to personal information needed to perform their functions, but may not use it for other purposes.
USE OF THIRD-PARTY PLATFORMS
WEB ANALYTICS SERVICES Google (Universal) Analytics
Google Analytics This Platform uses Google Analytics, a web analysis service of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA ("Google"). Google Analytics uses cookies, which are text files stored on your computer, to help the Platform analyze how users use the site. The information generated by the cookies about your use of this Platform (including the shortened IP address) is generally transmitted to a Google server in the USA and stored there. This processing is carried out on the basis of our legitimate interest in the statistical analysis of user behavior for optimization and marketing purposes.
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On our behalf, Google will use this information to evaluate your use of the Platform, to compile reports on Platform activity and to provide us with other services relating to Platform and internet use. The IP address transmitted by your browser in the context of Google Analytics is not merged with other Google data. You may refuse the use of cookies by selecting the appropriate settings on your browser. However, we should point out that in that case you might not be able to use the full functionality of this Platform. You may permanently refuse Google to collect data generated by cookies regarding the use of the Platform (including your IP address) and to process them. You can download and install the browser plugin available under the following link: https://tools.google.com/dlpage/gaoptout?hl=en.
Information on how Google Analytics handles user data can be found in Google's privacy policy at: https://support.google.com/analytics/answer/6004245?hl=en
To opt out of Parse.ly analytics, please click here. We also use Microsoft Clarity to capture how you use and interact with our Services. Microsoft Clarity uses cookies to capture this information. For more information on Microsoft Clarity, visit the Microsoft privacy statement.
Some third-party websites and platforms also allow you to manage the collection and use of your information for advertising purposes. Google Ad Manager, Google Analytics for Display Advertising, and other designated service providers assist the Platform with advertisement display functions and related analytics for this Site. To opt out of tailored advertising from Google tracking technologies, please click on the links in Section 12 below and in this Section 11.
TOOLS AND MISCELLANEOUS
GOOGLE MAPS
Our Platform uses Google Maps (AP’I) of Google LLC., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”). Google Maps is a web service for displaying interactive (country) maps in order to display geographical information visually.
When you access the sub-pages that contain the Google Maps map, information about your use of our Platform (such as your IP address) is transmitted to and stored by Google on servers in the United States. This is regardless of whether Google provides a user account that you are logged in with or whether no user account exists. If you are logged in to Google, your information will be directly associated with your account. If you do not wish to be associated with your profile on Google, you must log out before activating the button. Google saves your data (even for users who are not logged in) as usage profiles and evaluates them. Such an evaluation takes place according to the legitimate interests of Google in the insertion of personalized advertising, market research and/or demand-oriented design of its Platform. You have the right to object to the creation of these user profiles. If you want to do so, you must contact Google to exercise this right.
If you do not agree to the future transmission of your data to Google in the context of using Google Maps, you may completely deactivate the Google Maps web service by switching off the JavaScript application in your browser. In this case, Google Maps as well as the map display on this Platform cannot be used. The Google terms of use can be found at: https://policies.google.com/terms?hl=en. The additional terms of use can be found at: https://www.google.com/intl/en-US_US/help/terms_maps.html.
You can find detailed information on data protection in connection with the use of Google Maps on Google's Platform ("Google Privacy Policy") at: https://policies.- google.com/privacy?hl=en.
RIGHTS OF THE DATA SUBJECT
The applicable data protection law grants you comprehensive rights of data subjects (rights of information and intervention) vis-à-vis the Company with regard to the processing of your personal data, about which we inform you below:
You have the right under the California Consumer Privacy Act of 2018 (CCPA) and certain other privacy and data protection laws, as applicable, to opt-out of the disclosure of your personal information. If you exercise your right to opt-out of the disclosure of your personal information, we will refrain from disclosing your personal information, unless you subsequently provide express authorization for the disclosure of your personal information. To opt-out of the disclosure of your personal information, visit this Web page tretaillabs.com.
GDPR.
Right to Deletion
Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:
Delete your personal information from our records; and
Direct any service providers to delete your personal information from their records.
Please note that we may not be able to comply with requests to delete your personal information if it is necessary to:
Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us;
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
Debug to identify and repair errors that impair existing intended functionality;
Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;
Comply with the California Electronic Communications Privacy Act;
Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent;
Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;
Comply with an existing legal obligation; or
Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.
Your Rights under the EU GDPR
Right to Be informed
The right to know or be notified about the collection and use of your personal information
Right to Access
The right to be provided with a copy of your personal information
Right to Rectification
The right to require us to correct any mistakes in your personal information
Right to be Forgotten
The right to require us to delete your personal information – in certain situations
Right to Restriction of Processing
The right to require us to restrict processing of your personal information – in certain circumstances, e.g., if you contest the accuracy of the data
Right to Data Portability
The right to receive the personal information you provided to us, in a structured, commonly used, and machine-readable format and/or transmit that data to a third party – in certain situations
Right to object
The right to object
At any time to your personal information being processed for direct marketing (including profiling)
In certain other situations to our continued processing of your personal information, e.g., processing carried out for the purpose of our legitimate interests
Right Not to be Subject to Automated individual Decision-Making
The right not to be subject to a decision based solely on automated processing (including profiling) that produces legal effects concerning you or similarly significantly affects you
For further information on each of those rights, including the circumstances in which they apply, see the guidance from the UK Information Commissioner’s Office (ICO) on individual rights under the EU General Data Protection Regulation.
IF, WITHIN THE FRAMEWORK OF A CONSIDERATION OF INTERESTS, WE PROCESS YOUR PERSONAL DATA ON THE BASIS OF OUR PREDOMINANT LEGITIMATE INTEREST, YOU HAVE THE RIGHT AT ANY TIME TO OBJECT TO THIS PROCESSING WITH EFFECT FOR THE FUTURE ON THE GROUNDS THAT ARISE FROM YOUR PARTICULAR SITUATION. IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED. HOWEVER, WE RESERVE THE RIGHT TO FURTHER PROCESSING IF WE CAN PROVE COMPELLING REASONS WORTHY OF PROTECTION FOR PROCESSING WHICH OUTWEIGH YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FREEDOMS, OR IF THE PROCESSING SERVES TO ASSERT, EXERCISE OR DEFEND LEGAL CLAIMS. IF WE PROCESS YOUR PERSONAL DATA FOR DIRECT MARKETING PURPOSES, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF YOUR PERSONAL DATA WHICH ARE USED FOR DIRECT MARKETING PURPOSES. YOU MAY EXERCISE THE OBJECTION AS DESCRIBED ABOVE. IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED FOR DIRECT ADVERTISING PURPOSES.
DURATION OF STORAGE OF PERSONAL DATA
The duration of the storage of personal data is determined by the respective legal retention period (e.g. commercial and tax retention periods). After expiry of this period, the corresponding data will be routinely deleted, provided they are no longer necessary for the performance or initiation of the contract and/or there is no longer any legitimate interest on our part in the further storage.
AMENDMENTS TO THE COMPANY’S PRIVACY POLICY
We may change this policy from time to time and if we do, we’ll post any changes on this page. If you continue to use the Platform after those changes are in effect, you agree to the new policy. If the changes are significant, we may provide a more prominent notice or get your consent, as required by law.
CONTACTING TRETAIL LABS
In the context of contacting us (e.g. via e-mail), personal data is collected. Which data is collected in the case of a contact form can be seen from the respective contact form. These data are stored and used exclusively for the purpose of responding to your request or for establishing contact and for the associated technical administration. The legal basis for processing data is our legitimate interest in responding to your request. Your data will be deleted after final processing of your enquiry; this is the case if it can be inferred from the circumstances that the facts in question have been finally clarified, provided that there are no legal storage obligations to the contrary.
The best way to get in touch with us or above is through email at the above mentioned address, info@tretaillabs.com.
CONFLICTING PROVISIONS
Should a court of competent jurisdiction find that any provisions in this Agreement conflict with the Terms and Conditions, the Terms and Conditions shall govern any dispute.
VENUE AND GOVERNING LAW
The Agreement is governed by and shall be construed in accordance with Australia law with regard to Victoria, Australia conflicts of law provisions.
The User agrees that any disputes arising out of or relating to the Agreement, its breach, or subject matter, that are not governed by section 36 of the Terms and Conditions, shall be brought exclusively before the Courts of Victoria, Australia, and hereby consents to the Court’s jurisdiction.
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