Privacy Policy

By visiting BY THE BE., you accept and consent to our Privacy Policy. 

We are committed to protect your privacy. We provide this privacy policy under the Privacy Act 1988 (Cth) and the European Union General Data Protection Regulation (Regulation (EU) 2016/679) to provide you details about our practices in relation to the collection, use, disclosure and handling of Personal Information. 

1.       Who is responsible for your personal information?  

By THE BE. Is responsible for your personal information, if you have questions or queries about the collection or use of your personal information, please do not hesitate to contact us at hello@bythebe.com.au.  

2.        How we collect information 

 We collect Personal Information when you: 

1. set up an account with us; 
2. interact with us through the phone, in person or via email and you provide us your details; 
3. purchase or subscribe to our goods and/or services; 
4. subscribe to our mailing list; 
5. enter our competitions or promotions; or 
6. apply for positions with us or are a contractor.  

 We collect Personal Information to: 

1. improve our goods and services; 
2. provide our goods and/or service to you; 
3. communicate with you; 
4. offer you promotional goods or market our goods that you are interested in; 
5. keep a record of your order for refund or exchange; 
6. keep our customer database; 
7. to investigate any complaints that you make; 
8. to investigate whether you are in breach of our Terms; 
9. verify your identity; 
10. to notify you of vacant positions if you applied for jobs with us; 
11. comply with the law or to use your information as permitted under the law; and 
12. use your information for purposes that are related to the above. 

We collect and hold following types of Personal Information: 

1. contact details that may include but are not limited to your name, phone number(s), postal address, email address;  
2. optional Personal Information that you consent to provide, including your interests in a particular area, gender or age; and 
3. optional surveys that provide Personal Information including whether you like our business or Website and what you like or do not like. 

We will only collect your Personal Information using fair and lawful means. 

We do not store credit card details as we use payment gateways and/or third party processor. 

If we receive unsolicited Personal Information, we may destroy it or ensure that it is de-identified if it is lawful and reasonable to do so.

3. How we use your personal information   

We will only use your information provided lawfully. Your personal information will only be used to fulfil your order and provide you with the best service possible. We may use your personal information for communication purposes only if it directly relates to your order, for example, to notify you when your order is shipped, if an item is out of stock or if there is an unforeseen circumstance that prevents us from fulfilling your order. You will only receive further communications from us if you subscribe to our mailing list. If you no longer wish to be part of our mailing list or if you wish to update your details, please contact us at hello@bythebe.com.au.  

If you have subscribed to our mailing list, you agree to receive from time to time promotional messages and materials from us by email. If you wish to no longer receive such promotional materials or notices – please email us at any time at hello@bythebe.com.au.  

4. How we store and protect your personal information  

BY THE BE. is hosted on the Wix.com platform. Wix.com provides us with the online platform that allows us to sell our products and services to you. Your data may be stored through Wix.com’s data storage, databases and the general Wix.com applications. They store your data on secure servers behind a firewall.  

We take all reasonable precautions to protect your personal information and ensure that it is not inappropriately lost, misused, accessed, disclosed, altered, or destroyed. Your personal information is only used as above. 

Generally, we will only store your personal information for as long as necessary to maintain the customer relationship and to provide you with the best service possible. We may retain your information for longer periods of time for legal or regulatory reasons.

5. Customer Right to be Forgotten 

In addition to the withdrawal of your consent, you may also contact us to erase your Personal Information.  

You may contact us to have your Personal Information erased and we will use our reasonable discretion to erase same if: 

1.  the Personal Information provided is no longer necessary in relation to the purpose of carrying out our services for you; 
2. you have withdrawn your consent for us to hold your Personal Information; 
3. the legal retention period for holding your Personal Information has expired; 
4. you object to the use of your Personal Information; or 
5. the processing of your Personal Information was not in accordance with the relevant legislation.  

6. Security 

All direct payment gateways offered by Wix.com and used by BY THE BE. adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers. If you provide us with your credit card information at checkout, the information is encrypted using Secure Socket Layer technology (SSL). We do not store your credit card details on our network. 

For credit card transactions we use a third party processor and/or payment gateway (e.g. e_Way, Fat Zebra, Paycorp) that we may change from time to time so that: 

1. payments are processed in real time; and  
2. we do not have access to your credit card numbers. 

We make no representation, express nor implied, that submitting your Personal Information via e-mail is secure.  

7. Anonymity & Pseudonymity  

You may interact anonymously or by using a pseudonym, for example when you: 

1. call us; or 
2. email us, 

and you may refuse to give your details. 
 
You must provide your Personal Information when you: 

1. purchase a good or service from us, especially if it requires delivery; 
2. sign up for mailing list; 
3. lodge a complaint; and 
4. are required to provide Personal Information under the law. 

8. Consent  

You consent to the use of your Personal Information, in accordance with this Privacy Policy, when you interact with us. 

You understand and acknowledge the consent you have provided is required in order for us to carry out our services. 

Your consent may be withdrawn by contacting us. 

After having received, reviewed and actioned your request to have your consent withdrawn, your withdrawal of consent will be noted on our system. 

We will use our best commercial endeavours to action your request as soon as possible. However, we note that during the time between receiving your request to processing the withdrawal your Personal Information, you will not hold use liable for the use of your Personal Information during this processing time.  

9. Direct Marketing to You 

We will not send you unsolicited commercial electronic messages in contravention of the Spam Act 2003 (Cth). 

We may use the non-sensitive information you gave us for the purpose of promoting and marketing our Business to you if we: 

1. use the information that you reasonably expected us to use for promoting and marketing our business to you; and 
2. provide you a simple method to opt-out. 

We will not contact you to promote or market our business if you requested us not to. 

We may also disclose your Personal Information to our related entities, so they may give you information and offers about products and services offered by them.

10.  Accuracy of personal information  

We endeavour to keep personal information as accurate, complete and up-to-date as is necessary for its intended uses.   

11. Access and Correction  

You may request to access your personal information or to request a correction of the personal information that we hold.  

By THE BE. will endeavour to respond to an access or correction request promptly and in the time frame prescribed by law, where the law allows us to do so we may refuse your request. In the interest of security, we reserve the right to take steps to authenticate the identity of the requestion party before responding to such a request.  

12. Cookies 

Our Website uses cookies. Cookies are small text files generated when you visit our Website or use our online services that reside on your computer and can uniquely identity your browser.  

If your browser permits you can decline the use of cookies, in doing so your use of our Website might be affected, for example you may not be able to view certain images or access certain features of our website.

13. Disclosure of Personal Information 

We only disclose your Personal Information for purposes that are reasonably related to our Business. 

We will not disclose your Personal Information to third parties for payment, profit or advantage. 

We may disclose your Personal Information to third parties, from time to time, to assist us in conducting our business, including but not limited to: 

1. technology service providers including internet service providers or cloud service providers; 
2. couriers such as Australia Post; 
3. data processors that analyse our Website traffic or usage for us; 
4. agents that perform functions on our behalf, such as mailouts, debt collection, marketing or advertising; 
5. our related bodies corporate; and 
6. to persons, entities or courts as required under the law. 

We may disclose your Personal Information to third parties: 

1. to provide the service you wish to use; 
2. to improve our business, services, products and Website; 
3. to customise and promote our services which may be of interest to you; 
4. to comply with or as permitted under the law; or 
5. with your consent. 

We may disclose your Personal Information to entities located overseas and will use reasonable endeavours to ensure they are subject to similar privacy legislation when handling such information. 

We use our every and best endeavours to ensure each third party we directly contract with, in the dealings of Personal Information, are aware of their processor liability provisions under the relevant legislation and also are aware of privacy obligations in the dealings with Personal Information. 

14. Complaints  

If you believe we breached the Australian Privacy Principles under the Privacy Act 1988 (Cth) or a registered Australian Privacy Principles Code, you may lodge a complaint as follows: 

1. firstly, contact us in writing to the email or postal address in clause and include the following in your complaint: 

• your contact details; 
• section or provision of the Australian Privacy Principles, or Code that you believe we breached; and 
• our practice or policy that you believe breaches the relevant Australian Privacy Principle, or Code, 

1. and you must allow us a reasonable time, about 30 days, to reply to your complaint; and 
2. secondly, you may complain to the Office of the Australian Information Commissioner if: 

• you are not satisfied with our response; or 
• we do not respond to you within a reasonable time without sufficient explanation. 

15. Definitions 

Unless contrary intention appears: 

1. Australian Privacy Principles means the principles under the Schedule 1 of the Privacy Act 1988 (Cth). 
2. Personal Information means personal information as defined under Privacy Act 1988 (Cth). 
3. Sensitive Information means sensitive information as defined under Privacy Act 1988 (Cth). 

We, the Beautique trading as By the Be, reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.