TERMS & CONDITIONS OF USE / LEGAL NOTICE
IMPORTANT! Please carefully read the following terms and conditions ("Terms") governing your use (including access, browsing and/or use of any interactive features) of those portions of the CHANEL website accessible at www.chanel.com, as well as and including any other CHANEL websites or web pages accessible through the CHANEL website or other promotional websites CHANEL hosts or sponsors such as minisites or pages on third party social networking websites, directed at consumers in Australia, including those portions of the CHANEL website accessible by going to www.chanel.com and selecting “Asia-Pacific” and then “Australia” in the appropriate region (collectively the “Sites”).
- 1. Privacy
- 2. Ownership Rights/Use of Sites Materials
Chanel, Inc. and/or its worldwide affiliates (“CHANEL”) own all right, title and interest in and to the Sites and/or own the content and applications on the Sites (including on social network websites).
CHANEL owns all copyright for all material on the Sites or has a valid right from a third party to use the material on the Sites. CHANEL also owns all trademarks, service marks, trade names, logos and domain names used on or in connection with the Sites or has a valid right from a third party to use any such material. Any modification or use of the materials from the Sites for any purpose not explicitly permitted is a violation of CHANEL's copyright and other proprietary rights. Use of material from this Site without CHANEL's prior written consent is strictly prohibited.
No part of the Sites may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any manner whatsoever, except for viewing purposes, without the prior written consent of CHANEL. This prohibition also includes, without limitation, framing any content from the Sites, as well as unauthorized linking.
- 3. Disclaimer/Limitation on Liability
Use of and browsing in the Sites are at your own risk.
Unless specified otherwise, and except in relation to any Non-excludable Condition (as defined below), neither CHANEL nor any party representing or otherwise affiliated with CHANEL in creating or presenting the Sites make any warranties or representations about the accuracy or completeness of the content of the Sites or any site(s) linked to the Sites. Any claims made on the Sites relate solely to the products or services sold or provided by CHANEL. Neither CHANEL nor any of its affiliates shall be liable for any direct, indirect, incidental, consequential or punitive damages arising out of: (a) the ability (or inability) to access the Sites, (b) the use (or inability to use) any content of the Sites, (c) or the content of any site(s) linked to the Sites. In addition, CHANEL does not warrant that the Sites or the server(s) that make the Sites available are free of viruses or other harmful components. You (and not CHANEL) assume the entire cost of all necessary servicing, repair, or correction.
Legislation, including the Trade Practices Act 1974 (Cth), may imply certain warranties and conditions in respect of your use of the Sites, where the exclusion of such conditions or warranties from an agreement would contravene a statute or cause part or all of the agreement to be void (“Non-excludable Condition”). Nothing in these Terms excludes any Non-excludable Condition.
When applicable, prices which are displayed on the Chanel website are shown in Australian Dollars and include all taxes. Prices are provided for informational purposes only and have no contractual value. These prices correspond to the ones which are established by Chanel in its stores in Australia and are likely to change without notice. Regarding the pieces presented on the Chanel Fine Jewellery website, prices correspond to size n°52 or Medium and are therefore also likely to be different for smaller or larger sizes.
- 4. Links
CHANEL is not responsible for third party websites that link to or from the Sites. CHANEL does not have power or control of and does not endorse any such sites or the goods or services offered on such sites. CHANEL disclaims all responsibility for the accuracy of any of the information provided on such linked sites and any goods or services provided or purchased from such sites. CHANEL shall not be held liable or responsible for the content of any sites that link to or from the Sites.
- 5. Accuracy of Information
CHANEL takes reasonable steps to ensure the accuracy of the information included in the Sites. However, CHANEL takes no responsibility for errors or omissions in the content of the Sites and does not guarantee the accuracy, completeness or timeliness of information provided on the Sites. Information provided on the Sites is subject to change at any time without prior notice. You agree, to the extent permitted by law, that CHANEL shall not be liable to you for any delay or other damages that might result from the modification, suspension or discontinuance of the Sites.
- 6. No Waiver
The failure on the part of CHANEL to enforce any part of these Terms shall not constitute a waiver of any of CHANEL's rights hereunder for past or future actions.
- 7. Access restrictions
CHANEL, in its sole discretion, reserves the right to deny any user access to a Site either in part or as a whole without notice.
- 8. Jurisdiction
Any dispute over the content or use of the Sites shall be governed by the laws of the State of New South Wales and the Commonwealth of Australia and the user of the Site submits to the exclusive jurisdiction of the State and Federal courts located in the State of New South Wales, Australia.
- 9. Miscellaneous
CHANEL may change these Terms at any time by posting changes on the Sites. Any changes are effective immediately upon posting. The continued use of the Sites constitutes your agreement to any revised Terms and your use of the Sites will be conditional upon the terms and conditions in force at the time of your use.
The Sites are for informational and entertainment purposes only and are not intended to provide any medical information or advice about the skin or otherwise.
BY USING THE SITES, YOU SIGNIFY YOUR UNDERSTANDING AND AGREEMENT TO COMPLY WITH THE TERMS & CONDITIONS OF USE.
LAST UPDATED: FEBRUARY 2013
- 1. Privacy
The Chanel companies worldwide ("CHANEL") recognise the importance of protecting the privacy of all consumers who either visit the CHANEL hosted or sponsored websites or who visit the CHANEL authorised dealers in Australia or New Zealand (“you” or “user”).
Application of Law:
CHANEL is bound by the Australian Privacy Principles (APPs) contained in the Privacy Amendment (Enhancing Privacy Protection) Act 2012, which amends the Privacy Act 1988 (Cth) and by the Privacy Principles (PPs) contained in the Privacy Act 1993 (NZ).
The laws of Australia shall apply to the collection of personal information through the CHANEL hosted or sponsored websites and that provided by you, in store, on a CHANEL file card. The laws of Australia and other countries to which we may transfer your personal information may not provide a level of protection equivalent to the laws in your home country, for example, if you are accessing web pages intended for consumers in Australia from outside Australia.
CHANEL hosted or sponsored websites:
CHANEL authorised dealers in Australia or New Zealand:
- 2. Kinds of information collected and held by CHANEL and how CHANEL collects and holds this information
a. Personal Information
CHANEL hosted or sponsored websites:
CHANEL collects and holds identifiable personal information about users when they voluntarily register or otherwise sign up with the Sites, contact CHANEL via the Sites, or voluntarily provide personal information to make purchases from the Sites, as applicable. Site users may provide personal information for various reasons, including but not limited to, for the purposes of obtaining newsletters, product information, event information, and services, to answer surveys, enter contests and receive notice of other promotional opportunities, and to make purchases, as applicable. The type of personal information that CHANEL may collect includes name, address, phone number, email address and purchase information such as credit or debit card information used to facilitate the sale of CHANEL products, as applicable. CHANEL may also use the information that you provide to create a personal customer profile in order to let you know of products or events that may be of interest to you and to streamline future purchases, as applicable. We may combine personal information we collect on the Sites with other information CHANEL collects offline about users to better tailor marketing or website content or for other related purposes. For information on how to opt-out of allowing us to use your personal information for marketing purposes, see section 6 below.
CHANEL authorised dealers in Australia or New Zealand:
CHANEL collects and holds personal information relating to you, including your name, address, telephone numbers, email address, the CHANEL authorised dealer in Australia or New Zealand that you visited and the CHANEL product lines that interest you. All of this information is provided by you to CHANEL on a CHANEL file card during your visit to a CHANEL authorised dealer in Australia or New Zealand. In addition, CHANEL collects information relating to the consultant who assisted you at the CHANEL authorised dealer in Australia or New Zealand and the products purchased by you. This information is subsequently entered onto an electronic database managed by or on behalf of CHANEL. In addition, details of the CHANEL products purchased by you and the name of the consultant who assisted you are collected and stored on the electronic database.
b. Non-Personal Information CHANEL hosted or sponsored websites:
CHANEL collects certain aggregate and non-personal information when you visit the Sites. This information does not relate to a single identifiable visitor. It tells CHANEL such things as how many users visited the Sites and the pages accessed. Collecting this information helps CHANEL tailor our Sites to our visitors.
When you visit the Sites to browse, read or download information, CHANEL automatically collect standard computer information that your browser sends to every website you visit, such as your IP address, browser type and language, access times and referring website addresses. We generally do not link standard computer information to anything that will allow us to identify users unless to enforce compliance with our rules or terms of service or to protect our service, sites, users or others.
CHANEL may also collect aggregate and non-personal information through “cookies” or “web beacons,” as explained below.
Cookies: Cookies are pieces of information that any website may transfer to your browser that are then stored in your computer system. Cookies are returned to the website that deposited them when a visitor returns to that site. Cookies tell us, for example, whether a user is a first time visitor or has visited the Sites before and what areas of the websites are of greatest interest to the user. The deposit of cookies by the Sites may enhance your online experience by allowing us to save your preferences for your next visit. Our cookies may also measure the general activity on the Sites, which allows us to determine which areas and features are most popular. This information allows us to make improvements to our Sites.
Most web browsers are set up to accept cookies. You can, however, reset your browser to refuse all cookies or to indicate when a cookie is being sent. If you choose to decline cookies, some of the functionality of the Sites may be impaired.
Web Beacons: Web beacons, also known as “clear gifs,” “one-pixel gifs,” “web bugs,” “Internet tags” or “pixel tags,” are small graphic images on a website or in an e-mail that allow us and third parties to monitor the activity on the Sites or to make cookies more effective. Web beacons allow us, or third parties working on our behalf, to gauge and enhance the effectiveness of our marketing by transmitting information about whether you follow links in our e-mails or websites, and by gathering information about the sites you visit before and after visiting our websites. We use log files to store the data that is collected through Web beacons.
- 3. The protection of information
Protecting your information is of primary concern to CHANEL and any information that is collected, is stored on secure servers and CHANEL takes all reasonable precautions to protect that personal information.
However, no data storage or data transfer system is 100% secure, error-free or free from vulnerabilities. CHANEL cannot guarantee the security of our databases or services, nor can CHANEL guarantee that the information you supply will not be intercepted while being transmitted by us over the Internet. CHANEL are not responsible for the actions of third parties.
- 4. The purposes for which CHANEL collects, holds, uses and discloses personal information
CHANEL uses the personal information that you provide to conduct its business with you, to facilitate and manage its dealings and relationships with you and for any other purpose for which you disclose your personal information. CHANEL may also use the information that you provide to create a personal customer profile in order to let you know of products or events that may be of interest to you and to streamline future purchases, as applicable.
CHANEL may combine your personal information provided on the CHANEL file card with any other of your personal information obtained from its web-sites in order to better tailor marketing or web-site content for other related purposes.
- 5. Disclose of personal information to overseas recipients
Subject to the following paragraphs and the disclosures discussed in them, CHANEL will neither disclose nor sell any information about you to a party unaffiliated with CHANEL. CHANEL may disclose your personal information if:
(a) required to do so by law or legal process,
(b) we believe disclosure is necessary or appropriate to prevent physical harm, financial loss or injury to, or interference with our rights or property;
(c) we reasonably believe that information has been used in order to commit unlawful acts or acts that may endanger the health and/or safety of the public;
(d) in connection with the investigation into suspected or actual illegal activity;
(e) we believe the law in good faith requires such disclosure.
CHANEL may appoint third party service providers to administer and/or operate certain functions or services on our behalf, the proper performance of which may require a transfer of the information submitted by or collected from you. The functions or services include for example, administering and analysing the electronic database for CHANEL for marketing purposes and delivering marketing or other communications to you about our products, services or special events. Any such transfer shall be subject to confidentiality and security obligations and for the sole purpose of the performance of those functions or services.
CHANEL may also share your personal information with other third parties for joint marketing and promotions of products, services or events that may be of interest to you. Any transfers of personal information shall be subject to confidentiality and security obligations and for the sole purpose of the performance of those obligations.
The third party service providers may be located outside of Australia and New Zealand which will mean that your personal information may be transferred out of Australia and New Zealand. In this event, CHANEL will ensure that the third party service provider is subject to a law or binding scheme, that has the effect of protecting your personal information in a way that overall, is at least substantially similar to that governing the protection of your personal information under Australian law and under New Zealand law.
The countries to which your personal information may be transferred are likely to include Singapore and Hong Kong.
- 6. Opting out
For information on how to opt-out of allowing CHANEL to use your personal information for marketing, see section 8 below. You should be aware, however, that even if you opt-out of allowing CHANEL to use your information for marketing campaigns, we may still share certain information with third parties to comply with legal obligations. For example, if you have opted out of marketing emails from us, we may have to provide your email address to a third party we jointly market with to comply with your opt-out request.
- 7. Unsolicited Materials
- 8. Updating Your Personal Information and Opting Out of Marketing Communications
If you want to update your Personal Information, you may access your personal profile online, if one exists or is accessible, and change your entry. You may also contact CHANEL at 612-9900-2900 for assistance in accessing, up-dating or correcting your personal information.
You may choose to unsubscribe from marketing emails by sending an email to firstname.lastname@example.org or by utilising the unsubscribe link on CHANEL marketing emails. If you choose to opt out not only of emails but all other forms of marketing communications as well, please contact us at 612-9900-2900. Please note that any requests may take up to six – eight weeks to become effective.
Even if you opt-out of marketing communications, we may still contact you to send you important information regarding the operation or administration of your personal profile or other non-marketing information. For additional information regarding our policies regarding the Sites please see Legal Statement.
- 9. How you may complain about a breach of the APPs or the PPs and how CHANEL will deal with such a complaint
If you wish to complain about a breach by CHANEL of the APPs or the PPs you can write to us at: The Privacy Officer, CHANEL Australia, level 13, 121 Walker Street, North Sydney NSW 2060. Your complaint will be investigated by the CHANEL Privacy Officer and you will receive a written or telephone communication within 28 days of receipt of your complaint.
- 10. Corporate Change of Control
Personal Information collected over the Sites may be transferred as part of any merger, acquisition or sale of company assets, as well as in the unlikely event of insolvency, bankruptcy, or receivership in which Personal Information would be transferred to another entity.
- 11. Children’s Privacy
The Sites are not directed to children and we do not intentionally collect or maintain any Personal Information from children under the age of 18 years old. If you believe that we might have any Personal Information from or about anyone under the age of 18, please notify us via the means detailed below under section 13.
CHANEL reserves the right, in our sole discretion, to modify, alter or otherwise update this policy at any time and you agree to be bound by such modifications, alterations or updates.
- 13. Contacting Us
Sending an email to email@example.com or Calling us at 612 – 9900-2900; or
Writing to us at level 13, 121 Walker Street, North Sydney NSW 2060 Australia.
LAST UPDATED: April 2014
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