1. Introduction

This privacy policy tells you how the Group of companies use your personal data when you visit our website or interact with us, including when you sign up to our newsletter, use our products and services or take part in a competition. It also tells you your privacy rights and how the law protects you.

It is important that you read this privacy policy, together with any other privacy notices we may show you from time to time, so that you are fully aware of how and why we are using your personal data.

We have adopted, are bound by and will protect your personal information in accordance with the Australian Privacy Principles contained within Privacy Act 1988 (Cth) (“Privacy Act”). These principles govern how we can collect, use, hold and disclose your personal information, as well as ensuring the quality and security of your personal information. A copy of the Australian Privacy Principles (‘APPs’) may be obtained from the website of The Office of the Federal Privacy Commissioner at www.privacy.gov.au.

We do not knowingly collect or solicit personal data from anyone under the age of 18 or knowingly allow such persons to register for any services we offer. If you are under 18, please do not attempt to register any of the services we offer or send any information about yourself to us, including your name, address, telephone number, or email address. No one under the age of 18 is permitted to provide any Personal Information to us including by way of any services we offer. If we learn that we have collected Personal Information from a person under the age of 18 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 18, please contact us (see below).

This privacy policy was last updated on 1st July 2024. If you have any questions, please see how to contact 96 Degrees about privacy.

2. Who are we

Throughout this policy, any reference to 96 Degrees, ‘we’, ‘us’ or ‘our’ is a reference to the Group, which includes 96 Degrees (Beverages) Limited, Curated Group Limited and its subsidiaries, and companies that have the same majority shareholders as these two companies.

96 Degrees is the data controller responsible for this website and responsible for the personal data we collect from you. Being the data controller means we are responsible for deciding why and how we use personal data in our business. 96 Degrees and its group of companies work collaboratively to provide its products and services to customers all over the world and may sometimes be acting as joint data controllers.

We have appointed a Data Protection Officer who is responsible for looking after questions about this privacy policy. If you have any questions about this privacy policy, including any requests to exercise your legal rights, please see how to contact 96 Degrees about privacy below.

3. How we collect data

There are lots of different ways in which we may collect data, or receive data, and you can see an explanation of the main ways below, however it is not limited to these options.

You may give us data when you interact with us
You may give us data by filling in forms or by corresponding with us by post, phone, email or through chat or social media. This includes data you provide when you:

• Sign up to receive our newsletter;
• Make enquiries or request information be sent to you;
• Create an account on our website;
• Order our products;
• Permit or ask for direct marketing to be sent to you;
• Use ‘refer a friend’;
• Participate in our forum;
• Engage with us on social media;
• Enter a competition, promotion or survey;
• Contact customer services; or
• Leave comments or reviews on our products or services.

You should ensure that any personal data that you provide to us is true and correct. Should you not provide true and correct information we may not be able to supply you with the products and services requested by you.

As you interact with us, including via the 96 Degrees website, we may automatically collect data about your equipment, browsing actions and patterns. We may also collect data when you click on one of our adverts (including those shown on third party websites or via social media).

We may receive data about you from various categories of third parties, including:

• from providers of services which facilitate our eCommerce operations, including eCommerce platforms and payment and fraud prevention services;
• Fromanalytics providers, advertising networks and search information providers;
• From data partners;
• From from your friends who referred you using ‘refer a friend’;
• From from publicly available sources; and
• From any third parties who are permitted by law or have your permission to share your personal data with us, such as via social media or review sites.

4. Types of personal data we collect

We have described in Section 3 all the different ways in which it’s possible to be given or obtain data. Some of that data may be personal data and we explain below the types of personal data we may collect about you. Of course, the types of personal data we collect about you will depend on how you are interacting with us.

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We collect a variety of personal information about our customers and visitors to the 96 Degrees website. This personal data falls into these categories:

• Identity Data includes title, gender, first name, maiden name, last name, date of birth, username or similar identifier and your login/password. If you interact with us through social media, this may include your social media user name.
• Contact Data includes billing address, delivery address, email address and telephone numbers.
• Financial Data includes payment card and direct debit/bank account details.
• Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us or other 96 Degrees retailers.
• Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses, as well as any profile data which we have added (for example, using analytics and profiling).
• Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.
• Usage Data includes information about how you use our website, products and services, and any of the content you contribute to the forum.
• Tracking Data includes information we or others collect about you from cookies and similar tracking technologies, such as web beacons, pixels, and mobile identifiers.
• Marketing and Communications Data includes your preferences in receiving direct marketing from us and your communication preferences.

Please note that we may collect further categories of personal data if you choose to participate in our surveys. None of the questions in our surveys are mandatory, so you don’t have to share this information if you don’t want to. These further categories of personal data include: household income/information, details of employment, diet and eating habits, product feedback, spending behaviour, fitness/lifestyle information, and beliefs. We use this information to better tailor our communications to you as an individual.

We also collect, use and share Aggregated Data such as statistical or demographic data. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature.

However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.

We do not collect any special categories of personal data about you (except if you choose to participate in our surveys and answer the relevant questions (which are non-mandatory)). This includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data. Nor do we collect any information about criminal convictions and offences. If you post any of this data on the forum, you have chosen to make it public online, and anyone can read it.

Remember, if you choose not to share personal data with us, or refuse certain contact permissions, we might not be able to provide the products and services you’ve asked for.

5. Explaining the legal bases for using personal data

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

• Where we need to perform the contract we are about to enter into or have entered into with you. For example, when you purchase our products, that’s a contract between you and us for us to supply the products to you.
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests. For example, fraud screening as part of the check-out process or keeping our website secure.
• Where we need to comply with a legal or regulatory obligation. For example, keeping records of our sales for tax compliance.

Generally, we do not rely on consent as a legal basis for processing your personal data other than where the law requires it, for example in relation to sending certain direct marketing communications. Where our legal basis is consent, you have the right to withdraw consent any time.

See how and why we use your personal data below for more detailed information.

6. How and why we use your personal data

The table below gives you a breakdown of the details of how we are using your personal data, the types of personal data that applies to and why it is we can do this. When we explain why, we will identify the relevant category for explaining the legal bases for using personal data above, and, where it’s based on being able to do so for our legitimate interests, we will highlight what that legitimate interest is.

We may process your personal data for more than one legal basis depending on how we are using it.

7. Advertising, marketing and your communications preferences

There are lots of different ways you’ll see adverts for 96 Degrees, and these may not be using your personal data – sometimes we buy advertising space in the real world and on websites and in social media. If you see 96 Degrees’ adverts on websites and in social media, these may not be directed specifically at you, we may just have bid for the space. We may also be using a search engine or social media platforms ‘lookalike’ products, which are not directed at you and which you can control using each search engine or social media platform’s privacy settings.

We may use your Identity, Contact, Technical, Tracking, Usage and Profile Data to form a picture of what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you and tell you about them. We may carry out direct marketing by email, phone, text and post.

On our website, we make your direct marketing preferences clear. You may choose to opt out to receive our newsletter at basket stage, or as part of creating an account. We may also be able to send our customers relevant direct marketing about our own products and services unless they opted out during the purchase journey. We may also send you a little nudge as part of the purchase if you have left products in the basket without checking out.

At all times you have a right to opt out of direct marketing. The easiest way to opt out is to use the unsubscribe link at the bottom of the communication or just email us at contact@96degrees.com

We will get your express opt-in consent before we share your personal data with any company outside the Group for direct marketing purposes.

We also work with partners to try and promote the reach of our adverts and use analytics and retargeting for this reason. We use Tracking Data to deliver relevant online advertising, including on websites and in social media.

Tracking Data, and in particular cookies, help us to deliver website and social advertising that we believe is most relevant to you and to potential new 96 Degrees customers. The cookies used for this purpose are often placed on our website by specialist organisations – and this is also why when you’ve been on 96 Degrees website, you might see content from our website again. This is called retargeting.

Cookies can also tell us if you have seen a specific advert, and how long it has been since you have seen it. This is helpful, because it means we can control the effectiveness of our adverts and control the number of times people might be shown our adverts. Cookies also help us understand if you’ve opened a marketing email because we don’t want to send you things you don’t read.

If you want more information about Tracking Data, in particular cookies, see Cookies below.

Almost all the cookies that relate to advertising are part of third party online advertising networks. We may also deliver a file to you through the Site (known as a “web beacon”) from an advertising network with which we have contracted. Web beacons allow advertising networks to provide anonymised and aggregated auditing, research and reporting for us and for advertisers. Web beacons also enable ad networks to serve targeted advertisements to you when you visit other websites. These beacons may, for example, log that you have viewed a certain product on our Site, and then show you an ad for similar products when you browse to another website. Because your web browser must request these advertisements and web beacons from the ad network’s servers, these companies can view, edit, or set their own cookies, just as if you had requested a web page from their site. Many ad networks participate in the Network Advertising Initiative (“NAI”), a cooperative of online marketing and analytics companies committed to building consumer awareness and establishing responsible business and data management practices and standards, and such NAI members may allow you to opt-out of cookies or beacons they deliver. Again, we do not control the policies of any third parties, including advertising networks. We do not honour “do-not-track” signals from Internet browsers or other consumer choice mechanisms regarding the collection of behavioural tracking data. If you’d like to read about how you can control which adverts you see online, see opt-out programs established by the European Interactive Digital Advertising Alliance and the Digital Advertising Alliance (United States). We do not control cookies which are set by advertising networks. In Australia, the advertising and marketing communications industry is self-regulated and advertising is expected to adhere to the Code of Ethics set out by the Australian Association of National Advertisers, available to view at www.aana.com.au

8. Cookies

A cookie is a small file of letters and numbers that we store via your browser.

Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site. We use the following categories of cookies:

• Strictly necessary cookies. These are cookies which are needed to make the website work properly. They include, for example, cookies that enable you to log in, use a shopping cart or make secure payments.
• Analytical/ performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
• Functionality cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region). These also allow us to tell if you’ve left any products in your basket without checking out.
• Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website relevant to your interests and for advertising and retargeting purposes. We may also share this information with third parties for this purpose.

Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies. You may opt out of cookies set by specific entities by following instructions found at these links:

• Adobe: https://www.adobe.com/privacy/opt-out.html
• Google: https://adssettings.google.com/authenticated
• Facebook: https://www.facebook.com/about/ads
• LinkedIn: https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out
• Microsoft: https://account.microsoft.com/privacy/ad-settings/signedout
• Twitter: https://twitter.com/settings/account/personalization
• Yahoo: https://policies.yahoo.com/xa/en/yahoo/privacy/topics/opt-outfaq/

You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.

Please be aware that if you delete your cookies, two things will happen:

• We will no longer know that you've opted out of online behavioural advertising, so our adverts will still appear to you on other websites.
• We will no longer automatically recognise any website preferences that you have set.

9. Disclosures of your personal data

We may share personal data within the Group. We may share personal data with the following categories of third parties for the purposes set out in this privacy policy:

• Suppliers and service providers which process personal data on our behalf including technology service providers, logistics providers, post and courier service providers, data partners, auditors and professional advisors such as bankers, lawyers, accountants and insurers.
• Government departments and agencies, regulators, and law enforcement where we are required to share personal data by law.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

We also share data with third parties connected to our advertising, retargeting and analytics. Please see Cookies above, including the cookie list, for more information about how cookies are used in relation to third parties.

We may also share data with third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.

10. Notice to individuals in the European Union and United Kingdom

We share your personal data within the Group. We have operations in Australia, Canada, India, the EU and the UK, so this will involve transferring your data outside the UK and European Economic Area (EEA).We share data within our group based on a signed contract between our group of companies.

Many of our external third parties are based outside the UK and EEA so their processing of your personal data will involve a transfer of data outside the UK and EEA. Whenever we transfer your personal data out of the UK and EEA, we take steps to ensure and we will comply with the General Data Protection Regulation. This means that when we disclose personal data about an individual to an overseas recipient, we will take reasonable steps to ensure that the recipient does not breach the Data Protection Legislation in relation to that information. Where we have disclosed personal information to an overseas recipient, we remain accountable for an act or practice of the overseas recipient that would breach the Data Protection Legislation. This means we take reasonable steps to ensure that the overseas recipient only uses the personal information for the purpose for which it was collected by us, consistent with the Data Protection Legislation.

11. Data Security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

12. Data Retention

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for tax purposes. We also keep this basic information about our customers for a maximum of seven years following your most recent purchase from us or to enable us to deal efficiently with any after-sales queries that you may have. We keep customer profile information that you have indicated you are happy for us to have in order to keep you up to date regarding our products, services and events and will keep this information until such time as you indicate you no longer wish us to keep this data, or for seven years following your most recent active interaction with us (e.g. opening or clicking on an email we send you), whichever of these two is shorter.

13. How to contact 96 Degrees about privacy

If you have any questions about this privacy policy, or would like to exercise any of your rights, please email us at contact@96Degrees.com or write to us with your letter addressed to: Data Protection Officer, 96 Degrees (Beverages) Limited, 16 Upper Woburn Place, London WC1H 0AF.

If you need help about our products and services, or this website generally, please contact us at contact@96Degrees.com.

You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

14. Third-party links

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.

15. If you fail to provide personal data

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

16. Change of purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

17. Your legal rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data.

• Request access to your personal data

This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

• Request correction of your personal data

This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us. If you change any information we will notify you of the successful change. When you update information, we may maintain a copy of the unrevised information in our records.

• Request erasure of your personal data

This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), withdrawn your consent, and there is no other lawful basis where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

• Object to processing of your personal data

This enables you to object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms. The right to object to direct marketing purposes is absolute.

• Request restriction of processing your personal data

This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

• Request transfer of your personal data

We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

• Right to withdraw consent

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

If you wish to exercise any of the rights set out above, please see How to contact 96 Degrees about privacy above.

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

18. Accessibility

We are committed to ensuring this privacy policy is accessible to individuals with disabilities. If you wish to access this privacy policy in an alternative format, please contact us at privacy@96degrees.com.

19. Changes to the Privacy Policy

We may change this privacy policy from time to time. You should check this privacy policy occasionally to ensure you are aware of the most recent version that will apply each time you access this website. If you require a copy of this Privacy Policy in a specific form, please email us with your request and we will do our best to accommodate your request and provide you with a copy of this Policy in your requested form.

20. Finally, a small request from 96 Degrees

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.