Privacy policy
Last updated: MARCH 2025
This Privacy Policy describes how MALACHIZA (the "Site", "we", "us", or "our") collects, uses, and discloses your personal information when you visit, use our services, or make a purchase from malachiza.com (the "Site") or otherwise communicate with us (collectively, the "Services"). For purposes of this Privacy Policy, "you" and "your" means you as the user of the Services, whether you are a customer, website visitor, or another individual whose information we have collected pursuant to this Privacy Policy.
Please read this Privacy Policy carefully. By using and accessing any of the Services, you agree to the collection, use, and disclosure of your information as described in this Privacy Policy. If you do not agree to this Privacy Policy, please do not use or access any of the Services.
INTRODUCTION
This Privacy Policy applies if you are a visitor to our websites or our social media pages, if you purchase any products from MALACHIZA. We may collect, use, store and transfer different kinds of personal data about you when you visit our websites or social media pages, register for an online account with us, join any existing loyalty programme, contact us, subscribe to our newsletter or purchase any of our products.
We respect your privacy and are committed to protecting your personal data. We will ensure that your personal data is stored and used in accordance with this Privacy Policy.
CHANGES TO THIS PRIVACY POLICY
Please read this Privacy Policy carefully. We may update this Privacy Policy from time to time, including to reflect changes to our practices or for other operational, legal, or regulatory reasons. We will post the revised Privacy Policy on the Site, update the "Last updated" date and take any other steps required by applicable law. We encourage you to frequently check this page for any changes to stay informed about how we are collecting and processing personal data about you.
HOW WE COLLECT AND USE YOUR PERSONAL INFORMATION
To provide the Services, we collect and have collected over the past 12 months personal information about you from a variety of sources, as set out below. The information that we collect and use varies depending on how you interact with us.
In addition to the specific uses set out below, we may use information we collect about you to communicate with you, provide the Services, comply with any applicable legal obligations, enforce any applicable terms of service, and to protect or defend the Services, our rights, and the rights of our users or others.
WHAT PERSONAL INFORMATION WE COLLECT
The types of personal information we obtain about you depends on how you interact with our Site and use our Services. When we use the term "personal information", we are referring to information that identifies, relates to, describes or can be associated with you. The following sections describe the categories and specific types of personal information we collect.
INFORMATION WE COLLECT DIRECTLY FROM YOU
Information that you directly submit to us through our Services may include:
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Basic contact details including your name, address, phone number, email.
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Order information including your name, billing address, shipping address, payment confirmation, email address, phone number.
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Account information including your username, password, security questions.
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Shopping information including the items you view, put in your cart or add to your wishlist.
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Customer support information including the information you choose to include in communications with us, for example, when sending a message through the Services.
Some features of the Services may require you to directly provide us with certain information about yourself. You may elect not to provide this information, but doing so may prevent you from using or accessing these features.
Note: Personal data is 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). Whenever we collect, store, use, disclose or delete your personal data, this is referred to as processing your personal data. As a website user, visitor or customer or app user, we will process different kinds of personal data about you which we have grouped together as follows:
Identity data – data which identifies you including your name, title, user name, date of birth and gender.
Contact data – your contact details such as your billing address, delivery address, email address and telephone numbers.
Purchase data – information concerning the products you have purchased from us including how frequently you purchase from us, whether you have used any discount or gift card codes, or other offers, which products you have purchased, how much you have spent with us and information relating to your membership of our members reward programme, Represent Prestige, including how many Represent Prestige points you have collected and which rewards tier you are in.
Security data – for your security we keep an encrypted record of your login password.
Customer Service data – information relating to your interactions with our customer service team by email, phone, WhatsApp, on-line chat or by post or by submitting an enquiry form on our website or contacting us via our social media pages. For example, information you provide when you make a general enquiry, ask us for product advice or in the unfortunate case that you need to complain to us.
Financial data – data we collect if you purchase a product from us such as your bank account and your payment card details.
Review data – information you provide to us when you review our products or services such as via Trust Pilot or when you provide feedback to our customer services team.
Marketing data – data which we capture when you sign up to receive our newsletter or other marketing communications, including your preference regarding us contacting you this way, opt-out data and any vouchers or other offers we have sent you as well as data on how you respond to and interact with our marketing communications.
Technical data – electronic information which is automatically logged/stored by processing equipment including details of the device(s) you use to access our services, internet protocol (IP) address, your login data, browser type and version, time zone setting and location, country and telephone code where your device is located, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access our websites or apps or open our emails.
Usage data – information about how you use our sites, including how you navigate and interact with our site, which pages and products you view, the time on our site, information about your previous visits, the advertisements you view and click on, the contents of your shopping basket, products on your wish list and which you show an interest in, any search terms you enter and whether you encounter any problems. We also collect data about how you arrive at our websites (e.g. through a search and the search keywords used).
Social Media data – data you provide to us directly about your social media accounts or which we have access to when you connect with us or like or follow our social media accounts, including your social media handle, photograph, date of birth, location, occupation, interests and other information and content you make available via your social media accounts.
We also collect, use and share aggregated data such as statistical or demographic data for any purpose. Aggregated data could be derived from your personal data but is not considered personal data in law as this data will 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 (such as information about your health, race, political opinions, religious beliefs or sexuality). Nor do we collect any information about criminal convictions and offences
INFORMATION WE COLLECT THROUGH COOKIES
We also automatically collect certain information about your interaction with the Services ("Usage Data"). To do this, we may use cookies, pixels and similar technologies ("Cookies"). Usage Data may include information about how you access and use our Site and your account, including device information, browser information, information about your network connection, your IP address and other information regarding your interaction with the Services.
INFORMATION WE OBTAIN FROM THIRD PARTIES
Finally, we may obtain information about you from third parties, including from vendors and service providers who may collect information on our behalf, such as:
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Our third party ecommerce website provider (currently Shopify) whose services enable us to process electronic orders and payments for products and other providers of technical, payment and delivery services.
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Our payment processors, who collect payment information (e.g., bank account, credit or debit card information, billing address) to process your payment in order to fulfil your orders and provide you with products or services you have requested, in order to perform our contract with you.
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Analytics providers such as Google Analytics and Shopify Analytics who provide us with Technical and Usage data;
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Advertising networks such as Google Adwords, Facebook (Meta) and Pinterest who provide us with Technical and Usage data;
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Operators of social media platforms, including Facebook, Instagram, Twitter, LinkedIn, YouTube and TikTok, which may be based outside of AUS
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When you visit our Site, open or click on emails we send you, or interact with our Services or advertisements, we, or third parties we work with, may automatically collect certain information using online tracking technologies such as pixels, web beacons, software developer kits, third-party libraries, and cookies.
Any information we obtain from third parties will be treated in accordance with this Privacy Policy. We are not responsible or liable for the accuracy of the information provided to us by third parties and are not responsible for any third party's policies or practices. For more information, see the section below, Third Party Websites and Links.
WHEN DO WE COLLECT YOUR DATA
Direct interactions: We collect personal data directly from you when you interact with us or correspond with us directly via our websites or apps, by email, WhatsApp, online chat, by post or on social media. This includes personal data you provide when you:
- visit our website;
- create an account on our website or app;
- become of member of Represent Prestige, our members rewards programme;
- place an order for any of our products;
- subscribe to receive our marketing communications;
- engage with us on social media, such as by following us, liking our posts, commenting on our posts or sending direct messages;
- contact us by any means including filing out an enquiry form on our website or by sending us an email;
- give us feedback or respond to our request for feedback;
- request marketing to be sent to you;
- enter a competition, promotion or survey; or
- comment or review our products.
HOW WE USE YOUR PERSONAL INFORMATION
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Providing Products and Services. We use your personal information to provide you with the Services in order to perform our contract with you, including to process your payments, fulfill your orders, to send notifications to you related to you account, purchases, returns, exchanges or other transactions, to create, maintain and otherwise manage your account, to arrange for shipping, facilitate any returns and exchanges and to enable you to post reviews.
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Marketing and Advertising. We use your personal information for marketing and promotional purposes, such as to send marketing, advertising and promotional communications by email, text message or postal mail, and to show you advertisements for products or services. This may include using your personal information to better tailor the Services and advertising on our Site and other websites.
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Security and Fraud Prevention. We use your personal information to detect, investigate or take action regarding possible fraudulent, illegal or malicious activity. If you choose to use the Services and register an account, you are responsible for keeping your account credentials safe. We highly recommend that you do not share your username, password, or other access details with anyone else. If you believe your account has been compromised, please contact us immediately.
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Communicating with you. We use your personal information to provide you with customer support and improve our Services. This is in our legitimate interests in order to be responsive to you, to provide effective services to you, and to maintain our business relationship with you.
We have summarised below the legal basis we rely on to use your personal data and examples of how this works in practice:
*We will need to process your data when you purchase products from us in order to process and deliver your order including taking payment from you. We are likely to process your Identity, Contact, Purchase, Customer Service and Financial data on this basis.
*Where we have your consent to do so, subject to your right to withdraw consent:
- We may send you marketing communications by email or by SMS if you have subscribed to receiving these communications from us in this way. Our marketing email provider uses a pixel contained in our emails to track how you interact with them (such as whether they are delivered, opened, marked as spam or unsubscribe) and which features you click on and to collect Technical data (such as the type of device you use to open them and your location). This means that we can send you email content that’s more relevant and tailored to you. If you want to opt-out of email tracking at any time, then you can opt-out of receiving marketing emails.
- We may rely on the ‘soft opt-in’ to send you marketing emails and/or texts without asking for your express opt-in consent.
- You can easily opt-out of our marketing emails by clicking the ‘unsubscribe’ link or by contacting us by email at contact@malachiza.com. You can easily opt-out of our marketing texts by texting ‘STOP’ at any time.
- We will also obtain your consent to collect certain Usage and Technical data when we ask you to consent to cookies.
- We will get your opt-in consent before we share your personal data with any third party for marketing.
- Where we process information on the basis of consent, if at any time you want us to stop processing this information, you can withdraw your consent.
*Where it is necessary to comply with a legal or regulatory obligation that we are subject to:
- We are subject to legal and regulatory obligations that require us to process your personal data, for example, anti-money laundering obligations, compliance with subpoenas and government requests, and consumer contracts legislation. We are likely to process your Identity, Contact, Purchase, Security, Financial, and Technical data in connection with this purpose.
*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.
- We may analyse your personal information including Identity, Contact, Customer Service, Review, Marketing, Purchase, Technical, Usage and Social Media data so that we can form a view of what you may want or need or what may be of interest to you to send you marketing communications relevant to you.
- We may make use of additional information about you where it is available from third parties for this purpose.
Our legitimate interests in processing your personal data for our own business purposes include the following:
- To manage our relationship with you and notify you of changes to our terms and conditions or this Privacy Policy (which may include processing Identity, Contact, Purchase, Security, Customer Service, Review, Marketing, Usage, Technical and Social Media data);
- To promote our products and our business, including via our website, via email and via social media (which may include processing Identity, Contact, Purchase, Customer Service, Review, Marketing, Usage, Technical and Social Media data);
- To personalise our marketing to you to provide you with a better and more engaging experience (which may include processing Identity, Contact, Purchase, Customer Service, Review, Marketing, Usage, Technical and Social Media data);
- Where we have obtained your contact details in the course of a sale or negotiations for a sale of a product or service to you, we may rely on the ‘soft opt-in’ to send you direct marketing emails and/or texts in relation to similar products or services if you do not choose to opt out (which may include processing Identity, Contact, Purchase and Marketing data).
- To correspond with you concerning your account for our website or our app or your purchases, and to respond to your queries, refund requests and complaints (which may include processing Identity, Contact, Purchase, Customer Service, Marketing, Usage and Social Media data);
- To conduct our business and operate as a retailer of clothing, to further our business and community interests and operate profitably (which may include processing Identity, Contact, Purchase, Customer Service, Review, Marketing, Usage, Technical and Social Media data);
- To develop and grow our business, improve our products and offerings, our website, app and our customer service (which may include processing Identity, Contact, Purchase, Customer Service, Review, Marketing, Usage, Technical and Social Media data);
- To process orders for products including managing payments and collecting and recovering money owed to us (which may include processing Identity, Contact, Purchase, Financial, Customer Service, Review, Marketing, Usage and Social Media data);
- To send you survey and feedback requests to help us improve our products and services (which may include processing Identity, Contact, Purchase, Customer Service, Review, Marketing, Usage and Social Media data).
- To administer and protect our business, our website, and our online store (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) (which may include processing Identity, Contact, Purchase, Customer Service, Review, Marketing, Usage and Technical data);
- To create and maintain accurate business records (which may include processing Identity, Contact, Purchase, Customer Service, Review, Marketing, Usage, Technical and Social Media data);
- To protect our business and financial interests and for the purpose of establishing, exercising or defending legal claims (which may include processing Identity, Contact, Purchase, Security, Customer Service, Financial, Review, Marketing, Usage, Technical and Social Media data);
- To ensure our website and online store are being used in compliance with relevant terms and conditions (which may include processing Identity, Contact, Purchase, Security, Customer Service, Financial, Review, Marketing, Usage, Technical and Social Media data); and
- For fraud prevention, anti-money laundering, and for the prevention or detection of crime (which may include processing Identity, Contact, Security, Financial, Usage and Technical data).
COOKIES
Like many websites, we use Cookies on our Site. For specific information about the Cookies that we use related to powering our store with Shopify, see https://www.shopify.com/legal/cookies.
We use Cookies to power and improve our Site and our Services (including to remember your actions and preferences), to run analytics and better understand user interaction with the Services (in our legitimate interests to administer, improve and optimize the Services). We may also permit third parties and services providers to use Cookies on our Site to better tailor the services, products and advertising on our Site and other websites.
Most browsers automatically accept Cookies by default, but you can choose to set your browser to remove or reject Cookies through your browser controls. Please keep in mind that removing or blocking Cookies can negatively impact your user experience and may cause some of the Services, including certain features and general functionality, to work incorrectly or no longer be available. Additionally, blocking Cookies may not completely prevent how we share information with third parties such as our advertising partners.
HOW WE DISCLOSE PERSONAL INFORMATION
In certain circumstances, we may disclose your personal information to third parties for legitimate purposes subject to this Privacy Policy. Such circumstances may include:
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With vendors or other third parties who perform services on our behalf (e.g., IT management, payment processing, data analytics, customer support, cloud storage, fulfillment and shipping).
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With business and marketing partners, including Shopify, to provide services and advertise to you. For example, we use Shopify to support personalized advertising with third-party services. Our business and marketing partners will use your information in accordance with their own privacy notices.
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When you direct, request us or otherwise consent to our disclosure of certain information to third parties, such as to ship you products or through your use of social media widgets or login integrations, with your consent.
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With our affiliates or otherwise within our corporate group, in our legitimate interests to run a successful business.
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In connection with a business transaction such as a merger or bankruptcy, to comply with any applicable legal obligations (including to respond to subpoenas, search warrants and similar requests), to enforce any applicable terms of service, and to protect or defend the Services, our rights, and the rights of our users or others.
We have, in the past 12 months disclosed the following categories of personal information and sensitive personal information (denoted by *) about users for the purposes set out above in "How we Collect and Use your Personal Information" and "How we Disclose Personal Information":
Category |
Categories of Recipients |
|---|---|
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We do not use or disclose sensitive personal information for the purposes of inferring characteristics about you.
We have “sold” and “shared” (as those terms are defined in applicable law) personal information over the preceding 12 months for the purpose of engaging in advertising and marketing activities, as follows.
Category of Personal Information |
Categories of Recipients |
|---|---|
Identifiers such as basic contact details and certain order and account information |
Business and marketing partners |
Commercial information such as records of products or services purchased and shopping information |
Business and marketing partners |
Internet or other similar network activity, such as Usage Data |
Business and marketing partners |
USER GENERATED CONTENT
The Services may enable you to post product reviews and other user-generated content. If you choose to submit user generated content to any public area of the Services, this content will be public and accessible by anyone.
We do not control who will have access to the information that you choose to make available to others, and cannot ensure that parties who have access to such information will respect your privacy or keep it secure. We are not responsible for the privacy or security of any information that you make publicly available, or for the accuracy, use or misuse of any information that you disclose or receive from third parties.
THIRD PARTY WEBSITE AND LINKS
Our Site may provide links to websites or other online platforms operated by third parties. If you follow links to sites not affiliated or controlled by us, you should review their privacy and security policies and other terms and conditions. We do not guarantee and are not responsible for the privacy or security of such sites, including the accuracy, completeness, or reliability of information found on these sites. Information you provide on public or semi-public venues, including information you share on third-party social networking platforms may also be viewable by other users of the Services and/or users of those third-party platforms without limitation as to its use by us or by a third party. Our inclusion of such links does not, by itself, imply any endorsement of the content on such platforms or of their owners or operators, except as disclosed on the Services.
DO NOT TRACK SETTINGS
Some web browsers have settings that enable you to request that our website not track your movement within our website. Our website does not obey such settings when transmitted to and detected by our website. You can turn off tracking features and other security settings in your browser by referring to your browser’s user manual.
LINKS TO OTHER WEBSITES
Our website may contain links to other websites. These websites are not under our control and are not subject to our privacy notice. These websites will likely have their own privacy notices. We have no responsibility for these websites and we provide links to these websites solely for your convenience. You acknowledge that your use of and access to these websites are solely at your risk. It is your responsibility to check the privacy notices of these websites to see how they treat your PD.
USE OF YOUR CREDIT CARD
You may have to provide a credit card to buy products and services from our website. We use third-party billing services and have no control over these services. We use our commercially reasonable efforts to make sure your credit card number is kept strictly confidential by using only third-party billing services that use industry-standard encryption technology to protect your credit card number from unauthorized use. However, you understand and agree that we are in no way responsible for any misuse of your credit card number.
CHILDREN'S DATA
The Services are not intended to be used by children, and we do not knowingly collect any personal information about children. If you are the parent or guardian of a child who has provided us with their personal information, you may contact us using the contact details set out below to request that it be deleted.
As of the Effective Date of this Privacy Policy, we do not have actual knowledge that we “share” or “sell” (as those terms are defined in applicable law) personal information of individuals under 16 years of age. If you are under 16, do not use or provide any information on this website or through any of its features, register on the website, make any purchases through the website, use any of the interactive or public comment features of this website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 16, we may delete that information. If you believe we might have any information from or about a child under 16, please contact us at contact@malachiza.com
By using this site, you represent that you are at least the age to be legally recognised as an adult (the age of majority) in your location, or that you are legally an adult and have given us your consent to allow any of your minor dependents to use this site. (In Australia the age of majority is 18 years old).
SECURITY AND RETENTION OF YOUR INFORMATION
Please be aware that no security measures are perfect or impenetrable, and we cannot guarantee “perfect security.” In addition, any information you send to us may not be secure while in transit. We recommend that you do not use unsecure channels to communicate sensitive or confidential information to us.
How long we retain your personal information depends on different factors, such as whether we need the information to maintain your account, to provide the Services, comply with legal obligations, resolve disputes or enforce other applicable contracts and policies.
YOUR RIGHTS AND CHOICES
Depending on where you live, you may have some or all of the rights listed below in relation to your personal information. However, these rights are not absolute, may apply only in certain circumstances and, in certain cases, we may decline your request as permitted by law.
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Right to Access / Know. You may have a right to request access to personal information that we hold about you, including details relating to the ways in which we use and share your information.
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Right to Delete. You may have a right to request that we delete personal information we maintain about you.
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Right to Correct. You may have a right to request that we correct inaccurate personal information we maintain about you.
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Right of Portability. You may have a right to receive a copy of the personal information we hold about you and to request that we transfer it to a third party, in certain circumstances and with certain exceptions.
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Right to Opt out of Sale or Sharing or Targeted Advertising. You may have a right to direct us not to "sell" or "share" your personal information or to opt out of the processing of your personal information for purposes considered to be "targeted advertising", as defined in applicable privacy laws. Please note that if you visit our Site with the Global Privacy Control opt-out preference signal enabled, depending on where you are, we will automatically treat this as a request to opt-out of the "sale" or "sharing" of information for the device and browser that you use to visit the Site.
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Restriction of Processing: You may have the right to ask us to stop or restrict our processing of personal information.
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Withdrawal of Consent: Where we rely on consent to process your personal information, you may have the right to withdraw this consent.
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Appeal: You may have a right to appeal our decision if we decline to process your request. You can do so by replying directly to our denial.
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Managing Communication Preferences: We may send you promotional emails, and you may opt out of receiving these at any time by using the unsubscribe option displayed in our emails to you. If you opt out, we may still send you non-promotional emails, such as those about your account or orders that you have made.