PRIVACY POLICY AND TERMS OF USE

DIGITAL PRIVACY POLICY

Effective and last updated June 10, 2022

NEON RK Corp.  has adopted this Digital Privacy Policy ("Digital Privacy Policy"), which describes why and how we collect and use your information, deemed personal or not, provided to us by you or generated through a variety of digital means. It also explains how we share and protect your information, as well as the choices you have relating to your information and how you can contact us. By accessing or using this website or mobile application (collectively, the “Platform”) on any computer, mobile phone, tablet, console or other device (collectively, "Device"), you consent to our Privacy Policy. NEON RK Corp.  is a duly authorized vendor of Rip Curl Canada, Inc. (“Rip Curl”) operating the Platform under the authorization of Rip Curl. NEON RK Corp.  is providing the products and services.  NEON RK Corp.  may share your information with Rip Curl. Rip Curl may also use your information in accordance with Rip Curl’s Privacy Policy, as set forth below.

NEON RK CORP.  PRIVACY POLICY

COLLECTING INFORMATION

We collect and use your information which is necessary for the purposes identified in this Privacy Policy.

WHAT YOU GIVE US

We collect information you give us or permit us to access. Information may include, but is not limited to, your name, image, birth date, gender, data on physical characteristics (including height, weight, and other body measurements), email and physical address, telephone number, contact lists, social media information and profile, location (GPS) information, activity, and performance information, and when necessary, credit card information.

If you share with us a third party’s email address or any other personal information, you must have that party’s consent, an existing business or other relationship with that party, or a personal or family relationship with that party. If this is not the case, then do not share that party’s email address or other personal information.

If you are using a third party’s credit card in connection with the Platform, you represent and warrant that you are duly authorized to use and disclose that information. If this is not the case, then do not share that party’s credit card or other personal information.

WHAT WE COLLECT FROM YOU

We may automatically collect or generate information regarding your interaction with, and use of, our products and services. Information we may collect includes, but is not limited to, your telephone number, Device identifier and hardware information, IP address, browser type and language, cookie information, system type, whether you have enabling software to access certain features, access times, referring website URLs, information about your purchases and other information about your interactions with us.

WHAT WE COLLECT FROM OTHER RIP CURL INTERACTIONS AND THIRD PARTIES

We may combine information you give us, or information collected from you, with other information from Rip Curl sources, transactions and communications. This may include, but is not limited to, information from Rip Curl stores, direct mail, catalogues, events, products and applications, or other Rip Curl interactions. We may also combine that information with data that is publicly available and data from third parties. We also collect information about gift recipients provided by the giver.

CHILDREN'S PRIVACY

Although the Platform is intended for persons who are of legal age, younger visitors may browse the Platform. As much as possible and if we are aware of it, we do not knowingly collect or solicit personal information from children under 13 without the consent of their parents or legal guardian.

USING INFORMATION

We may use your information to do the following:

Platform Functionalities

  • Enable your use of the Platform and related products and services
  • Enhance, customize and personalize your Rip Curl experiences and communications with us
  • Use our features, such as placing an order for Rip Curl products and other services or activities
  • Operate, Improve and Analyze
  • Operate, provide, improve and maintain Rip Curl‘s products and services, including analyzing user behavior and trends
  •  Send you administrative messages and other information about the Platform or Rip Curl products, services or activities
  •  Communicate with you about your purchase, account information or customer service
  • Provide and Conduct Marketing and Promotions
  •  Communicate with you about our products, services and events, and for other promotional purposes
  • Administer contests, promotions, events, surveys, or other features
  • Display relevant marketing to you

Other Purposes

We may also use your information in other ways and will provide specific notice at the time of collection and obtain your consent where necessary.

SHARING INFORMATION

RIP CURL FAMILY

In order to process your transaction for Rip Curl products and for marketing purposes or other communications that you have opted to receive, we may provide your information to Rip Curl companies and affiliates, including Rip Curl Canada, Inc., and its subsidiaries, some of which may be outside of Canada and the U.S.

SERVICE PROVIDERS

We may transfer your information to Rip Curl Family service providers to conduct our business. For example, they may handle credit card processing, shipping, data management, email distribution, market research, information analysis, and promotions management. We may also share your information to administer features.

BY LAW OR TO PROTECT RIGHTS

We may disclose information upon governmental request, in response to a court order, when required by law, to enforce our policies, or to protect our or others' rights, property or safety. We may share information to prevent illegal uses of NEON RK Corp.’s products and services or violations of the Terms of Use, or to defend ourselves against third-party claims. We may also share information with companies assisting in fraud protection or investigation.

BUSINESS TRANSFERS

Your information may be transferred to a third party as a part of our business assets in a sale of a part or all of NEON RK Corp.  If this should happen, notice will be provided by posting to the website or other form of communication and we will require that such third party agree that it will be similarly bound by the provisions of this Privacy Policy.

PUBLIC SHARING

Default Sharing

When you join or use certain services, you agree to publicly share a basic amount of information, which may include your username, city location, and profile picture. If you do not agree to that sharing, then please do not join or use those services.

Sharing You Choose

You may choose to share certain information. In order to participate in certain features, you may have to adjust your privacy settings and share more information. You may also choose to share your activity on other platforms, such as social networks. By using any link or feature related to a social network or any other third-party website, you agree that the information that you send through these third-party websites is subject to the privacy polices of those third parties. Please be aware that we do not control third-party websites and the fact that they are listed on the Platform does not incur NEON RK Corp.’s liability. We encourage you to read the privacy policies of these social networks and third-party websites.

PROTECTING INFORMATION

Security Measures: We use a variety of security measures, including physical measures, encryption and authentication tools, to help protect your information. We use secure servers when you place orders. All credit card information you supply is transmitted via Secure Socket Layer (SSL) technology. We keep our mandatories and employees as well as our services providers informed of the content of our Privacy Policy and importance of protecting privacy, confidentiality and security of information. Access to your information is limited to persons who must have that access. NEON RK Corp. contracts with third-party providers for the storage of all information collected, including personal information. Your personal information is kept and stored on our behalf in the U.S. and Canada. All data is stored on servers with high-security safeguards and protected against misuse and access from unauthorized individuals.

NO GUARANTEE

However, like other companies, and as no security measure is foolproof, we cannot guarantee 100% the security or confidentiality of the information you provide to us.

COLLECTION TOOLS

How We Collect Information

NEON RK Corp.  automatically collects information within our products and services or stored by your browser or Device. We use a variety of methods to collect this information, including, but not limited to, cookies and pixel tags/web beacons ("Collection Tools"). The information collected through the Collection Tools may include your (i) IP address; (ii) unique cookie identifier, cookie information and information on whether your Device has software to access certain features; (ii) unique Device identifier and Device type; (iv) domain, browser type and language; (v) operating system and system settings; (vi) country and time zone; (vii) previously visited websites; (viii) information about our interaction with your Platform such as click behavior, purchase and individual preferences; and (ix) access time and referring URLs. Collection Tools enable us to customize and improve our content according to your preferences.

In many cases, your web browser or Device platform will provide additional tools to allow you to control when your Device collects or shares particular categories of information. For example, your web browser or Device may offer tools to allow you to manage cookie usage or location sharing. We encourage you to familiarize yourself with and use the tools available on your Device.

Turning off Collection Tools

If you turn off certain Collection Tools, you may not have access to many features that make your experience more efficient and some of our services and features may not function properly. Note our websites may not recognize or respond to Do Not Track (DNT) headers from web browsers.

CHOICES

Modifying or Deleting Your Information

You can modify or delete your profile within certain of our services, through your account. Your information previously posted may still be publicly viewable. NEON RK Corp.  may keep information and content in our backup files and archives.

COMMUNICATION/UNSUBSCRIBE/OPT-OUT

Regardless of the settings you select, NEON RK Corp.  may send you service-related communications. To unsubscribe and stop receiving messages, please change your settings or follow the instructions in the email, text message, notification or other message type. If you have unsubscribed from any of our communications, due to production schedules, you may receive communications already in production.

INTERNATIONAL USERS

Our digital operations are conducted, in whole or in part, in Canada and the United States. Regardless of where you live, you hereby express consent to have your personal data transferred, processed and stored in Canada and the United States, and allow NEON RK Corp.  to use and collect your personal information in accordance with this Privacy Policy.

RETENTION OF YOUR INFORMATION

We retain your information for as long as necessary to fulfill the purposes for which we collect it, except if otherwise required or permitted by law.

TERMS OF USE

Please visit our “Terms of Use (below)”, which explain other terms governing the use of the Platform and our products and services, including the governing law and jurisdiction.

YOUR RIGHTS RELATED TO YOUR PERSONAL INFORMATION

At all times, you have the right to withdraw your consent with respect to our use of your personal information. You also have the right to access your personal information and to modification or deletion, in the event your personal information as stored by us or on our behalf is incorrect or otherwise unlawful. Please refer to the “Contact Us” Section to find out more about you can communicate with use.

CONTACT US

We welcome your questions, comments and concerns about our Privacy Policy and privacy practices. If you wish to provide us with any feedback, or if you have any requests, questions or concerns about our Privacy Policy and privacy practices, please contact us at: Attn: NEON RK Corp.  Privacy Policy Customer Service: privacy@neonrkcorp.com.

RIP CURL GROUP PRIVACY STATEMENT (Last updated July 20, 2022)

INTRODUCTION

At Rip Curl we take your privacy seriously. The purpose of this Privacy Statement is to inform you about our collection, use, and disclosure of any personal information that we may hold about you, including how we ensure the accuracy, integrity, and security of such information. If you are under the age of 16 years or if you are otherwise considered a minor where you live, you confirm that you have parental/guardian consent to provide your information to us for use in accordance with the terms of this Privacy Statement. 

This Privacy Statement should be read in conjunction with the agreement under which you engaged with us (if any), and any terms and conditions provided to you.

Rip Curl refers to Rip Curl Proprietary Limited (ACN 004 838 064) (Australia and New Zealand), Rip Curl Europe SAS (Europe), Rip Curl Inc (United States of America), RC Brazil LTDA (Brazil), Rip Curl Japan Co Limited (Japan), Rip Curl Canada Inc (Canada) and any other related entity that is operating a Rip Curl website, all of which are a part of the KMD Brands Limited group. 

Changes to this Privacy Statement

This Privacy Statement may be updated periodically. We advise you to check back frequently to see any updates or changes. The latest version and publication date will always be clearly marked.

WHAT PERSONAL INFORMATION DO WE COLLECT?

For the purpose of this section, “Contact Information” means first and last names, email address and contact phone number. 

We collect personal information directly from you when you:

Visit our stores

We collect Close-Circuit Television (CCTV) footage. 

Purchase goods in store 

We collect your payment method and details of items purchased, including style and size preferences. 

Complete a hard copy form or provide your information to us in store

We collect your Contact Information, your areas of interest, style, and size preferences.

Purchase or return goods online, or pay other than by cash

We collect your Contact Information, delivery address, billing address, company name, password, payment method and details of items purchased, including interests (for example, camping and hiking or snow and ski), style and size preferences. Our websites may include Rip Curl-branded websites that are operated by third parties who sell goods directly to you, in which case they are collecting your personal information on our behalf.

Visit, search for and browse our websites

We collect:

  • the Internet Protocol (IP) address used to connect your computer or device to the internet;
  • your login information;
  • data on your screen settings and device settings, such as the point and scroll settings of your mouse;
  • web browser type and version;
  • time zone settings; and
  • operating system information. 

We also collect information about your use or visit, including:

  • statistical information about visits to pages on the site;
  • the products you viewed or searched for;
  • page response times;
  • duration of individual page view;
  • page interaction information (such as scrolling, clicks and mouse-overs);
  • the paths taken by you through the site; and
  • the full Uniform Resource Locators (URL) clickstream to, through and from our site (including date and time).

Create an online account through our website

We collect your Contact Information and date of birth. 

Sign up to Club Rip Curl

We collect your Contact Information, date of birth, and password. Through the use of your Club Rip Curl card in Apple Wallet or Google Pay, we may collect feedback about your use of Apple Wallet and Google Pay to help us better understand and improve the experience for our members, which may include your location information. If you do not want us to collect, use or disclose the information described above, you should not register your Club Rip Curl membership card in Apple Wallet or Google Pay. 

Use of Apple Wallet or Google Pay is subject to the following Privacy Policies, which may change from time to time. It is important that you read the policy before registering your Club Rip Curl card in Apple Wallet or Google Pay.

Contact us via email 

We will collect your email address and any contact information provided. We will also collect the contents of your email.

Contact us via our contact us form

We will collect your email address and the details of the matter that you are contacting us about. 

We will also collect your Club Rip Curl number, and order number, if you choose to provide it to us. 

Contact us by telephone

We collect your Contact Information and the content of the conversation, which is recorded. 

Contact us via social media

We collect information about your social media username/handle, the social media platform you used and the contents of your post or message (which may also include your Contact Information, if you provide this to us).

Contact us via mail

We collect your Contact Information and the contents of your letter. 

Contact us via chat bot 

We will collect your Contact information, if provided, and the contents of your chat session. 

Submit a product review

Your full name and email address.

Enter a competition, promotion, sweepstakes, contest, or survey

Your Contact Information, contact number, address, and date of birth. 

Make an application to be a wholesale customer

Your Contact Information, postal and residential address, date of birth and credit application information, including credit card payment details. 

Apply for employment with us

Your Contact Information, physical address, curriculum vitae, cover letter, details of current work permit or visa (including your passport number), your availability to work, medical conditions, and salary expectations.

Engage with public platforms

We may also collect personal information about you from a third party or a publicly available source, including social media. We also work closely with third parties (for example, business partners, joint marketers, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, social media companies and search information providers) and may receive information about you from them. We may combine this data with other information we collect. 

WHAT PERSONAL INFORMATION DO OTHERS COLLECT?

If you use our services while logged into the following services, then they will collect information about your browsing as detailed in their privacy policies.

We use Google Analytics to collect information about your browsing habits while using our services. As detailed within Google’s Privacy Policy, Google may share this information publicly and with their partners.

USE OF COOKIES AND WEB TRACKING

A cookie is a piece of code that creates a file on your computer to track the pages that you view on our website.  We use cookies for a variety of purposes including to make your online experience more efficient and enjoyable.

The information we obtain from our use of cookies will not usually contain your personal data.  Although we may obtain information about your computer or other electronic device such as your IP address, your browser and/or other internet log information, this will not usually identify you personally. In certain circumstances we may collect personal information about you—but only where you voluntarily provide it (eg by completing an online form) or where you purchase goods from us.

We work with third party suppliers who may also set cookies on our website, for example Google Analytics and Facebook. These third party suppliers are responsible for the cookies they set on our site. If you want further information please go to the website for the relevant third party.

If you do not want to accept cookies, you can change your browser settings so that cookies are not accepted. If you do this, please be aware that you may lose some of the functionality of this website.

Do Not Track is a privacy preference offered by certain browsers. We do not respond to Do Not Track signals.

WHY DO WE COLLECT YOUR PERSONAL INFORMATION?

Rip Curl collects personal information for a variety of purposes including the following:

  • Enabling you to purchase products from us, to process your orders and deal with administrative issues;
  • Answering your inquiries and delivering customer service to you;
  • Administering our Club Rip Curl loyalty program, including communicating with you about your membership;
  • Enabling you to enter contests, promotions, or events that we promote or run;
  • Satisfying your warranty or product service or repair requirements;
  • Providing you with information about products, promotions, functions, or events, including those of KMD Brands entities and selected partners;
  • Enabling selected third parties to provide you with information about other products or services that we think may be of interest to you according to your preferences and applicable law;
  • Measuring or understanding the effectiveness of advertising we serve to you and others and to deliver relevant advertising to you; 
  • Undertaking research to understand our customers, and making improvements to our products, services, purchasing and customer support processes;
  • Administering our site for internal operations, including troubleshooting, data analysis, testing, research, security, statistical and survey purposes;
  • Allowing you to participate in interactive features of our products and services, when you choose to do so;
  • Enabling Rip Curl to undertake credit assessments for wholesale applicants;
  • Reviewing employment applications; 
  • Meeting our legal or compliance obligations;
  • Managing and resolving any legal or commercial complaints and issues; and
  • Enforcing the law. 

If you choose not to provide certain personal information you should be aware that we may not be able to provide you with products and services. 

We may send marketing or promotional communications to you, including about our products, services, or brand. If you do not wish to receive such communications, please contact us and we will respect your request and cease future communications. You can also unsubscribe via the relevant link in the email you received.

WHAT LEGAL BASIS DO WE HAVE FOR PROCESSING YOUR PERSONAL INFORMATION?

We process your personal information because you’ve given us permission and because we need to process the information to provide the services you have requested and/or to fulfil our contract with you. We may also process your personal information to comply with the law.

WHO DO WE SHARE YOUR INFORMATION WITH?

We engage a number of organisations to perform certain business-related functions on our behalf (including web hosting, maintaining databases, logistics, promotional, research or marketing activities, and processing of payments). These organisations are contractually required to protect your personal information and to only use it for the purpose of performing the relevant business-related functions.

Information may also be disclosed in the following circumstances:

  • If you voluntarily enter contests, promotions, or events that we promote or run, we may publicly disclose the name and location (city) of winners.
    If you register your Club Rip Curl card in Apple Wallet or Google Pay, then we will share your Club Rip Curl membership number and the associated barcode with Apple or Google (as the case may be) in order to facilitate the use of your Club Rip Curl membership card within Apple Wallet and Google Pay. 
  • To advertisers and advertising networks that require data to select and serve relevant adverts to you and others. 
  • Subject to your opt-in and/or opt-out rights, to third parties for their own marketing purposes such as co-sponsors of events or activities. 
  • With other entities within the KMD Brands Limited group
  • In the event that we buy, sell, reorganise, merge or dissolve businesses or assets, in which case we may disclose your personal information to the prospective seller or buyer of such business or assets.
  • We may also disclose personal information to law enforcement, regulatory bodies, legal advisors or similar third parties (1) where we are under a legal duty to disclose or share personal information in order to comply with a legal obligation (which may include courts, law enforcement and national security authorities of jurisdictions in which we operate or store personal information), (2) in order to enforce or apply our website terms and conditions and other agreements, or (3) to protect our rights, property, or safety of our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction. 

We may also share anonymised information with carefully selected third parties, where there is an identified benefit to some or all of the Rip Curl customer base (for example, environmental protection research). This data will not identify you.

We do not disclose your personal information to any third party other than those described previously, subject to where we are legally required to do so or where you have provided consent.

HOW DO WE SECURE YOUR INFORMATION?

Your personal information is held in a controlled and secure environment. We use appropriate technical, organisational, and administrative security measures to protect any information we hold from loss, misuse, and unauthorised access, disclosure, alteration, and destruction.

Please do not enter any credit card details or sensitive personal information when contacting us via email, or through our website “Contact Us” form.

DO WE USE AUTOMATED DECISION MAKING OR PROFILING?

Personalising your experience through profiling (Australia and New Zealand only)

Rip Curl collects personal information about you when you browse our website and purchase items from our stores. Rip Curl may use this information to personalise your browsing and shopping experience. We do this by using software to analyse information collected and to determine which products and offers you may be interested in based on defined segmentations. We then use these insights to provide you with tailored product and offer recommendations and information which may assist you in your decision making. We also regularly review interactions with our messaging at an aggregated (non-identifiable) level in order to measure the effectiveness of our segmentation and personalisation activities.  

DO WE SELL YOUR PERSONAL INFORMATION?

For the purposes of the California Consumer Privacy Act (CCPA), in certain instances, we will share personal information among our affiliated companies and with third parties who provide valuable services to us. This falls within the wide definition of “selling” under the CCPA, however, we do not sell your personal information for money

HOW LONG DO WE KEEP YOUR INFORMATION?

We only keep your personal information for as long as it is required.

We will keep your personal information:

  • until we no longer have a valid reason for keeping it;
  • until you request us to stop using it;
  • for as long as required by law.

We may keep just enough of your personal information to ensure that we comply with your requests. We will not use your personal information for any purpose other than those described in this Privacy Statement and will comply with your right to deletion (described below).

WHERE DO WE HOLD YOUR INFORMATION?

We hold your personal information worldwide. 

Wherever your information is held we ensure your rights are protected. We do this by:

  • ensuring we have suitable legal contracts in place; and 
  • holding information in countries with an adequacy decision (note New Zealand is one of these).

WHAT ARE MY RIGHTS?

Your right

How we protect your right?

The right to be informed

We have published this Privacy Statement to keep you informed as to what we do with your personal information. We strive to be transparent about how we use your personal information.

The right to access

You have the right to access your information. Please email us if you want to access the personal information that we hold about you.

The right to correction

If the information we hold about you is inaccurate or not complete, you have the right to ask us to rectify it. You can correct your information either within your account or by emailing us.

The right to deletion

This is sometimes called ‘the right to be forgotten’. If you want us to delete all your personal information, please email us.  

The right to restrict processing

You have the right to ask us to restrict how we process your personal information. This means we are permitted to store the data but not process it. If you want us to restrict processing of your information, please email us. 

The right to data portability

We will allow you to obtain your personal information for your own purposes across services in a safe and secure way. Please email us if you wish to port your information.

The right to object

You have the right to object to how we process your personal information. If you wish to object, please email us. As part of the right to object, Californian residents have the right to opt out of having their personal information sold. If you wish to opt out of having your personal information sold, please email us.

The right to withdraw consent

If you have given us your consent to process your personal information but change your mind later, you have the right to withdraw your consent at any time. If you want to withdraw your consent, please email us. 

The right to complain to a Supervisory Authority

You have the right to complain if you feel that we have not responded to your requests to solve a problem. The relevant Supervisory Authority will depend on your location.

HAVE A QUESTION OR CONCERN?

In the first instance, please get in contact with us directly via the details below. If you consider that your query or privacy concerns have not been resolved satisfactorily by us or you wish to obtain more information on privacy requirements, you can contact the relevant Supervisory Authority. 

Location 

Contact Details

Supervisory Authority


Australia

The Office of the Australian Information Commissioner. 

Information about how to lodge a complaint is available on the Privacy Commissioner’s website. 


Brazil

The Brazilian Data Protection Authority. 

Information about how to lodge a complaint is available on the Commission’s website.


Canada

Email: us.customerservice@ripcurl.com

Via the Contact Us form

Rip Curl North America
3030 Airway Avenue
Costa Mesa, CA 92626

The Office of the Privacy Commissioner of Canada. 

Information about how to lodge a complaint is available on the Privacy Commissioner’s website. 


EU and the United Kingdom

Email: eu.dataprotection@ripcurl.com

Telephone: +33 969 394 069

Rip Curl Europe, 
Privacy Officer
407 Avenue de la Tuilerie
40150 Soorts-Hossegor, France

The UK Information Commissioner’s Office. 

Information about how to lodge a complaint is available on the ICO’s website

For EU members, see the EDPS’ website for information on your relevant data protection authority. 


Indonesia

Email: id.customer.care@ripcurl.com

Telephone:  +62 361 751745

There is currently no supervisory authority in Indonesia.  


Japan

Email: info@ripcurl.jp

Telephone: 0466-28-7766

Rip Curl Japan Co., Ltd.
Personal Information Manager 551 Fujisawa, Fujisawa-shi, Kanagawa
251-0052
5F, Nisshin Building

The Personal Information Protection Commission.  Information about how to lodge a complaint is available on the Commission’s website.


New Zealand

The New Zealand Office of the Privacy Commissioner.

Information about how to lodge a complaint is available on the Privacy Commissioner’s website.


United States

Email: us.customerservice@ripcurl.com

Via the Contact Us form

Rip Curl North America
3030 Airway Avenue
Costa Mesa, CA 92626

The United States Federal Trade Commission

Information about how to lodge a complaint is available on the Commission’s website

This RIPCURL Website is operated by NEON RK Corp, on behalf of Rip Curl International Pty Ltd. NEON RK Corp shall be responsible for sales of goods to consumers.