Privacy Policy & Collection Notice

Last updated 24 August 2020

Fisher & Paykel Australia Pty Limited (ABN 71 000 042 080) and its related companies ('we', 'us', 'our') understands the importance of, and is committed to, protecting your personal information. We comply with the Privacy Act 1988 (Privacy Act). We are bound by the Australian Privacy Principles (APPs) which regulate how we may collect, use, disclose and store personal information, and how you may access and correct personal information held about you.

Where we provide you or a related entity with credit, we are also bound to comply with Division 2 of Part IIIA of the Privacy Act (Part IIIA) and the Credit Reporting Privacy Code (CR Code) which regulates the handling of credit information, credit eligibility information and related information by credit providers, like us.

PURPOSE

The purpose of this privacy policy is to:

• clearly communicate to you how we deal with personal information
• enhance the transparency of Fisher & Paykel's operations
• give you a better and more complete understanding of the sort of personal information that Fisher & Paykel holds, and the way we handle that information.

CHANGES TO THIS PRIVACY POLICY

We may change this privacy policy from time-to-time. The updated privacy policy will be posted on our website, with the date of the update shown.

THE INFORMATION WE COLLECT

We collect information about you that we reasonably need for our business functions and activities. Our functions and activities include:

• manufacturing and supplying products and services these are described generally on our website, our corporate brochures, advertising, and our letter and emails and communications to customers
• activities in support of those functions including administration, management, marketing, online and mobile marketing, IT, legal, security, customer support (including Fisher & Paykel Customer Care), finance (including credit control), property management and human resources
• activities we plan for the future including new ways of communicating, new products and services, new business models and new businesses.

Personal information is information or an opinion about a reasonably identifiable person. Generally we collect the following personal information about you:

• your name
• your contact details including residential or business address, telephone number and email address.

Where you or your business submits an application for commercial credit, we may also collect:

• certain other types of credit-related personal information (including information contained in a consumer or commercial credit report about you) including:
• information about your credit history, including information about your past experiences with us and other credit providers.
• the kinds of credit products that you have sought and obtained in the past. Information about your consumer credit payments overdue for at least 60 days and for which collection action has started.
• advice that payments that were previously notified to a credit reporting body (CRB) as overdue are no longer overdue.
• publicly available information about your credit-worthiness.
• an opinion of a credit provider that you have committed a serious credit infringement in relation to credit provided by that credit provider.

• we may also derive information about you from consumer or commercial credit reports about you, including:
• information which assists us to assess your suitability for credit.
• the likelihood of you being able to meet your commitments to us.

• We may combine the personal information described above with other information about you, for example:
• if your business or employer supplies us with products or services, or if your business or employer distributes, sells or services our products, we collect information about your trading with us (for example the products you buy or sell or the services you provide), your trading history and account history.
• if you apply for a position with us, we collect information to help us decide your application, including your date of birth, tax-file number, work history and similar details.
• if you request information from us (for example about a product, competition or promotion) or register a complaint, we collect information about your request or complaint.
• if you buy our products and services, we may collect information about the products you have purchased from us, together with the retailer you purchased from, or a service provider that provided you with warranty or other service and the service details and history.
• if you use social media, we may collect your social media profile name.

We record this information (personal information) in our database whilst we deal with you. We will remove this information from our database when we have no further need to keep a record of it, except if we are required to keep it by law (for example, for tax or for superannuation purposes).

HOW WE COLLECT INFORMATION ABOUT YOU

How do we collect personal information?

We collect personal information directly from you. We may record your contact details when you contact our Customer Care team, when you fill out an application form (including a credit application), when you purchase one of our products, when you provide your contact details via web, mobile or email or when you ask us for information or request something from us. Sometimes we collect personal information about you from another person or business, or from a publicly available source. For example:

• we may engage a consultant or agent to collect information for us about people who may be interested in buying or selling our products and services, or about people from whom we may be interested in buying or selling products and services.
• we may collect your personal information when you contact one of our authorised service agents or franchisees.
• if you are an employee of one of our business partners (e.g. a supplier or franchisee), we may be given your name and contact details by your employer.
• if you enter a competition or promotion organised by us, we may be given your name and contact details by the promoter of the competition or agent organising the event.
• if you make a credit application and also where you carry on business with us on credit terms, we may obtain information about you from CRBs and other credit providers.
• our service providers may provide us with your personal information from websites, social media sites, mobile, and other technology based sources.

We use lawful and fair means to collect your information. We will collect personal information about you from another person or from a publicly available source only if it is unreasonable or impracticable to collect it directly from you, and we will take reasonable steps to inform you that we have collected your personal information. Those reasonable steps may include informing you through this statement.

Unsolicited information

If we receive personal information about you that we have not requested, and if we determine that we could not have lawfully collected that information under privacy law if we had requested it, we will destroy or de-identify the information, if it is lawful and reasonable to do so.

DO I HAVE TO PROVIDE YOU WITH MY PERSONAL INFORMATION?

You can deal with us anonymously (without giving us your name and contact details) or by using a pseudonym (a name that does not include your real name, for example an email address or a user name that you use in an online forum (nickname).

If you choose to deal with us anonymously or by using a nickname, we can give you general information about our products and services, you may be able to buy certain products and services from us by paying in cash only, and you may be able to participate in any online forum we provide, but there are some things we cannot do, for example:

If you do not give us your personal information we cannot give you information about or open or close an account (if you are a supplier or distributor), deal with a complaint you may have, provide you with warranty services or other services or deliver a product to you at an address.

You cannot enter into one of our competitions or promotions anonymously or using a nickname. You can deal with us using a nickname together with your real name and contact details. If you choose to deal with us in this way, we may collect your personal information together with your nickname. When you identify yourself to us using your nickname only, we can deal with you only as described above. We may ask you to provide proof of your identity if you use a nickname.

WHY WE COLLECT PERSONAL INFORMATION ABOUT YOU

We collect and record personal information about you so that we can carry out our functions and activities described above. The primary purposes for which we collect your personal information include:

• so that we can administer our dealings with you, to provide you with information and to respond to any requests that you may have (for example, for warranty services).
• so that we can assess and process a credit application made by you or your business, establish, provide and administer your credit account, and collect overdue payments.
• so that we can function as a business, for example, we may collect your personal information for research, marketing or so that we can offer you new and exciting products, or if you are a supplier so that we can record your dealings with us.
• so that we can comply with agreements we have entered into with our franchisees.

We also collect your personal information for certain secondary purposes that are related to the primary purposes outlined above. Secondary purposes may include so that we can run our business efficiently, for example, so our advisors can provide us with customer research, or so that we can use technology to automate our business and to understand how our business is performing, to allow us to operate efficiently and to lower costs by outsourcing services (such as collecting or paying money). Other secondary purposes may include so that we can sell or transfer our business or merge with another business.

THE PROTECTION OF YOUR PERSONAL INFORMATION

We hold your personal information in paper-based and electronic files. We will take reasonable steps to ensure that your personal information which is kept in our files is protected from:

• misuse, interference and loss.
• unauthorised access, modification or disclosure.

This means that, in respect of our paper-based files, we maintain various security systems on our premises, and in respect of electronic files, we (or our service providers) maintain secure electronic network systems.

When we no longer require your personal information (including when we are no longer required by law to keep records relating to you), we ensure that it is destroyed or de-identified.

DISCLOSURE

Who do we disclose your personal information to?

We do not use or disclose your personal information for a purpose other than:

• a purpose set out in this privacy policy (primary or secondary purpose above).
• a purpose you would reasonably expect.
• a purpose required or permitted by law.
• a purpose otherwise disclosed to you to which you have consented.

Depending on the circumstances, we may disclose your personal information (including credit-related personal information) to other people including one or more of the following:

• service providers, including management, IT, security, legal, accounting, research, credit, marketing, insurers, financial institutions and others.
• other credit providers, to assist them with assessing a credit application they have with you, or to ensure that the information about you that we handle is correct.
• CRBs in order to obtain credit reports and also for the purpose of dealing with defaults on your credit account and serious credit infringements.
• our related companies, and companies that we may merge with government, regulatory and law enforcement authorities, where we are required to or permitted to by law.
• your employer, if you are an employee of a supplier or franchisee.

We take reasonable steps to ensure that these organisations are bound by confidentiality and privacy obligations with respect to the protection of your personal information.

Disclosure overseas

We may disclose your personal information to an overseas service provider, for example a cloud data centre or a customer information call centre including to service providers located in New Zealand, the United States, Canada, Mexico, India, Singapore, China, Thailand, Ireland, the United Kingdom and Europe. If it is not practicable or reasonable for us to gain your consent to disclose your personal information to an overseas service provider, we will take reasonable steps to notify you of the specific countries where we disclose your personal information. We will take reasonable steps to ensure that the overseas services provider is bound by privacy and confidentiality obligations.

ACCESS TO YOUR PERSONAL INFORMATION

You may request access to the personal information that we hold about you (including credit-related information) by using the contact details provided above.

We will deal with your request for such access within a reasonable time. If we refuse access, we will provide you with a written notice which sets out the reasons for the refusal and the relevant provisions of the Privacy Act that we rely on to refuse access.

We may recover reasonable costs in relation to a request for access to personal information.

Accuracy and correction

We take reasonable steps to make sure that the personal information we collect is accurate, up-to date and complete. We take reasonable steps to make sure that the personal information we use or disclose is accurate, up-to-date, complete and relevant. Where we believe that the personal information we hold is inaccurate, out-of-date, incomplete, irrelevant or misleading, we will take reasonable steps to correct that information.

You may request that we correct your personal information (including credit-related information) that we hold by contacting us by using the contact details provided above. We will take reasonable steps to correct the information to ensure that it is accurate, up-to-date, complete, relevant and not misleading.

We will deal with your request to correct your personal information within a reasonable time. If we do not agree with the corrections you have requested, we are not obliged to alter your personal information accordingly. However, where we refuse to correct any personal information as requested by you, we will give you a written notice which sets out the reasons for our refusal.

YOUR ACCEPTANCE

By using our websites and submitting our online forms you are deemed to have accepted our privacy statement. Fisher & Paykel Appliances may make amendments to its privacy policy from time to time. You have the right to correct any personal information about you which we may hold or to have this information removed from our records.

COOKIES POLICY

What is a cookie?

Cookies are harmless text files stored on your computer/device/browser when you visit certain sites/pages.

What do we use them for?

We use cookies to enhance and personalise your experience with us, for example, to allow you to include/save items in your shopping cart, and to make our site run smoothly and work best for you. The data is completely anonymous and none of the cookies we use collect personal information about you. To make full use of the features and functions of our site, (ecommerce) including to purchase on our site, your computer, laptop, tablet or smartphone needs to accept cookies. If cookies aren't accepted by/enabled on your web browser it will mean you will only be able to browse and research and won't be able to add products to your shopping cart and purchase them.

Managing cookies

Most web browsers have cookies automatically enabled. You can manage cookies through your browser settings. These are typically in the "privacy" section of your browser settings or preferences. In some instances you can configure your browser to notify you when you're offered a cookie and decide whether to accept or not.