- we protect the privacy of personal information we collect and use;
- we may use such information and to whom such information may be disclosed; and
- individuals can access and correct the personal information we hold, lodge complaints with us in relation to alleged breaches of privacy or to make any related enquiry.
ScopeAll our staff and contractors must comply with this policy in relation to any personal information they handle. Personal information may be collected from any individual with whom we may have contact, including job applicants, representatives from current and prospective suppliers, and representatives from current and prospective customers.
We collect a range of personal information about an individual, including an individual’s name, address, telephone number, email address, age and date of birth.
We may also collect information about you when you access our website. The information we collect from visits to our website is generally anonymous (unless you specifically complete and submit a form that is made available online via our website). We generally do not use such information to identify specific individuals.
However, due to the nature of the Internet, such information may contain details which may identify a particular individual (such as the IP address of the computer accessing our website, the internet service provider used by the individual, the web-page directing the individual to our website and the individual’s activity on our website).
How we collect personal informationWe only collect personal information using lawful means. We may collect personal information about an individual from a variety of sources using a variety of means, including:
- a form (either physical or online) that is completed and submitted to us;
- a telephone, email or in-person inquiry or discussion about us, the products and/or services that we provide;
- mail correspondence, emails and other electronic means (including by accessing our website and the use of the “contact us” form on our website);
- through posts submitted to social media channels that we offer or monitor;
- publicly available sources of information;
- from job applicants and staff members;
- direct contact in the course of us providing services (including the processing of warranty claims and administration of business accounts established with us);
- in the course of conduct market research, including customer satisfaction surveys;
- from current and prospective suppliers of goods and/or services to us;
We usually collect personal information about an individual directly from that individual, unless it is unreasonable or impracticable to do so. Additionally, we will usually only collect personal information when we specifically ask for that information.
However, from time to time, we may receive unsolicited personal information about an individual. In accordance with our statutory obligations, we will determine whether or not we could have collected that information lawfully. If we determine that we could not have done so lawfully, then we will promptly destroy or de-identify such information.
You do not need to provide us with your personal information and you may interact with us on an anonymous or pseudonymous basis. However, if you choose to interact with us in this fashion, or if you do not provide us with personal information when requested, we may be unable to provide you with all the goods and/or services that you seek from us.
Further, we may need to verify your identity as part of our response to a request to access and/or correct personal information we hold about you, or as part of our complaints-handling process. If we are unable to verify your identity, or you continue to engage with us in an anonymous or pseudonymous manner, we may be unable to satisfy your request or complete our complaints-handling process.
What personal information do we collect
We may collect personal information such as (but not necessarily limited to) an individual’s name, date of birth, street and postal address, email address, phone numbers and other contact details. We do not collect financial information and credit card details for any goods and/or services purchased from us.
We may also collect product serial number(s) for products purchased from us.
We may collect the following information for marketing purposes and as part of improving our customers’ experience with us:
- When an individual visited our website or contacted us either in-person or over the telephone;
- When an individual visits our website, the pages viewed and information downloaded;
- When an individual visits our website, the IP address of the computer used to visit our website and the page from where the individual visited our website, the type of browser used and information about websites visited before the individual visited our website; and
- When an individual contacts us over the telephone, we may record the conversation for training purposes and for the purpose of improving our customer experience.
We may also collect data from our website using various technologies (including ‘cookies’). A ‘cookie’ is a text file our website transmits to an individual’s browser which is stored on the individual’s computer as an anonymous tag identifying the individual’s computer (but not the individual) to us. The browser may be configured to disable cookies, but some parts of our website may not function properly (or at all) if cookies are disabled.
How we use personal information we collect from individuals> As a general principle, and in accordance with our statutory obligations, we only use personal information for the primary purpose for which the personal information is collected or a secondary purpose related to the primary purpose for which you would reasonably expect us to use the collected information or otherwise as permitted by law (including the Australian Privacy Principles).
We may use personal information we collect about an individual for the following purposes:
- to provide products and services to the individual;
- to install, maintain or service products we have supplied to an individual;
- to register a product we have sold to an individual (including for the purpose of future warranty claims);
- processing transactions and administering customer accounts (including by processing of invoices, bills, statements of account and related financial matters necessary to enable us to provide goods and/or services to the individual);
- addressing queries, warranty claims and resolving complaints;
- to send information updates, marketing materials and newsletters to current and prospective customers who have consented (either expressly or impliedly) to receive such information and provided they have not opted out from receiving such information;
- seeking the participation of current and prospective customers (on a voluntary basis) in advertising campaigns, events, launches, customer testimonials and focus groups;
- to initiate contact with an individual if the individual has not purchased products or services from us for an extended period of time, or otherwise has not engaged with us for an extended period of time (unless we are informed that the individual no longer wishes to be contacted by us or by anyone on our behalf);
- to improve our products and services, our website, our other means of communicating with our current and prospective customers; and
- to directly market our products and services to current and prospective customers (including through direct mail and direct emails to current and prospective customers) provided that such recipients have not opted out of receiving such communications from us.
To whom we may disclose your personal informationWe may disclose personal information we collect from individuals to third parties but only on an as-needs basis and in order to fulfil one or more of the purposes for which we collected the personal information (or any secondary purpose related to the primary purpose for which we may be permitted to disclose such information as permitted by law).
The third parties to whom we may disclose personal information may include:
- our dealers, distributors, agents or contractors (including, for example but without limitation, enabling dealers, distributors, agents or contractors to perform services on our behalf, such as delivering packages, addressing warranty claims, sending correspondence and processing payments);
- email marketing providers;
- our professional advisers; and
- Sub-Zero, Inc and Wolf Appliance, Inc.
We may also disclose personal information about an individual when required by law or court order, or other governmental order or process to disclose, where we believe in good faith that the law compels us to so disclose information, or where we are required to do so as a result of any obligations owed by us to an individual under any contract.
We may disclose personal information such as an individual’s IP address in cooperation with internet service providers to identify users, if we deem it necessary to do so in order to comply with relevant laws.
Personal information may be disclosed if it is reasonably necessary to do so in order to identify, contact or bring legal action against someone who may cause or be causing harm to, or interference with products we have sold, our information technology systems and equipment, or our property.
Personal information about individuals we have collected may be disclosed to third parties in the event our business and/or assets are sold or offered for sale, or shares in our company are sold or offered for sale, at or before the time of a merger, acquisition or sale.
Where we engage third parties to provide products and/or services to us, such third parties may have access to personal information we hold about individuals. We do not authorise these third parties to use any personal information we may disclose or allow the third parties to access to use or disclose such personal information for any purpose other than to facilitate the completion of their obligations owed to us.
Without limiting the foregoing, we may disclose your personal information to our business partners and advisers, such as auditors, financial services or insurance companies, or to our professional advisers (such as our legal and accounting advisers) for them to complete their obligations owed to us under agreements that we have entered into for the purpose of undertaking our business operations and activities.
In addition, we may disclose statistics (with personal identifiers removed) about our customers, readers, sales, traffic patterns and related website functions to reputable third parties primarily for the purpose of assisting us to improve our product and service offering.
Third parties to whom we disclose personal information may be located outside Australia, including Sub-Zero, Inc and Wolf Appliance, Inc in the United States of America, and their related entities.
Additionally, information (including personal information) may be hosted for us in data centres located outside Australia, including in Europe, the USA and/or other countries as determined by us from time to time at our discretion.
In the event we disclose personal information to a third party located outside Australia, we will take reasonable steps to ensure that the third party recipient has implemented and maintains reasonable security mechanisms to protect the information.
Wherever reasonably practicable, we will first seek your consent to such cross-border disclosure. Where you consent to such disclosure, we will be exempt from the requirements of the Privacy Act 1988 (Cth) in relation to such disclosed information.
Where it is not reasonably practicable for us to obtain your consent, we will otherwise comply with the requirements of the Privacy Act 1988 (Cth) in relation to such disclosed information.
You have the right to inform us that you do not wish for us to send information to you other than for the primary purpose for which we collect your personal information. We will always attempt to ensure that our disclosure of personal information to other organisations is carried out in a manner which does not personally identify individuals, to the extent that it is practicable and lawful to do so.
Direct marketingWe may directly market our products and/or services to an individual on the basis that the individual would reasonably expect us to do so, where we have already collected the individual’s personal information.
Where we collect information about an individual from a third party, we will not use that information to directly market to that individual unless that individual provides us with consent (either express or implied).
In directly marketing our products and services, we will comply with other laws relevant to marketing, including the Spam Act 2003 (Cth), the Do Not Call Register Act 2006 (Cth) and the Competition and Consumer Act 2010 (Cth).
All direct marketing communications which we send will include an easy opt-out procedure if at any time you wish for us to stop sending you marketing communications.
SecurityWe strive to ensure the security of personal information we collect. We take reasonable steps to protect your personal information from misuse, interference and loss, and from unauthorised access, modification or disclosure.
We regularly review and update our physical and data security measures in light of current technologies. Unfortunately, no data transmission over mobile data and communication services can be guaranteed to be totally secure.
In addition, our employees and contractors who provide services related to our information systems are obliged to respect the confidentiality and privacy of any personal information we hold.
We do everything reasonably within our power and control to prevent unauthorised use or disclosure of personal information we have collected and hold. However, we are not responsible for events arising from any unauthorised use of or access to personal information except to the extent that such unauthorised use or access is as a result of our failure to comply with our legal obligations in relation to the reasonable steps taken to secure the personal information we hold.
Accuracy of the personal information we holdWe take reasonable steps to ensure that the personal information we collect, use and disclose is accurate, complete and up-to-date. However, the accuracy of the information we hold largely depends on the accuracy of information supplied to us. If at any time you discover that any information we hold about you is inaccurate, out-of-date, incomplete, irrelevant or misleading, please contact us to correct the information.
Accessing and correcting personal information we holdWhere we hold personal information about an individual, that individual is entitled at any time (upon request) to access the personal information we hold about that individual.
Where we receive a request to access the personal information we hold about an individual, we will respond within a reasonable period of time. Unless it is impracticable for us to do so, we will generally provide access to the requested information in the manner requested.
Please note that we are entitled to charge a reasonable administrative fee to cover our costs incurred in providing access to the personal information we hold about an individual.
Please also note that we reserve the right to verify the identity of the person making an access request, to ensure that we are not inadvertently disclosing personal information to an individual not entitled to access such information.
Further, we reserve the right to redact the information we make available in response to an access request, to protect the privacy of other individuals.
We may from time to time refuse to provide access to the information we hold about an individual, in accordance with the provisions of the Privacy Act 1988 (Cth) and the Australian Privacy Principles. Where we refuse access, we will explain the reasons for refusal in writing and provide details in relation to the relevant complaint process.
As noted above, we take reasonable steps to ensure that the information we collect, hold, use and disclose about an individual is complete, up-to-date and accurate. However, if at any time an individual believes that personal information we hold is incorrect, incomplete, outdated or inaccurate, the individual has the right to request that we amend such personal information. If we refuse the correction request, then we will provide written reasons and information about the complaints-handling process should the individual not be satisfied with those reasons.
Where information about an individual is corrected and the information has been disclosed to third parties prior to the correction, we will take reasonable steps to notify the third parties of the correction.
Lodging a complaintIf you wish to complain about an alleged breach of the privacy of your personal information, the complaint should be made in writing to us and addressed to the attention of our privacy officer. The details of our privacy officer are set out below.
We will promptly acknowledge receipt of your complaint and we will endeavour to deal with your complaint and to provide you with a response within a reasonable period of time following receipt of your complaint (generally within 30 days of receipt).
Where a complaint requires a more detailed investigation, it may take longer to resolve. If this is the case, then we will provide you with progress reports.
We will verify your identity and seek (where appropriate) further information from you in connection with your complaint.
Where required by law, we will provide our determination on your complaint to you in writing.
Please note that we may refuse to investigate or otherwise deal with a complaint if we consider it to be vexatious or frivolous.
If you are dissatisfied with the outcome of your complaint, you may write to us seeking an internal review of our decision. Such internal review will be completed by an officer not previously involved in your complaint.
If you still remain dissatisfied following the result of the internal review, you may escalate your complaint to the Office of the Australian Information Commissioner.
Contact DetailsIn relation to any query, concern or complaint about how we comply with our privacy obligations, please direct such communications to the following:
The Privacy Officer
Sub-Zero Australia Pty Ltd
11-19 Bank Place
Melbourne VIC 3121
Fax: +61 3 9600 2126
Email: [email protected]