Privacy Policy

1. OUR COMMITMENT TO PRIVACY

Fackelmann Housewares (Fackelmann Housewares/we/us/ours) respects and is committed to protecting your privacy and the privacy of Personal Information provided to us. We comply with the relevant Australian Privacy Principles (APPs) set out in the Privacy Act 1988 (Cth). 

This Privacy Policy applies to all your dealings with us, whether directly through one of our divisional offices or via our Websites. You are deemed to accept this Privacy Policy and expressly consent to our collection, use and disclosure of your Personal Information as described in this Privacy Policy by you dealing with our divisional offices and using our Websites as applicable (and whether enquiring about or undertaking any transactions with respect to our Services and Products).

This policy provides you with information on how we collect, use, store and disclose your personal information. It includes information as to: 
(a)    the kinds of Personal Information that we may collect about you and how that information is held;
(b)    the purposes for which we collect, hold, use and disclose Personal Information;
(c)    how you can access your Personal Information and seek to correct such information; and
(d)    what you can do if you have a complaint about a breach of your privacy.

We will from time to time update this policy. You should review our Privacy Policy each time you visit our Website or provide us with Personal Information

2. DEFINITIONS

In this policy:

Credit Information means Personal Information that we obtain from a Credit Reporting Body (including any information derived from such information) or any information we provide to a Credit Reporting Body.

Credit Report means a report from a Credit Reporting Body the primary purpose of which is to assist with the assessment of the creditworthiness of a party.

Credit Reporting Body has the meaning given in section 3 of this Privacy Policy.

Personal Information has the meaning given under the Privacy Act.

Privacy Act means the Privacy Act 1988 (Cth).

Privacy Policy means this document setting out our policy relating to the privacy of Personal Information.

Privacy Officer means Fackelmann Housewares' first point of contact for privacy related matters. (The Privacy Officer can be contacted using the details in section 9 below).

Related Entities has the same meaning as under the Corporations Act 2001 (Cth).

Sensitive Information has the same meaning as under the Privacy Act.

Services and Products means the services and products provided by us from time to time.

Website means www.luigibormioli.com.au and other websites and forms of social media where you may post comments or we may interact with you.

3. WHAT KIND OF PERSONAL INFORMATION DO WE COLLECT AND HOW DO WE COLLECT IT?

Type of information we collect

We are in the business of supplying homewares. The kind of information which we collect from you will depend on the type of relationship that we have with you. For example we may collect information from our suppliers, our contractors, persons making enquires with us, prospective employees, customers or prospective customers.

We only collect information which enables us to carry out our functions and activities, assess your credit worthiness (if relevant to our relationship with you, process transactions and provide our services to you. The types of information which we may collect include your contact details (for example, your name, address, phone number, e-mail address, fax number), professional and business details and bank account details. 

How we collect your information

We usually collect your Personal Information directly from you. We may also collect such information in a variety of other ways, including from publicly available sources of information, when we are required to do so by law, through your logging onto and use of our website, the provision of our Services and Products, social media, electronic systems such as applications, other electronic communication channels and your participation in any competitions we offer. If at any time you supply Personal Information to us about any other person (e.g. another member of your household or you post a photo on our Facebook page), you represent and we accept that information on the basis that you are authorised to disclose it to us and that the relevant person has consented to the disclosure to us.

For security purposes we have CCTV cameras in some of our locations and your image may be recorded. We may also film vehicles as they exit and re-enter our premises for security purposes and to identify any damage which may have occurred. Any film taken of the vehicle may be high resolution and may include images of the occupants of the vehicle from which it may be possible to identify the occupants of the vehicle.  Any filming of the occupants is purely incidental.  Such film will only be used for the purpose of identifying damage, recovering payment for any damage and any other purpose authorised under the Privacy Act.

Sometimes we may collect personal information from third parties. We will only do this where:

(a)    we have your consent;

(b)    such collection is reasonably necessary to enable us to provide you with our services or is reasonably necessary to enable us to manage our business; or

(c)    such collection is authorised by law.

If you are a person or organisation to whom we provide credit, if you apply for credit from us or you are a guarantor or officer of a company to whom we provide credit, to assist us in assessing your credit worthiness, we may provide information about you to a Credit Reporting Body (CRB) in order to obtain a Credit Report from the CRB.  The information provided to the CRB includes Personal Information required to enable the CRB to provide us with the Credit Report.  If we decide to provide credit to you, we may also provide information to the CRB about the credit that we provided to you.  The information that we may provide to a CRB may include:

• personal particulars (e.g. your name, address, previous addresses, date of birth, name of employer and your driver's licence number);
• details concerning your application for credit or commercial credit and the amount requested;
• advice that we are a current credit provider to you;
• advice of any overdue accounts, loan repayments and / or any outstanding monies that are no longer overdue in respect of any default that has been listed; or
• or
• that credit provided to you by us has been paid or otherwise discharged.

A Credit Report we obtain from a CRB about you may include information about previous applications for credit and credit that has been provided.  It may include payment and default information, including information about court judgments or insolvency. You may request access to any Credit Information that we hold about you, or you may request that we update, correct or delete such information.  We will deal with any such request in accordance with section 9 of this Privacy Policy.  You may request a CRB not to use or disclose your Credit Information in some circumstances, e.g. if you believe you are or have been a victim of fraud. The CRBs we disclose personal information to, and obtain Credit Reports from, include:

www.equifax.com.au

Telephone: 13 8332

If you wish to complain about how we have dealt with any of your Credit Information you may contact our Privacy Officer and you may also complain to the independent privacy regulator in your country.  Relevant contact details are in section 9 of this Privacy Policy.

We may use or disclose Credit Information for the following purposes:

• to assess an application for credit or for any other credit related purpose;
• we believe on reasonable grounds that a serious credit infringement has been committed and the information is used in connection with that infringement; or
• the use is required or permitted by law.

We also collect personal information from our related entities (being those listed in the schedule below). 

4. WHAT DO WE USE OR DISCLOSE YOUR PERSONAL INFORMATION FOR?

Use of information

We only use Personal Information for our operational purposes to:

• provide our Services and Products;
• verify the accuracy of the information (including Credit Information and other Personal Information) you provide to us;
• comply with and enforce our contractual and other legal obligations and rights as applicable;
• respond to medical emergencies;
• process inquiries and improve our Products and Services;
• advise of additional services, products or information which may be of interest;
• develop our Products and Services;
• decide whether to provide credit if requested from us;
• improve the quality of our Website;
• send newsletters or email alerts unless opted out of receiving such communications; and/or
• making contact in the context of the Services or Products that have been requested through the website.

(primary purpose), unless:

(a)    we have your consent; 
(b)    there is another purpose (secondary purpose) and that secondary purpose is reasonably necessary or related to the primary purpose and you would reasonably expect, or we have informed you, that your information will be used for that secondary purpose.

For example, we may use your information to: 

(a)   confirm your identity, contact you, collect money from you or pay you; 
(b)   supply Products and provide Services to you;
(c)   administer our dealings and potential dealings with suppliers of products and services;
(d)   process orders on behalf of our customers (fulfilment services) for their customers;
(e)   process customer orders;
(f)    respond to requests from persons making enquires with us;
(g)   enable us to fulfil our contractual obligations with our contractors; and
(j)    enable us to manage our internal business affairs, for example, quality assurance, risk management, billing and other administrative purposes;

Disclosure of Personal information
We will confine the disclosure of your Personal Information to the primary purpose for which that information has been collected, or for a related secondary purpose.  This includes when disclosure is necessary to provide Services to you, assist us in running our organisation, or for legal reasons. 

We may provide your Personal Information to: 

(a)    our related entities as listed in the schedule below;
(b)    third parties contracted to provide services to us, such as delivery providers and email marketing organisations;
(c)    other service providers such as printers and mailing houses in connection with managing our services and internal business affairs; 
(d)    any other person or organisation if it is otherwise permitted or required by the Privacy Act or any other law or you authorise us to do so.

5. WHY YOU MAY HAVE RECEIVED ONE OF OUR PUBLICATIONS & DIRECT MARKETING

We will use your Personal Information in direct marketing, however will only do so where we have your consent.

When you register with us you will be given the option to opt-out of subscribing to our regular update service which will send you email and direct mail alerts for new products, features, enhancements, special offers, contests, events of interest and one-off marketing promotions.  Such alerts may include marketing information offered by us, or products and services offered by our selected business partners or related entities.

Any marketing communications you subscribe to will only be sent by us.  At all times, we will offer you the opportunity to unsubscribe from any service or update.  Any emails we send you will contain an easy automated unsubscribe link so that you can opt-out of that particular email communication in future.  Alternatively you can opt-out of emails by contacting 1800 709 714 (within Australia), or via our contact form.

6. ACCURACY OF INFORMATION, STORAGE, SECURITY AND PAYMENT

Complete and accurate details

We strive to keep the personal information we hold about you accurate, complete and up to date. 

Where possible and practicable, you will have the option to deal with us on an anonymous basis or by using a pseudonym. However, if the personal information you provide us is incomplete or inaccurate, or you withhold personal information, we may not be able to provide the Products or Services you are seeking, or deal with you effectively. 

Storage
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our Products and Services to you. Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.

All your personal information is stored securely by us, Shopify Inc. or other third party information storage providers, including overseas providers located in the United States of America. Your information may be processed by staff located outside of Australia who work for us, or for one of our suppliers.  Such staff may be engaged in fulfilling your order, processing your payment and providing support services.  By submitting your personal information to us, you agree to this transfer, storing and processing.

We will store your personal information on systems such as Shopify Inc. (ecommerce solution), IBS (ERP) and MailChimp (electronic marketing system).

Security

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.

If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.

 We review and update (where necessary) our security measures in light of current technologies. 

We do not store your credit card details on our database. These are destroyed after a transaction is complete. We do retain details of your transaction history.

Although we will endeavour to protect your personal information, we are unable to guarantee that any information you transmit to us over the internet is 100% secure. Any information you transmit to us over the internet is transmitted at your risk.

Payment

If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.

All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
For more insight, you may also want to read Shopify’s Terms of Service (https://www.shopify.com/legal/terms) or Privacy Statement (https://www.shopify.com/legal/privacy).

7. USE OF COOKIES, GOOGLE ANALYTICS & SOCIAL MEDIA

A 'cookie' is a small data file placed on your machine or device which lets us identify and interact more effectively with your computer.  Cookies do not identify individual users, but they do identify your web requests, ISP (which can be used to locate your general location), browser type, browser language and the date and time of your request.

Our website uses cookies to provide a better browsing experience. Below is a list of cookies that we use. This list is not extensive and our site may use additional cookies from time to time. If you prefer not to have cookies collected, you can disable this option in your browser settings.

_session_id, unique token, sessional, Allows Shopify to store information about your session (referrer, landing page, etc).
_shopify_visit, no data held, Persistent for 30 minutes from the last visit, Used by our website provider’s internal stats tracker to record the number of visits
_shopify_uniq, no data held, expires midnight (relative to the visitor) of the next day, Counts the number of visits to a store by a single customer.
cart, unique token, persistent for 2 weeks, Stores information about the contents of your cart.
_secure_session_id, unique token, sessional
storefront_digest, unique token, indefinite If the shop has a password, this is used to determine if the current visitor has access.

If you prefer not to have cookies collected, you can disable this option in your browser settings.

We may use products such as Google Analytics to analyse the audience statistics of our website to improve our content. The information collected includes your IP and referring website address, browser type and version, device type, time zone setting, browser plug-in type and version, domain name, operating system and platform, website access times, information about your visit, such as the pages you accessed, page response times, download errors and page interaction information.

We may collect your personal information when you post content on our social media pages. We use that information for purposes of marketing and enhancing our services.

8. LINKS TO OTHER SITES 

We may provide links to third party websites. These linked sites may not be under our control and we are not responsible for the content or privacy practices employed by those websites. Before disclosing your personal information on any other website, we recommend that you carefully read the terms and conditions of use and privacy statement available on the relevant website.

9. ACCESS TO PERSONAL INFORMATION

You have a right to access your personal information which we hold about you. If you make a request to access your personal information, we will ask you to verify your identity and specify the information you require.

You can also request an amendment to any of your personal information if you consider that it contains inaccurate information. 

You should contact our Privacy Officer (contact details below) about any issues you may have in relation to your privacy. We may charge a fee for providing this service, but we will inform you of that at the time you make the request.

Privacy Officer: Mr M Batson
Address: Unit 11, 20-22 Hardner Rd, Mount Waverley, VIC 3149, Australia
Telephone: +61 2 9370 8000
Email: support@fackelmann.com.au    

10. COMPLAINTS

If you have a complaint about our information handling practices or consider we have breached your privacy, you can lodge a complaint with:

(a)    the Privacy Officer, on the contact details listed in clause 9 above; or
(b)    the Office of Australian Information Commissioner. Website: www.oaic.gov.au

Post: GPO Box 5218, Sydney NSW 2001
Email: enquiries@oaic.gov.au
We will deal with all complaints in a fair and efficient manner.

11. CHANGES TO THIS PRIVACY POLICY

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it. If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.

SCHEDULE – RELATED ENTITIES

FMHW Pty Ltd ABN:  89 601 910 776

Fackelmann (NZ) Limited

Fackelmann Housewares Singapore Pte Ltd

Prestige Housewares (South Africa)

Fackelmann Brands UK Ltd. (United Kingdom)

Fackelmann GmbH + Co.KG (Germany & Austria)