Privacy Policy

1. OUR COMMITMENT TO PRIVACY

FMHW Pty Ltd ("Fackelmann Housewares", "we", "us", or "our") respects and is committed to protecting your privacy and the privacy of your Personal Information provided to us. We comply with the Australian Privacy Principles set out in the Privacy Act. To the extent that we handle your credit information, we will also comply with the Credit Reporting Code.

This Privacy Policy applies to all your dealings with us, whether directly through one of our divisional offices or via our Website. 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 Website as applicable (and whether enquiring about or undertaking any transactions with respect to our Services and Products).

This Privacy 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 it; 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 Privacy Policy. You should review our Privacy Policy each time you visit our Website or provide us with Personal Information.

2. DEFINITIONS

In this Privacy 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 under the Privacy Act.

Credit Reporting Code means the Privacy (Credit Reporting) Code 2024 (Cth).

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 11 below).

Products means the products provided by us from time to time.

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

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

Services means the services 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?

Types 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 enquiries 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 Products or Services or is reasonably necessary to enable us to manage our business; or

(c)    such collection is authorised by law.

Credit Information

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
• 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 11 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 Equifax (www.equifax.com.au, telephone: 13 8332). A copy of the credit reporting policy for this CRB will be available on its website or will be provided in hard copy upon request.

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 11 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;
• to investigate in circumstances where we believe on reasonable grounds that a serious credit infringement has been committed and the information is used in connection with that
• any other purpose where the use or disclosure is required or permitted by law.

We also collect Personal Information from our Related Entities (being those listed in the schedule below). 

4. STATEMENT OF NOTIFIABLE MATTERS UNDER THE CREDIT REPORTING CODE

Under the Credit Reporting Code, there are several ‘notifiable matters’ that we are required to disclose to you at or before the time of collecting Personal Information that is likely to be disclosed to a CRB. Those matters are:

• if we make an information request with a CRB, your consent to the disclosure being made is not required. A record of the information request may be used and, as relevant, disclosed for the purposes of the CRB or us assessing your credit worthiness, including calculation of a credit score or credit rating (subject to any other use or disclosure limitations under the Privacy Act, Privacy Regulation 2013 (Cth) or the Credit Reporting Code);
• an information request as referred to above may affect your credit score or credit rating calculated by a CRB;
• the CRB may include the Credit Information we provide to it in reports, which it then provides to other credit providers to assist those other credit providers in assessing your credit worthiness;
• if you fail to meet your payment obligations in relation to consumer credit or commit a serious credit infringement, we may disclose this to a CRB;
• you can request a copy of this Policy by contacting us, or obtain it directly from our Website;
• you have the right to access Credit Information we hold about you, request that we correct the information, and make a complaint, as set out below;
• you can request a CRB not to use your credit reporting information for the purposes of pre-screening of direct marketing by us; and
• you can request a CRB not to use or disclose your credit reporting information if you believe on reasonable grounds that you have been, or are likely to be, the victim of fraud.

You can ask us to provide you with a hard copy of this Privacy Policy (including this Statement of Notifiable Matters).

5. 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 Products and Services;
• 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 you have opted out of receiving such communications; and/or
• making contact in the context of the Products and Services 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 Personal 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 enquiries with us;
(g)   enable us to fulfil our contractual obligations with our contractors; and
(h)   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 Products or 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.

6. 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 emailing support@fackelmann.com.au.

We will not use or disclose credit related Personal Information for direct marketing purposes except to the extent permitted under the Privacy Act for the purpose of a CRB assessing your eligibility to receive direct marketing communications sent on our behalf. You may make a request directly to any CRB not to use your credit related Personal Information for these purposes.

7. 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 (Shopify). 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 & SAP (ERP solutions) & Klayvio and MailChimp (electronic marketing systems).

Security

To protect your Personal Information (including your Credit 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 an AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all Payment Card Industry Data Security Standard (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 full credit card details on our databases. Payment information is processed securely by Shopify or other payment service providers used to process your transaction.

Where available, you may choose to save your payment information with Shopify or an applicable payment service provider to facilitate future purchases. Where you choose to do so, your payment information may be securely retained by Shopify or the applicable payment service provider in accordance with their terms and privacy policies. We do not have access to your full stored credit card details.

We may retain details of your transactions, including information relating to your purchases and payments, as required for our business, accounting, legal and regulatory purposes.

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 to make a payment through our Website, your payment information will be processed by Shopify or the applicable payment service provider. Shopify complies with the Payment Card Industry Data Security Standard (PCI-DSS) in relation to its payment services.

Where available, you may choose to save your payment method with Shopify or an applicable payment service provider for use in future transactions. If you choose to save your payment method, the relevant payment information may be retained by Shopify or the applicable payment service provider beyond completion of the individual transaction, in accordance with their applicable terms and privacy policies.

We do not have access to your full stored credit card details. We may, however, retain information about your transaction and payment for business, accounting, legal, regulatory, fraud prevention and customer service purposes.

Shopify and our payment service providers maintain security measures designed to protect payment information in accordance with applicable payment card industry standards and their respective security obligations.

PCI-DSS requirements are designed to support the secure handling of payment card information by merchants and payment 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).

8. AUTOMATED DECISION MAKING AND USE OF AI

We use computer programs to make or assist with decisions that might affect your rights or interests. These decisions include determining customer service processes, and decisions relating to fraud detection, information security, credit and account management, and other operational or administrative matters. Where a decision could significantly affect your rights or interests, it is made or reviewed by an appropriately authorised member of our team.

We will use and disclose the kinds of personal information mentioned above in the operation of these computer programs.

We may also use and disclose the same kinds of personal information in our day-to-day operations, including to adapt, predict, recommend and personalise processes using artificial intelligence (AI) technologies. We may use AI technologies during the collection, processing, analysis, storage and use of personal information in connection with our business operations. We use enterprise (business) versions of AI software, which means your personal information stays within our organisation — it is not shared with the AI provider or any other third party for their own purposes, and is not used to train or develop the provider's software or models.

Your personal information may be disclosed to service providers that we engage to provide us with and conduct AI, and other persons involved in our use of this kind of technology including developers or owners of the technology.

9. 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. 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.

10. 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.

11. ACCESS TO PERSONAL INFORMATION

You have a right to access your Personal Information (including your Credit 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. We will respond to all requests for access to or correction of Personal Information within a reasonable time. If we refuse access, we will provide you with a written notice stating our reasons for refusing access. We may seek to recover from you reasonable costs incurred for providing you with access to any of the Personal Information about you held by us.

You can also request an amendment to any of your Personal Information (including your Credit Information) if you consider that it contains inaccurate information. We are not obliged to correct any of your Personal Information if we do not agree that it requires correction and may refuse to do so. If we refuse a correction request, we will provide you with a written notice stating our reasons for refusing.

You should contact our Privacy Officer (contact details below) about any issues you may have in relation to your privacy.

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    

12. OVERSEAS TRANSFERS OF PERSONAL INFORMATION

We may send and store your personal information overseas to or with service providers or other third parties who store data for us outside Australia such as cloud storage products or provide technology products and services to us, where we reasonably believe that the overseas recipient is subject to laws that protect the information in a substantially similar way to the APPs. These overseas recipients are likely to be situated within the United States of America. Where we do this, we ensure that appropriate data handling and security arrangements are in place and will take reasonable steps to ensure that the overseas recipient does not breach the APPs in relation to the information. We will only transfer personal information outside Australia to a third-party recipient, if the recipient of the information agrees (or is compelled) to comply with privacy policies that are in accordance with (or are more stringent than) the APPs.

13. 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 11 above; or
(b)    the Office of Australian Information Commissioner.

Website: www.oaic.gov.au

Telephone: 1300 363 992

Post: GPO Box 5218, Sydney NSW 2001
Email: enquiries@oaic.gov.au

In dealing with your complaint we may need to consult another credit provider or third party. Our Privacy Officer will acknowledge any complaints received and provide you with an outline of the process and timeframes for responding to the complaint.

If your complaint relates to credit related Personal Information and/or our failure to comply with our obligations regarding credit related Personal Information under the Privacy Act and/or the Credit Reporting Code:

• we will acknowledge your complaint within 7 days of receipt and endeavour to resolve it within 30 days, unless we inform you otherwise and seek your agreement in writing;
• we may consult with relevant third parties such as CRBs and/or other credit providers, in order to sufficiently and expeditiously resolve the complaint; and
• if your complaint relates to our refusal to provide access to, or correct, your credit related Personal Information, you may complain directly to the Office of the Australian Information Commissioner.

We will deal with all complaints in a fair and efficient manner.

14. 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 Privacy 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

Fackelmann (NZ) Limited

Fackelmann Housewares Singapore Pte Ltd

Prestige Housewares (South Africa)

Fackelmann Brands UK Ltd. (United Kingdom)

Fackelmann GmbH + Co.KG (Germany & Austria)