At Thermomix ® in Australia Pty Ltd (ACN 069 944 930) (“Thermomix ® in Australia”, “we” and “us”), we recognise the importance of protecting your personal information (“Personal Information”). We are bound by the Privacy Act 1988 (Cth) and the Australian Privacy Principles.
What Personal Information do we collect?
We may collect your Personal Information such as your name, date of birth, street and postal address, email address, age, sex, marital status, phone numbers, other contact details, occupation, cooking and food preferences, personal interests, financial information and credit card details for any goods and/or services you purchase from us.
We may also collect the following information for marketing purposes and to improve your experience with us:
- your server address;
- domain name;
- the date and time of your visit to the Site;
- the pages viewed and information downloaded;
- food habits;
- Thermomix model;
- the previous sites visited; and
- the type of browser used.
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 such a fashion or if you do not provide us with your 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 procedure. If we are unable to verify your identity, or you continue to engage with us in an anonymous or pseudonymous basis, then we may be unable to complete your request or pursue our complaints-handling procedure.
How do we collect your Personal Information?
We collect your Personal Information using various means such as:
- directly from you e.g. through the Site, order forms, questionnaires or when you register as a user;
- from social media networks where we have a connection e.g. Facebook, Instagram, Twitter;
- by your usage of the Site e.g. the pages that you visit, what links you click;
- a telephone or in-person inquiry or discussion about our products, services and accounts;
- mail correspondence, emails or other electronic means; and
- publicly available sources of information.
We may also collect Personal Information about you from third parties, such as independent Thermomix ® Consultants, in certain situations (including when you place an order to purchase a Thermomix with an independent Thermomix ® Consultant). We may also collect Personal Information about you from your employer when your employer is applying for us to provide goods and/or services and third parties (including credit reporting bodies such as Veda Advantage and Dun & Bradstreet, the Australian Securities & Investments Commission (“ASIC”) and land title offices) in relation to credit checks, property searches and company extracts. In these situations, it would be unreasonable or impracticable for us to collect the Personal Information about you directly from you.
We also collect data from our Site using various technologies, including ‘cookies’. A ‘cookie’ is a text file our Site sends to your browser which is stored on your computer as an anonymous tag identifying your computer (but not you) to us. You can set your browser to disable cookies. However, some parts of our Site may not function properly (or at all) if cookies are disabled.
In accordance with the requirements of the Privacy Act 1988 (Cth) and the APPs, we only collect Personal Information from or about you only if it is reasonably necessary for one or more of our functions or activities. Additionally, we only collect personal information by lawful and fair means.
Receipt of unsolicited Personal Information
From time to time we may receive Personal Information about an individual without specifically asking for that Personal Information. For example, we may receive misdirected mail or an employment application sent to us on the initiative of the job applicant and not in response to an advertised vacancy. Additionally, we may receive unsolicited Personal Information from an individual when we ask the individual to provide us with Personal Information and the individual supplies more than what we have requested from the individual.
How do we use your Personal Information?
As a general principle, 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 your Personal Information for the following purposes:
- to better understand who purchases and uses a Thermomix ® and other products and services which we offer (either directly, through an Independent Thermomix ® Consultant or through other means), those who use the Site and the other social media and online channels we operate (including through market research in relation to our products and services);
- to better understand our relationship with current, prospective and former Independent Thermomix ® Consultants;
- to provide products and services to you or for Independent Thermomix ® Consultant purposes;
- processing your transaction and administering your account, including by processing of invoices, bills, statements of accounts and related financial matters necessary to enable us to provide your goods and/or services to you;
- addressing queries, warranty claims or resolving complaints;
- to send information updates, marketing materials and newsletters to you (including marketing, advertising or otherwise promoting the opportunity to become an Independent Thermomix ® Consultant and our products and/or services);
- seeking your participation (on a voluntary basis) in advertising campaigns, events, launches, customer testimonials and focus groups;
- to verify your identity and registered user status;
- to initiate contact with you if you have not purchased products or services from us, you have terminated your Independent Thermomix ® Consultancy, or otherwise not engaged with us for an extended period (unless you inform us you no longer wish to be contacted by us or by anyone on our behalf, such as an Independent Thermomix ® Consultant); and
- to improve our products and services, our Site and directory.
To whom do we disclose your Personal Information?
We may disclose your Personal Information to third parties but only on an as-needs basis. These third parties may include:
- our agents or contractors;
- to independent Thermomix ® Consultants;
- email marketing providers such as Vision 6;
- Thermomix ® in New Zealand or any of our related entities;
- our professional advisers.
Third parties to whom we disclose Personal Information may be located outside Australia, including Vorwerk international Strecker & Co in Switzerland and Germany and its related entities, and Thermomix ® in New Zealand. Additionally, information (including Personal Information) may be hosted for us in data centres located in Europe, the United States of America and/or other countries as determined by us from time to time in our discretion.
In the event we disclose Personal Information about you to a third party located outside Australia, we will take reasonable steps to ensure that the third party recipient has implemented reasonable security mechanisms to protect your information.
Wherever reasonably practicable, we will first seek your consent to such cross-border disclosure. Where you consent to such cross-border 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 connection with the Personal Information disclosed to a recipient located outside Australia.
When we disclose your Personal Information with a third party, we will take reasonable steps to require the third party to handle your Personal Information in accordance this policy and Australian privacy laws. Without limiting the foregoing, we will not authorise them to use your Personal Information for any other purpose.
We may disclose your personal information to third parties (including those listed above) for the purpose of:
- complying with our obligations owed to you under any contract between us and you, or as required by law;
- complying with our obligations owed to third parties under any contract between us and the third party where the completion of our obligations requires the disclosure of Personal Information we have collected to the third party;
- enabling those third parties to perform services on our behalf, such as delivering packages, addressing warranty claims, sending correspondence and processing payments;
- marketing us, our products and our services to you; and
- recovering debts where you fail to pay for products and/or services provided by us.
Without limiting the foregoing, we may disclose your Personal Information to our business partners, such as auditors, financial services or insurance companies, or 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. This information may include scrambled credit card details (although these will only be used with your consent for any transactions with them).
In additional, we may disclose statistics (with personal identifiers removed) about our customers, readers, sales, traffic patterns and related site functions to reputable third parties primarily for the purpose of assisting us to improve our service offering.
You have the right to tell us that you do not wish 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.
We strive to ensure the security of your Personal Information and we take reasonable steps to protect your Personal Information from:
- 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 of any Personal Information held by us.
We do everything reasonably within our power and control to prevent unauthorised use or disclosure of your Personal Information. However, we will not be held responsible for events arising from any unauthorised use or access to your 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 about you.
All transactions conducted online through the Site are conducted using Secure Sockets Layer (SSL) technology.
Accuracy of your Personal Information
We take reasonable steps to ensure that your Personal Information that we collect, use or disclose is accurate, complete and up-to-date. However, the accuracy of the information held by us largely depends on the accuracy of the information that you supplied to us. If at any time you discover that any information concerning you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us to correct the information.
From time to time, we may send emails containing marketing materials or promotions of our products and services or the Independent Thermomix ® Consultancy opportunity to you or otherwise directly market our products and services to you on the basis that you would reasonably expect us to do so, where we have collected your Personal Information from you already. Where we collect Personal Information about you from a third party, then we will not use that Personal Information to directly market to you without your consent. By your use of the Site, you consent to us doing so. However, you may unsubscribe from these marketing materials at any time by clicking on the unsubscribe option or by sending an email to us. We will remove you from the mailing list.
We will also 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).
Access to your Personal Information and Complaints
Your privacy is very important to us and we take the matter very seriously. If you have any concerns about your privacy or how your Personal Information is being handled, please contact us at the email address at the bottom of this policy. We will respond within a reasonable time after the request is made and give access to the information in the manner you request, unless it is impracticable to do so. We are entitled to charge you a reasonable fee for giving you access to the information you request.
Should we refuse you access to the Personal Information, we will explain the reasons for refusal and, if you wish to lodge a formal complaint about our refusal, we will explain the complaint procedure.
Please note that we will verify your identity before granting access to the Personal Information we hold about you.
If at any time you believe that the Personal Information we hold about you is incorrect, incomplete or inaccurate, then you may request that we amend such Personal Information. If we refuse your correction request, we will give you written reasons and provide you with information about our complaints-handling process should you not be satisfied with our reasons. Where we correct the Personal Information we hold about you, we will take reasonable steps to notify third parties bound by the APPs of the correction made to your Personal Information.
Sometimes, cookies may collect and store your Personal Information. We treat such information in the same manner as other Personal Information that you provide to us.
You can deactivate the cookies by resetting your web browser to refuse all cookies or to indicate when a cookie is being sent. However, the Site and our services may not function properly if you disable the cookies.
Third Party Sites
LODGING A COMPLAINT
If you wish to complain about an alleged breach of the privacy of your Personal Information, or an alleged breach of the APPs, the complaint should be made in writing and addressed to the attention of our Privacy Officer at the below address.
We will acknowledge receipt of your complaint and we will endeavour to deal with your complaint and provide you with a response within a reasonable time following our receipt of your complaint (generally 30 days from our receipt of your complaint). Where a complaint requires a more detailed investigation it may take longer to resolve. If this is the case, we will provide you with progress reports.
We will verify your identity and seek (where appropriate) information from you in connection with the complaint.
Where required by law, we will acknowledge your complaint in writing and provide information in writing to you on how we will deal with your complaint. Further, if required to do so by law, we will provide our determination on your complaint to you in writing.
We may refuse to investigate and 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 seek an internal review of our decision, which will be completed by an officer not previously involved in your complaint. If you remain dissatisfied, you may escalate your complaint to the Office of the Australian Information Commissioner.
Further Privacy Information
For more information about privacy issues in Australia and protecting your privacy, visit the Australian Government, Office of the Australian Information Commissioner website www.privacy.gov.au.
Credit Reporting Policy:
This Credit Reporting Policy sets out how Thermomix ® in Australia Pty Ltd (“Thermomix ® in Australia”, “us” and “we”) collect, use, disclose and otherwise manage credit-related information and applies if you or an entity with which you are associated apply for or are extended credit with us.
For the purpose of this policy, “credit-related information” means “credit information”, “CP-derived information” and/or “credit eligibility information” as those terms are defined in the Privacy Act 1988 (Cth).
“Credit information” includes information used to identify an individual, repayment history, types of credit applied for, default information, payment information, information about new payment arrangements, court proceedings and insolvencies, and publicly available information recorded on the National Personal Insolvency Index.
Credit reporting bodies may provide us with “credit eligibility information”, which is credit reporting information about the individual and CP-derived information about the individual. “CP-derived information” means any personal information derived from information a credit reporting body provides to us (for example, a credit score).
Where we provide you with credit (in the form of us providing you with goods and/or services and allowing a time in excess of seven days for you to pay us for those goods and/or services) or where we are considering an application to provide you with credit, we may collect and hold various information related to your financial position. In this situation, we are bound by the Privacy Act 1988 (Cth) to the extent it applies to credit-related personal information which we hold, use and disclose.
Please note that this does not apply to any foreign credit information or information provided to us by foreign credit providers. We will take all necessary steps to ensure that information we hold is not available to foreign credit reporting bodies or foreign credit providers.
We may collect such information from you in a number of ways, including through face-to-face meetings, your completion and submission of forms to us, your email communications with us and over the telephone. We may also collect information from people acting on your behalf, including independent Thermomix Consultants who submit orders for the purchase of goods and/or services we supply. We will also derive some credit information about you from your transactions in connection with credit, such as when you make payments to us.
Additionally, we may collect information about you from a credit reporting body, such as Veda Advantage, Creditor Watch, Credit Works Australia and SAI Global Property Division Pty Ltd.
To the extent that we are a credit provider for the purposes of the Privacy Act 1988 (Cth), the provision of credit is incidental to our business. Accordingly, we do not provide nor do we consider applications for the provision of consumer credit (within the meaning of the term under the Privacy Act 1988 (Cth)). Individuals seeking to purchase our goods and/or services on credit must apply to a licenced credit provider.
In the event we provide commercial credit, we may obtain credit reports in relation to individuals for the purposes of assessing credit applications (including applications to increase the amount or to change the terms of existing credit) from those persons or companies of which they are a director and also to assess whether to accept a guarantee from an individual.
Purposes of collection, use and disclosure
We collect, hold and use your information primarily to provide goods and services to you. This extends to incidental or ancillary purposes such as including us deciding whether to extend you credit as part of the provision of goods and/or services to you.
We may disclose information about you to a credit reporting body for the purpose of us obtaining from that body credit reporting information for the purpose related to our provision of credit to you in accordance with the relevant provisions of the Privacy Act 1988 (Cth). The information we may disclose about you to a credit reporting body may be the following types of information: your full name, any previous names under which you may have been known, your date of birth, your gender, your current or last known address, your driver’s licence number (if you hold one) and the name of your current or last known employer.
For the purpose of such disclosures, the credit reporting bodies we may disclose such information are as follows: Veda Advantage, Creditor Watch, Credit Works Australia, SAI Global Property Division Pty Ltd and ASIC.
We collect and use your credit information in order to assess your financial position for our internal management purposes that are directly related to the management of our supply of goods and/or services, and where otherwise required or permitted by law.
We may disclose this information about you to: (a) related bodies corporate, or a person who manages credit, to manage credit or for related internal management purposes directly related to the provision or management of credit; (b) external dispute resolution providers; and (c) other persons where required or authorised by law.
We may disclose repayment history information to credit reporting bodies with whom we deal in accordance with the Privacy Act 1988 (Cth).
In accordance with the Privacy Act 1988 (Cth), we may also disclose to credit reporting bodies information about defaults on credit, except where an exception applies and where overdue payments previously disclosed by us to the relevant credit reporting body have been made to us.
Protection of your information
We take reasonable steps (including reasonable administrative, technical and physical steps) to protect the information in our possession from unauthorised loss, theft and unauthorised use, disclosure or modification.
However, we are not able to guarantee the complete safety of your information.
Retention of your information
We will retain your information for the period necessary to enable us to fulfil the purposes outlined in this Credit Reporting Policy unless a longer retention period is required or allowed by law.
Use of your credit-related information in relation to direct marketing
We will not use personal information in any credit report disclosed to us by a credit reporting body or another credit provider for the purpose of directly marketing our goods or services to you.
Access to and correction of your information
As a credit provider, as required by law, we will provide you with access to the credit-related personal information we hold about you and the opportunity to correct such information in accordance with our policy that applies to personal information as set out above.
Where you submit a request to access the information we hold about you, we will usually provide you with access within 30 days of a request but in some circumstances, it may take longer.
Please note that we are, in some circumstances, permitted by the Privacy Act 1988 (Cth) to deny you access to some or all of your credit eligibility information. Where we deny you access, we will provide you with reasons for such denial (where it is reasonable for us to do so) in writing. If you are not satisfied with our response, you may submit a complaint to the Privacy Commissioner.
We do not charge you for making an access request but we reserve the right to charge an administration fee for providing access in accordance with your request, in accordance with the Privacy Act 1988 (Cth).
You may access our policy concerning the management of credit-related personal information by accessing our website from time to time; alternatively, you can contact our Privacy Officer (details set out below) to request a hard copy of our policy.
If you believe that any information we hold about you is inaccurate, out-of-date, incomplete, irrelevant or misleading you have a statutory right to request that we correct such information. You can make a correction request by contacting us at the details below.
We will endeavour to resolve correction requests within 30 days of your making a request. If we need more time to resolve your request, we will notify you as to the delay, the reasons for it and seek your written agreement to a longer period.
If we consider it necessary in order to deal with your request, we may consult with a credit reporting body or another credit provider.
You will not incur any cost in making a correction request or for the correction of your information.
If you believe that we have not complied with our obligations under the Privacy Act 1988 (Cth) then you have the right to make a complaint. You must specify the nature of the complaint. A complaint can be submitted to us at the details below.
Once we have received the complaint, we will investigate the complaint fully and we aim to resolve the complaint as quickly as possible (generally within 30 days of our receipt of your complaint).
If we cannot resolve your complaint within 30 days then we will notify you in writing as to the reasons why, specify a date as to when we expect to resolve your complaint and seek your agreement to extend this 30-day period.
Please note that if we consider it necessary or appropriate to consult with a credit reporting body or another credit provider to deal with your complaint, then we reserve the right to do so. If, while the complaint remains unresolved, we disclose information subject to the complaint to a third party, we may advise the third party about the complaint.
Depending on the nature of the complaint, sometimes we may be required to notify a credit reporting body or credit provider of the making of the complaint and our decision.
If you are not satisfied with the manner we handled your complaint or the manner in which we resolved your complaint, you may submit a complaint to the Privacy Commissioner.
Our Privacy Officer may be contacted as follows:
1800 004 838
Statement of Notifiable Matters under the Credit Reporting Privacy Code
Under the Credit Reporting Privacy 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 credit reporting body. These matters are:
- the credit reporting body 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 to assess your creditworthiness;
- if you commit a serious credit infringement, we may disclose this to a credit reporting body;
- you can request a copy of our Credit Reporting 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 in the Credit Reporting Policy;
- you can request a credit reporting body not to use your credit reporting information for the purposes of pre-screening of direct marketing by us; and
- you can request a credit reporting body 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.